Ordinance Authorizing the Assessment of a Reasonable Penalty For Failure To Connect to the Star City Regional Sewer District Wastewater System

An Ordinance Authorizing the Assessment of a Reasonable Penalty

For Failure To Connect to the Star City Regional Sewer District

Wastewater System

Ordinance No. 1 of 2016

WHEREAS, the Star City Regional Sewer District (the “District”) is a Regional Sewer District, organized in accordance with the provisions of Ind. Code § 13-26 et seq., for the purposes of providing for the collection, treatment, and disposal of solid waste and refuse inside and outside of the district (collectively referred to as the “Services), as well as all other acts amendatory thereof and supplemental thereto; and

WHEREAS, the District has experienced problems with residents of the District not connecting to the Star City Regional Sewer District’s collection system (the “System”) as required under Ind. Code § 13-26 et seq, excepting therefrom residents of the District who properly petitioned for an exemption from connection pursuant to Ind. Code § 13-26-5-2.5 and § 13-26-5-2.6, or any other duly enacted statute under the Indiana Code authorizing such an exemption; and

WHEREAS, it is the desire of the Board of Trustees of the Star City Regional Sewer District (the “Board”), in the interests of fiscal responsibility, to charge a reasonable penalty for failure to connect to the System; and

WHEREAS, Ind. Code§ 13-26-5-2(9) authorizes the Board to levy a penalty fee for failure to connect to the System.

NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Star City Regional Sewer District, that the following Ordinance Authorizing the Assessment of a Reasonable Penalty For Failure to Connect to the Star City Regional Sewer District Wastewater System:

Section I.

Failure to Connect

1. Fee. Any resident of the District who is required to connect to the System, but fails to do so, may be assessed a penalty fee, not to exceed One Hundred Dollars ($1 00.00), for each day he or she is not connected to the System.

2. Petition. In addition to the remedy provided in Section I, Subsection 1, of this Ordinance, the Board or its designated representative or agent, may petition the circuit or superior court of Pulaski County for an order to force connection, with the cost of the action, including reasonable attorney’s fees of the District, to be assessed by the court against the property owner in the action.

3. Authority. Such power is expressly reserved to the Board under the applicable Indiana Code § 13-26-5-2(9). The Board retains sole and absolute discretion as to its enforcement mechanism, provided that such enforcement action is in accordance with the applicable Indiana law.

Section II.

Effective Date

This Ordinance shall become effective thirty (30) days after notice of the adoption shall have been published in a paper as described in Indiana Code§ 5-3-1-4.

PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE STAR CITY REGIONAL SEWER DISTRICT, THIS 25th DAY OF APRIL, 2016. 

THE BOARD OF TRUSTEES OF THE STAR CITY REGIONAL SEWER DISTRICT

Walter Craig, President; Mary Craig, Member; Waylon Burke, Member; George Klein, Member

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