Citations Affected: IC 36-9.
Synopsis: Sewer liens. Provides that the municipal officer responsible
for collecting municipal sewer fees record and certify liens relating to
delinquent sewer fees by using either a list or individual instruments.
Requires that certification occur not later than 10 days after recording.
Effective: July 1, 2003.
January 13, 2003, read first time and referred to Committee on Local Government.
February 17, 2003, amended, reported _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
penalty. or
(2) An individual instrument for each lot or parcel of real property
on which the fees are delinquent.
(c) The officer shall record a copy of each list or each individual
instrument with the county recorder who shall charge a fee for
recording it the list or each individual instrument in accordance with
the fee schedule established in IC 36-2-7-10. The officer shall then
mail to each property owner on the list or on an individual instrument
a notice stating that a lien against the owner's property has been
recorded. Except for a county having a consolidated city, a service
charge of five dollars ($5), which is in addition to the recording fee
charged under this subsection and under subsection (f), shall be added
to each delinquent fee that is recorded.
(d) This subsection applies only to a county containing a
consolidated city. Using the lists and instruments prepared under
subsection (b) and recorded under subsection (c), the officer shall
certify to the county auditor a list of the liens that remain unpaid
according to a schedule agreed upon by the county treasurer and the
officer for collection with the next cycle's property tax installment. The
county and its officers and employees are not liable for any material
error in the information on the list.
(e) Using the lists and instruments prepared under subsection (b)
and recorded under subsection (c), after September 1 of the preceding
calendar year and before September 1 of the current calendar year, the
officer shall, before December 15 of each year not later than ten (10)
days after the list or each individual instrument is recorded under
subsection (c), certify to the county auditor a list of the liens that
remain unpaid for collection in the next May. The county and its
officers and employees are not liable for any material error in the
information on this list.
(f) The officer shall release any recorded lien when the delinquent
fees, penalties, service charges, and recording fees have been fully
paid. The county recorder shall charge a fee for releasing the lien in
accordance with IC 36-2-7-10.
(g) On receipt of the list under subsection (d) or (e), the county
auditor of each county (excluding a county having a consolidated city)
shall add a fifteen dollar ($15) certification fee for each lot or parcel of
real property on which fees are delinquent, which fee is in addition to
all other fees and charges. The county auditor shall immediately enter
on the tax duplicate for the municipality the delinquent fees, penalties,
service charges, recording fees, and certification fees, which are due no
not later than the due date of the next May installment of property
taxes. However, In a county having a consolidated city, the delinquent
fees, penalties, service charges, and recording fees are due not later
than the due date of the next installment of property taxes. The county
treasurer shall then include any unpaid charges for the delinquent fee,
penalty, service charge, recording fee, and certification fee to the owner
or owners of each lot or parcel of property, at the time the next cycle's
property tax installment is billed.
(h) After the date of certification in each year, of liens under
subsection (e), the officer may not collect or accept delinquent fees,
penalties, service charges, recording fees, or certification fees from
property owners whose property has been certified to the county
auditor. This subsection does not apply to a county containing a
consolidated city.
(i) If a delinquent fee, penalty, service charge, recording fee, and
certification fee are not paid, they shall be collected by the county
treasurer in the same way that delinquent property taxes are collected.
(j) At the time of each semiannual tax settlement, the county
treasurer shall certify to the county auditor all fees, charges, and
penalties that have been collected. The county auditor shall deduct the
service charges and certification fees collected by the county treasurer
and pay over to the officer the remaining fees and penalties due the
municipality. The county treasurer shall retain the service charges and
certification fees that have been collected, and shall deposit them in the
county general fund.
(k) Fees, penalties, and service charges that were not recorded
before a recorded conveyance shall be removed from the tax roll for a
purchaser who, in the manner prescribed by section 32(d) of this
chapter, files a verified demand with the county auditor.
(l) A board may write off a fee or penalty under subsection (a) that
is for less than forty dollars ($40).