(A) Fees; nonpayment; delinquency penalty; civil action to recover. If fees assessed against real property under this chapter or any statute repealed by I.C. 19-2-5-30 (repealed September 1, 1981) are not paid within the time fixed by the municipal legislative body, they are delinquent. A penalty of 10% of the amount of fees attaches to the delinquent fees. The amount of the fee, the penalty, and a reasonable attorney’s fee may be recovered by the Board in a civil action in the name of the municipality.
(I.C. 36-9-23-31)
(B) Fees; nonpayment; creation of lien; priority; time of attachment; notice; subsequent owners; release.
(1) Fees assessed against real property under this chapter or under any statute repealed by I.C. 19-2-5-30 constitute a lien against the property assessed. The lien is superior to all other liens except tax liens. Except as provided in subsections (2) and (3), the lien attaches when notice of the lien is filed in the county recorder’s office under I.C. 19-2-5-33.
(2) 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 municipality 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 not less than 15 days after the date of notice. If payment is not received within 180 days after the date of the notice, the amount due may be expensed as a bad debt loss.
(3) 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.
(4) The municipality shall release:
(a) Liens filed with the county recorder after the recorded date of conveyance of the property; and
(b) Delinquent fees incurred by the seller; upon receipt of a varied 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.
(I.C. 36-9-23-32) (`81 Code, § 50.37) Penalty, see § 50.999
Cross-reference:
Collection, see § 50.020
Billing procedure, see § 50.036
Statutory reference:
Collection of rates and charges, see I.C. 36-9-23-25 through 36-9-23-28