Title 36, LOCAL GOVERNMENT

Sec. 22. (a) If the works board finally orders an improvement, the works board shall advertise for bids for the work as required by IC 36-1-12. (b) The advertisement must state the following: (1) That on the date named, the unit will receive bids for the improvement according to …

Sec. 23. (a) If the works board finally orders an improvement and has advertised for bids, the works board shall require each bidder to deposit with the bidder's bid, at the bidder's option, either a bid bond or a certified check to ensure the execution of the contract. (b) The b…

Sec. 24. (a) The contract for an improvement must be for the entire improvement. (b) After the execution of a contract for an improvement, the validity of the contract may be questioned only in an action to enjoin the performance of the contract. This action must be brought: (1) …

Sec. 25. (a) A contractor for an improvement must guarantee the contractor's workmanship and all materials used in the work. (b) The guarantee required under subsection (a) must be in the following form: "The contractor warrants the contractor's workmanship and all materials used…

Sec. 26. (a) If repairs become necessary, the unit must give written notice to the contractor to make the repairs. If the contractor fails to begin the repairs not later than thirty (30) days after the notice is received, the unit may do the following: (1) Make the repairs using …

Sec. 27. (a) A contractor for an improvement is entitled to monthly estimates of the work done during each month. The estimates shall be made by the engineer of the unit and approved by the works board. (b) The works board shall issue to the contractor certificates for eighty-fiv…

Sec. 28. (a) An improvement that is completed according to contract must be accepted by the works board. (b) Upon the completion of an improvement according to contract, the cost of the improvement shall be estimated according to the entire length of the improvement. As added by …

Sec. 29. (a) The total cost of an improvement as determined under section 28(b) of this chapter, except for one-half (1/2) of the cost of street and alley intersections, shall be assessed on the abutting land or lots in the manner prescribed by this chapter. (b) The remaining one…

Sec. 3. (a) The following apply to improvements made under this chapter by a county: (1) An improvement may be made only in unincorporated areas that contain residential or business buildings. (2) An improvement may not be made on a tract of land that: (A) consists of at least te…

Sec. 30. (a) Lots, parcels, and tracts of land bordering on an improvement shall be assessed on the basis set forth in this chapter, without regard to the depth of the lots, parcels, or tracts back from the front line of the improvement. (b) After the final hearing before the wor…

Sec. 31. (a) As soon as a contract for an improvement has been completed, the works board shall have an assessment roll prepared for the property abutting on and adjacent to the improvement. The property abutting on and adjacent to the improvement is liable to assessment under th…

Sec. 32. (a) The following apply to the assessment indicated against each lot, tract, or parcel of land on the assessment roll: (1) The assessment is presumed to be the special benefit to the lot, parcel, or tract of land. (2) The assessment is the final and conclusive assessment…

Sec. 33. (a) On the date fixed under section 32 of this chapter, the works board shall receive and hear all remonstrances from the owners of property described in the notice or the representatives of the owners. (b) After the hearing, the works board shall sustain or modify the p…

Sec. 34. (a) The works board shall complete the assessment roll and render the works board's decision by modifying or confirming the roll. The assessment roll shall show the total amount of special benefits opposite each name and a description of the property on the roll. When co…

Sec. 35. (a) The works board shall deliver a certified copy of the assessment roll completed under section 34 of this chapter to the disbursing officer of the unit after the works board: (1) approves and accepts the entire work under any contract; and (2) allows a final estimate.…

Sec. 36. (a) Upon receipt of the primary assessment roll, the disbursing officer shall by mail notify each affected person of the amount of the assessment against the person's property. (b) The notice must state when the assessment is due, or when the assessment installments are …

Sec. 37. (a) Except as provided in section 38 of this chapter, the entire assessment is payable in cash without interest not later than thirty (30) days after the approval of the assessment roll by the works board if an agreement has not been signed and filed under section 36 of …

Sec. 38. (a) If a property owner appeals the assessment made against the owner's property to the circuit court or superior court, the clerk of the court shall certify the judgment of the court to the unit's disbursing officer. The disbursing officer shall immediately notify the p…

Sec. 39. The following applies to any part of the assessment that the court orders to be assessed against the unit: (1) The assessment bears interest: (A) from the date of the final acceptance of the work; and (B) at a specified rate per year that is not less than the interest ra…

Sec. 4. (a) If the works board of a unit wants to make an improvement under this chapter, the works board must first do the following: (1) Adopt a preliminary resolution for the improvement. (2) Adopt and place on file cross-sections, general plans, and specifications for the wor…

Sec. 40. (a) The unit has a lien against each parcel of real property that is assessed for: (1) the construction, maintenance, or repair of an improvement; or (2) the taking of lands for any purpose of the unit. (b) The lien is established when the assessments are certified to th…

Sec. 41. (a) The disbursing officer of the unit shall do the following: (1) Receive the payment of assessment installments. (2) Keep all accounts and give proper vouchers for the payment of assessment installments. (b) Proceeds arising from assessments for the payment of a partic…

Sec. 42. If a bond owner receives a payment of interest or principal, or both, that was to have been collected under this chapter (or under IC 36-9-18 before its repeal in 1993) by the fiscal officer of a unit, the bond owner shall notify the fiscal officer of the payment. As add…

Sec. 43. (a) Failure to pay an installment of principal or interest when the installment is due makes all installments of principal yet unpaid due and payable immediately, unless the unpaid installment of principal or interest is paid within the grace period provided. (b) If the …

Sec. 44. (a) The works board may issue bonds in anticipation of the collection of the assessments for an improvement. Except as provided in subsections (b) and (c), the bonds shall be issued and sold in the manner prescribed for other bonds of the unit. A unit issuing bonds under…

Sec. 45. (a) This section applies only to municipalities. (b) Bonds issued in anticipation of the collection of assessments for an improvement must bear the date of the completion of the improvement under the contract and the acceptance of the improvement by the works board. The …

Sec. 46. (a) The works board may provide in the preliminary resolution that the bonds issued in anticipation of the collection of the assessments shall be issued so as to mature not less than ten (10) years and not more than thirty (30) years from the date of issuance. (b) The in…

Sec. 47. (a) Bonds issued in anticipation of the collection of assessments convey and transfer to the owner of the bonds all interests in the assessments and liens upon the respective lots or parcels of land. (b) The liens stand as security for the bonds and interest until the bo…

Sec. 48. (a) Except as provided in subsection (b), sales to satisfy the bonds and interest shall be made as provided in this chapter for sales upon judgments or decrees foreclosing liens for assessments levied for improvements. (b) The first bondholder who brings a foreclosure ac…

Sec. 49. (a) The property upon which the assessment is placed may not be sold for less than the amount of the assessment, attorney's fees, and costs. The proceeds of the sale shall be distributed as provided in this chapter. (b) If the property sells for an amount greater than th…

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…