Sec. 9. (a) An ordinance may be adopted to allow for the payment of a fee to the unit of government as a condition of filing a request under this chapter. The fee may not be an amount greater than is reasonably necessary to defray the expenses incurred in processing the request, conducting the investigation, and completing the assessment under this section. (b) A unit of government shall investigate and make a visual assessment limited to the following: (1) Determine whether the storm water nuisance exists. (2) Assess whether the removal of the storm water nuisance will: (A) remove the negative effect of the storm water nuisance from the land of a person making the request; and (B) cause unreasonable damage to the land on which the storm water nuisance is located. (3) Make any other observations that may be useful in solving an alleged storm water nuisance problem. (c) A unit of government, upon making the assessment under subsection (b), shall provide the following to a person that filed the request under section 8 of this chapter: (1) An oral or written report that may include: (A) a general description of the investigation and its findings; (B) whether the storm water nuisance exists; (C) the need for the removal of the storm water nuisance; (D) whether the removal of the storm water nuisance will: (i) remove the negative effect of the storm water nuisance from the land of a person that filed the request under section 8 of this chapter; and (ii) cause unreasonable damage to the land on which the storm water nuisance is located; and (E) any other considerations that may be useful in solving the storm water nuisance. (2) Information concerning alternative dispute resolution options. (d) A unit of government is not required to use funds to meet the requirements under this chapter. (e) Except under subpoena, a unit of government may not be compelled to testify in a legal proceeding related to its functions under this chapter. (f) For purposes of this chapter, the unit of government has a right of entry as provided by IC 36-9-27.4-25 . (g) An artificial conveyance or runoff that was constructed and that operates in compliance with a permit issued by a political subdivision is not subject to this chapter. IC 36-9-29 Chapter 29. Flood Control Districts in Certain Cities 36-9-29-1 Application of chapter 36-9-29-2 Construction or installation of flood control works; construction or elevation of highways and bridges 36-9-29-3 Declaratory resolution; adoption; contents 36-9-29-4 Petition to establish district; procedure 36-9-29-5 Court hearing; objections; judgment; dismissal; interlocutory order on boundaries; continued hearing 36-9-29-6 Special benefit district; territory included 36-9-29-7 Special taxing district for flood control purposes; special benefit tax 36-9-29-8 Board of commissioners; membership; oath; removal and appointment; compensation; meeting; quorum; powers and duties; conflict of interest 36-9-29-9 Executive secretary; compensation; bond; duties 36-9-29-10 District engineer; duties; compensation 36-9-29-11 Attorney; duties; compensation 36-9-29-12 Employees; compensation; duties 36-9-29-13 Employees; term of employment 36-9-29-14 County treasurer; duties 36-9-29-15 County auditor; duties 36-9-29-16 Federal aid; acceptance; conditions 36-9-29-17 Use of territory in connection with construction of flood control works; authorization 36-9-29-18 Plans and specifications; preparation, adoption, and filing; objections; hearing; judgment or decree 36-9-29-19 Acquisition of property; purchase, contract, or eminent domain 36-9-29-20 Contracts; letting procedure 36-9-29-21 Federal labor, material, machinery, and equipment; acceptance of offer; additional labor, material, machinery, and equipment 36-9-29-22 Loans for preliminary expenses; sale of warrants; advancement of funds 36-9-29-23 Bonds; issuance; amount; sale procedure 36-9-29-24 Bonds for replacement, enlargement, extension, or construction of additional works; costs exceeding amount available 36-9-29-25 Refunding bonds; issuance; payment 36-9-29-26 Bonds issued and their interest exempt from taxation 36-9-29-27 Validity of bonds issued 36-9-29-28 Flood control district construction fund 36-9-29-29 Acquisition of property; payment of costs according to terms of purchase or contract; payment of damages in condemnation; title 36-9-29-30 Special benefit tax levy to pay for bonds; flood control district bond fund 36-9-29-31 Special benefit tax levy to pay for cost of operation, maintenance, and repair of flood control works; presumption; flood control district maintenance fund; temporary loans 36-9-29-32 Emergency flood control district fund 36-9-29-33 Deposit of funds of flood control district 36-9-29-34 Warrants drawn for items approved by board; payments on bonds and interest coupons 36-9-29-35 Pending actions for filing further petitions and for making further orders 36-9-29-36 Jurisdiction of court 36-9-29-37 Supplementary proceedings to cure defects or irregularities; objections 36-9-29-38 Required proceedings and notices under this chapter
‹ Prev All Indiana sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.