Title 36, LOCAL GOVERNMENT

Sec. 5. (a) If an improvement is to be paid for in whole or in part by special assessments levied against the property to be benefited by the improvement, the works board must adopt and file an estimate of the cost of the public improvement. (b) The estimate may include all incid…

Sec. 50. (a) The bonds issued in anticipation of the collection of assessments are negotiable instruments and are free from all defenses by property owners. (b) It is not necessary that the bonds include language describing the actions taken in ordering the improvement or directi…

Sec. 51. (a) This section applies to a contractor that is entitled to enforce liens or assessments. (b) The contractor or the contractor's assignee may bring an action against a person who has defaulted in payment of an assessment to foreclose the lien established by the assessme…

Sec. 52. (a) The complaint for a foreclosure action under this chapter need not set forth the specific proceedings leading to the final assessment. However, the complaint must include the following information: (1) The date on which the contract for the improvement was finally le…

Sec. 53. (a) A defense to a foreclosure action may not be based on any of the following: (1) Any irregularity in the proceedings making, ordering, or directing the assessment. (2) The propriety or expediency of any improvement. (b) A property owner may not raise any defense to a …

Sec. 54. (a) In a foreclosure action brought under this chapter, the plaintiff is entitled to recover the amount of the assessment, principal and interest, and reasonable attorney's fees. The court shall order the sale to be made without relief from valuation or appraisement law.…

Sec. 55. (a) An irregularity or error in making a foreclosure sale under this chapter does not make the sale ineffective, unless the irregularity or error substantially prejudiced the property owner. (b) A property owner has two (2) years from the date of sale in which to redeem …

Sec. 56. (a) In a foreclosure action under this chapter, other than a foreclosure action in which the unit is the plaintiff, the plaintiff must do the following: (1) Name the officer who has custody of the improvement funds of the unit as a party defendant. (2) Name that officer …

Sec. 57. (a) The court costs and the attorney's fees allowed in foreclosure actions shall be paid directly to the clerk of the court to satisfy that part of a judgment. The remainder of the judgment shall be paid directly to the disbursing officer for the benefit of the special i…

disbursing officer; certification to disbursing officer of dismissals and sheriff's sales Sec. 58. (a) In every foreclosure action under this chapter, other than a foreclosure action in which the unit is the plaintiff, the plaintiff must forward to the disbursing officer a copy o…

Sec. 59. The following apply while a foreclosure action is pending: (1) The assessment may not be certified for collection. (2) Bills or statements for payments may not be given to anyone except the plaintiff or the plaintiff's attorney of record. As added by P.L.98-1993, SEC.7.…

Sec. 6. (a) The incidental, inspection, and engineering costs that are authorized by the preliminary resolution and included in the estimate may be added to the cost of an improvement and included in the assessment roll in the aggregate amount to be apportioned and assessed again…

Sec. 60. (a) A statement showing the amount of the reduction of the installments shall be certified to the disbursing officer if: (1) the property is sold by the sheriff under this chapter and the money collected is insufficient to pay the principal and interest in full; or (2) a…

Sec. 61. (a) A person who disposes of the proceeds of foreclosure litigation in a way other than as provided by this chapter is considered to be a receiver for those entitled to the proceeds. (b) In such instances the statute of limitations does not apply. As added by P.L.98-1993…

Sec. 62. (a) A difference between the total assessments for an improvement and the contract price of the improvement shall be paid by the unit. (b) The unit's part of the cost of an improvement shall, if possible, be paid from the general fund of the unit. If payment from the uni…

Sec. 63. (a) The certificates of indebtedness issued under section 62 of this chapter must be authorized by a resolution adopted by the works board and shall be signed by the following: (1) The county auditor, for an improvement by a county. (2) The municipal executive and fiscal…

Sec. 64. (a) For the purpose of raising money for the payment of certificates of indebtedness issued under section 62 of this chapter (or under IC 36-9-18 before its repeal in 1993) the fiscal body of the unit may do any of the following: (1) Levy a special tax on all property in…

Sec. 65. (a) This section applies only to municipalities. (b) In addition to issuing bonds and certificates of indebtedness under section 62 of this chapter, a unit may pay the unit's part of the cost of an improvement from a fund raised by special assessments against all of the …

Sec. 66. If a defect or an irregularity results in the invalidity of a contract, an assessment, or a lien under this chapter, the defect or irregularity shall be corrected by supplementary proceedings that substantially comply with this chapter. As added by P.L.98-1993, SEC.7.

Sec. 67. (a) This section applies only to municipalities. (b) As an additional method of making surface improvements on public ways, the works board may do the following: (1) Make the improvements with the municipality's materials and employees. (2) Assess the cost of the improve…

Sec. 7. The following applies if the preliminary resolution provides for the inclusion and assessment of incidental, inspection, and engineering costs: (1) The works board shall include in a contract for an improvement a provision that requires all incidental, inspection, and eng…

Sec. 8. (a) Notice of a hearing on the preliminary resolution shall be published in accordance with IC 5-3-1. The notice must state that the works board has adopted the preliminary resolution and the time and place at which the works board will do the following: (1) Hear all inte…

Sec. 9. (a) At least ten (10) days before the date fixed for a hearing under section 8 of this chapter, the engineer of the unit shall file with the works board an estimate of the maximum cost of the improvement proposed by the works board. (b) The estimate must include the follo…

Sec. 9.5. (a) With respect to assessments imposed after June 30, 2001, the works board shall establish a procedure to permit owners of real property in the unit to elect whether to pay assessments in: (1) ten (10), twenty (20), or thirty (30) annual installments; or (2) a number …