2014 Indiana Code TITLE 13. ENVIRONMENT ARTICLE 26. REGIONAL WATER, SEWAGE, AND SOLID WASTE DISTRICTS CHAPTER 14. FORECLOSURE OF LIENS
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IC 13-26-14
Chapter 14. Foreclosure of Liens
IC 13-26-14-1
Additional or alternative remedy for collection of rates or charges
Sec. 1. A district may, as an additional or alternative remedy,
foreclose a lien established by this article as a means of collection of
rates or charges, including the penalty on the rates or charges.
As added by P.L.1-1996, SEC.16.
IC 13-26-14-2
Recovery by district
Sec. 2. (a) In all actions brought to foreclose the liens, the district
is entitled to recover the following:
(1) The amount of the rates or charges.
(2) The penalty on the rates or charges.
(3) A reasonable attorney's fee.
(b) The court shall order that the sale be made without relief from
valuation or appraisement statutes.
As added by P.L.1-1996, SEC.16.
IC 13-26-14-3
Applicability of other rights and laws
Sec. 3. Except as otherwise provided by this article, in all actions
to foreclose the liens:
(1) the laws concerning municipal public improvement
assessments; and
(2) the rights, remedies, procedure, and relief granted the parties
to the action;
apply.
As added by P.L.1-1996, SEC.16.
IC 13-26-14-4
Liens for unpaid rates, fees, or charges
Sec. 4. Rates, fees, or charges made, assessed, or established by
the district are a lien, in the same manner established under
IC 36-9-23 for municipal sewage works, on a lot, parcel of land, or
building that is connected with or uses the works of the district. Liens
under this chapter:
(1) attach;
(2) are recorded;
(3) are subject to the same penalties, interest, and reasonable
attorney's fees on recovery; and
(4) shall be collected and enforced;
in substantially the same manner as provided in IC 36-9-23-31
through IC 36-9-23-34. A lien under this chapter that is the only lien
on a property may not be foreclosed.
As added by P.L.131-2005, SEC.4. Amended by P.L.71-2011, SEC.3;
P.L.97-2012, SEC.15.
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