Synopsis: Sewer liens. Requires the municipal officer responsible for collecting municipal
sewer fees to 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.
(This conference committee report restores HB 1243 to its April 4, 2003, printing by
removing language that: (1) requires a municipality to charge a deposit to ensure payment
of sewer fees; (2) limits the liability of a landowner for delinquent sewer fees incurred by
a tenant; and (3) voids certain liens recorded to enforce the collection of unpaid sewer fees
Effective: July 1, 2003.
Your Conference Committee appointed to confer with a like committee from the House upon Engrossed Senate Amendments to Engrossed House Bill No. 1243 respectfully reports that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and
that the House now concur in all Senate amendments to the bill and that
the bill be further amended as follows:
Delete everything after the enacting clause and insert the following:
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
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.
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
(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).
(Reference is to EHB 1243 as reprinted April 10, 2003.)
Representative Stevenson Senator Skillman
Representative Ayres Senator Dembowski
House Conferees Senate Conferees