(A) If fees assessed against real property under I.C. 36-9-23 (as amended from time to time) or any successor statute, are not paid within 30 days of the date of billing, they are delinquent. A penalty of 10% of the amount of the fees attaches to the delinquent fees. The amount of the fee, the penalty, and a reasonable attorney’s fee may be recovered by the Seymour Municipal Sanitation Utility in a civil action in the name of the municipality.
(B) Sewer user fees and late charges assessed against real property under this section constitute a lien against the property assessed. The lien is superior to all other liens except tax liens. Except as provided by state law, the lien attaches when notice of the lien is filed in the County Recorder’s office. A fee is not enforceable as a lien against a subsequent owner of property unless the lien for the fee was recorded with the County Recorder before the conveyance to the subsequent owner. If the property is conveyed before the lien can be filed, the city shall notify the person who owned the property at the time the fee became payable. The notice must inform the person that payment, including penalty fees for delinquencies, is due within 15 days after the date of the notice. If payment is not received within 180 days after the date of the notice, the amount due may be expressed as a bad debt loss. A lien attaches against real property occupied by someone other than the owner only if the utility notified the owner within 20 days after the time the utility fees became 60 days delinquent. However, the utility is required to give notice to the owner only if the owner has given the general office of the utility written notice of the address to which his or her notice is to be sent. The city shall release: (1) liens filed with the County Recorder after the recorded date of conveyance of the property; and (2) delinquent fees incurred by the seller; upon receipt of a verified demand in writing from the purchaser. The demand must state that the delinquent fees were not incurred by the purchaser as a user, lessee, or previous owner, and that the purchaser has not been paid by the seller for the delinquent fees.
(C) The city may foreclose a lien established by this section in order to collect fees and penalties. The city shall recover the amount of the fees and penalties, and a reasonable attorney’s fee. The court shall order the sale to be made without relief from valuation or appraisement laws, all in accordance with the applicable provisions of the Indiana Code.
(1987 Code, § 9-77) (Ord. passed 6-26-2000; Am. Ord. 10, 2005, passed 5-23-2005; Am. Ord. 7, 2008, passed 4-14-2008)
Statutory reference:
Late payment 10% penalty and attorney fees, see I.C. 36-9-23-31