CHAPTER 10. LIENS FOR RATES AND CHARGES

IC 36-11-10
    Chapter 10. Liens for Rates and Charges

IC 36-11-10-1
Lien for rates and charges
    Sec. 1. The rates and charges made, assessed, or established underthis article against:
        (1) a lot;
        (2) a parcel of land; or
        (3) a building;
that is served by the district are a lien against the lot, parcel of land,or building.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.

IC 36-11-10-2
Date lien attaches; precedence of lien; enforcement
    Sec. 2. Except as provided in section 5 of this chapter, a lienattaches on the date the rates and charges become sixty (60) daysdelinquent. The lien:
        (1) is superior to and takes precedence over all other liensexcept a lien for taxes; and
        (2) shall be enforced under this article.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.

IC 36-11-10-3
Penalty on delinquent rates and charges; civil action for recovery
    Sec. 3. If rates and charges are not paid within the time fixed bythe governing body, the rates and charges become delinquent, and apenalty of ten percent (10%) of the amount of the rates and chargesattaches to the rates and charges. The governing body may recover:
        (1) the amount due;
        (2) the penalty; and
        (3) reasonable attorney's fees;
in a civil action in the name of the district.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.

IC 36-11-10-4
Collection of rates, charges, and penalties
    Sec. 4. The rates and charges, together with the penalty, arecollectible in the manner provided by this article.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.

IC 36-11-10-5
No enforcement against subsequent owner unless lien recordedbefore conveyance; billing of rates and charges to seller
    Sec. 5. (a) A rate or charge is not enforceable as a lien against asubsequent owner of property unless the lien for the rate or chargewas recorded with the county recorder before the conveyance to thesubsequent owner.
    (b) If the property is conveyed before the lien can be filed, the

officer of the district who is charged with the collection of the rateor charge shall notify the person who owned the property at the timethe fee became payable. The notice must inform the person thatpayment, including penalty fees for delinquencies, is due not lessthan fifteen (15) days after the date of the notice. If payment is notreceived within one hundred eighty (180) days after the date of thenotice, the amount due may be expensed as a bad debt loss.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.

IC 36-11-10-6
Release of liens
    Sec. 6. (a) The district shall release:
        (1) liens filed with the county recorder after the recorded dateof conveyance of the property; and
        (2) delinquent fees incurred by the seller;
upon receipt of a verified demand in writing from the purchaser.
    (b) The demand must state the following:
        (1) That the delinquent fees were not incurred by the purchaseras a user, lessee, or previous owner.
        (2) That the purchaser has not been paid by the seller for thedelinquent fees.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.