Loading...
HomeMy WebLinkAboutS-23 Liens on Unpaid Sewer Fees Instrument An Ordinance creating a lien on real estate for ~ ~ ~C~]~7~delinquent sewage charges and allowing such liens ~:~ on real estate to be perfected by the Clerk- Treasurer of the To~ of Carmel, Indiana, confirm- ~.~~delznquent pa~ent dates, and establishment ~o~Mam~o~ Co~'~eposit requzrement and forfeiture of same. WHEREAS, the Town of Carmel, Indiana, owns and operates a sewage works for the collection of and the treatment of sewage for the bene- fit of residents of the Town of Carmel, Indiana, and WHEREAS, it is in the best interests of the residents of the Town of Carmel, Indiana, and most expeditious to the operation of such sewage works for the rates and charges due and owing the Town by the customers thereof, and WHEREAS, Indiana Code 19-2-5-23 (Burns Indiana Statutes Anno- tated 48-4323) entitled "Lien For Charges - Assessment - Collection" establishes a lien for such delinquent charges and rates, and WHEREAS, it is necessary to effect the collection and payment of said rates and charges for the service provided to customers by the sewage works that a "Sewage Deposit" of $20.00 be paid prior to a customer obtaining sewage service and that said deposit of $20.00 be forfeited and sewage service discontinued if payments are not made, and I~HEREAS, notice of the Town's intention to effect such forfeiture and to discontinue service to the customer should be given as follows: (a) That the Clerk-Treasurer will notify in writing the respective customer at the expiration of 30 days after such rates and charges have been deemed delinquent, i.e. 45 days after billing date, of the Town's intention to declare that sewage deposit for- feited and applied toward the delinquency and to discontinue sewage the sewage works that the Clerk-Treasurer of the Town of Carmel, Indiana, be allowed pursuant to said statute to perfect a lien on said real estate to facilitate the collection of such delinquent rates and charges, NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF CARMEL, INDIANA: 1. That all rates and charges for the collection of sewage and treatment of sewage owing by all respective customers of said sewage treatment plant are due and payable within 15 days from the date of billing and in the event such charges are not paid to the Town of Carmel, Indiana, within said 15 day period, such rates and charges are hereby delinquent and subject to payment together with a penalty of ten per cent (10%) of the amount due as evidenced by the bill. 2. That all such rates and charges owing to the Town of Carmel, Indiana, for the collection and treatment of sewage in accordance with lC 19-2-5-23 (Burns Indiana Statutes Annotated 48-4323) shall be a lien against any lot, parcel of real estate or building that is connected with and uses the works (sewage) by or through any part of the sewage system of the Town of Carmel, Indiana, or that in any way uses or is served by the works and that said charges are payable by the owner of any such parcel of real estate or building. 3. That said lien shall attach at the time of the filing of the Notice Of The Lien in the County Recorder's Office of Hamilton County by the Clerk-Treasurer of the Town of Carmel, Indiana. 4. That the Town of Carmel, Indiana, may bring a civil action in its own name to recover the amount due for rates and charges, the penalty and a reasonable attorney's fee. That prior to the Clerk- Treasurer recording, perfecting and filing notice of lien as pre- 25_ parcel of real estate or building and in the event such parcel of real estate or building is occupied by someone other than the owner and that such notice to the owner shall be sent to the owner not less than 10 days after the time such sewage rates and charges have become 60 days delinquent. However~ such notice to the owner as referred to in this ordinance shall not be required unless such owner has notified the Office of the Clerk-Treasurer by certified mail with return receipt requested of th~ address to which said owner's notice is to be sent. 5. That prior to obtaining sewage service the prospective custo- mer will tender to the Clerk-Treasurer of the Town of Carmel, Indiana, the sum of $20.00 to be designated as a "Sewage Deposit" and in the event such rates and charges for sewage service are not paid at the expiration of 30 days from the time that such rates and charges have become hereby delinquent, i.e. 45 days from date of billing, the Clerk- Treasurer will notify the customer in writing that such sewage deposit of $20.00 will be forfeited and applied toward such delinquent rates and charges as occur and that sewage service will be discontinued.at the expiration of 15 days from the postmarking of such written notice referred to herein. That such "Sewage Deposit" will be forfeited and applied towards the balance due and service will be discontinued in accordance with the terms of such notice. 6. That nothing in this ordinance shall be construed to con- flict with the statutes of the State of Indiana, and that such is to be operational pursuant to lC 19-2-5-23 and IC 19-2-5-24 (Burns Indiana Statutes 48-4323 and 48-4324). Approved, adopted and enacted by the Board of Trustees of the Town of Carmel, Indiana, this //~--~ day of I!P~zJ~ , 1974.