SOLID WASTE DISPOSAL USER FEE

Indianapolis-Marion County Revised Code tit. I, ch. 131, art. IV, div. 1

in effect

Indianapolis-Marion County Revised Code § 131-411 Imposed.

Sec. 131-411. - Imposed. Effective October 1, 1989, there is hereby imposed a solid waste disposal user fee payable to the department of public works upon the owners of each residential and individual apartment unit within the solid waste disposal special taxing district. For the purpose of this section, an owner of real property which is of a mixed residential and commercial nature shall be subject to the user fee if such property generates solid waste characteristic of residential solid waste and receives collection services provided by the city. Federal, state and local governmental agencies, not-for-profit corporations and associations shall be subject to the user fee if such organization meets the criteria set forth in this section. (Code 1975, § 13-301)

Indianapolis-Marion County Revised Code § 131-412 Basis for fee.

Sec. 131-412. - Basis for fee. The user fee shall be used to pay the costs of facilities for waste disposal, the operation and maintenance of the disposal facility and costs incurred under put or pay contracts as set forth in IC 36-9-31-8(h). The user fee is based upon the costs of disposal and hauling one and one-half (1½) tons of refuse per residential and individual apartment unit per year. (Code 1975, § 13-302)

Indianapolis-Marion County Revised Code § 131-413 User fee schedule.

Sec. 131-413. - User fee schedule. (a) The following schedule shall be in effect from October 1, 1989. The solid waste disposal user fee shall be billed semiannually. The owner of each unit shall pay a solid waste disposal user fee of sixteen dollars ($16.00) semiannually, amounting to thirty-two dollars ($32.00) per year. In addition to the user fee, a one-time administrative charge of three dollars ($3.00) per unit shall be assessed against all owners to defray administrative costs. The administrative charge shall be payable with the initial installment. (b) (1) ;hg; The initial installment shall be billed by the department of public works prior to the provision of collection services on January 1, 1990. (2) The initial installment shall be due and payable upon issuance, and payment shall be the obligation of the owner of the real property charged. The initial installment shall become delinquent if not paid in full within thirty (30) days of the billing date. (3) Delinquent bills are subject to a ten (10) percent penalty of the amount of the delinquent user fees, including the one-time administrative charge. All bills which become delinquent shall constitute a lien against the real property against which the user fees have been imposed. The department shall certify such liens to the auditor in accordance with IC 36-3-7-5. (4) The department shall certify such delinquent user fees on or before February 28, 1990, unless otherwise agreed by the auditor and the department, to the auditor. The treasurer shall collect such delinquent user fees in the same manner as property taxes are collected. (c) The second and subsequent installments of the user fee shall appear on the semiannual property tax statement as provided by IC 36-9-31-8(c). On or before February 28 of the year the user fees are due, unless otherwise agreed by the auditor and the department, the department shall certify such current user fees to the auditor. The treasurer shall collect such current user fees in the same manner as property taxes are collected. (d) (1) Whenever a unit does not appear on the assessment rolls, whether due to a new construction or to error, and such unit has either been connected to the sanitary sewer system or has begun generating residential solid waste, whichever occurs first, the owner of such unit shall be subject to the imposition of the solid waste disposal user fee. (2) Until the department certifies the user fees to the auditor as provided below in subsection (d)(7), the department shall bill the owner of such property. (3) The one-time administrative charge described above in subsection (a) shall not apply to owners under this subsection (d). (4) The department shall bill such owners for semiannual installments of the user fee according to the following example: User Fee Payable | For Service Provided May 1990 | July 1990 through December 1990 November 1990 | January 1991 through June 1991 May 1991 | July 1991 through December 1991 November 1991 | January 1992 through June 1992 May 1992 | July 1992 through December 1992 November 1992 | January 1993 through June 1993 May 1993 | July 1993 through December 1993 November 1993 | January 1994 through June 1994 For units receiving service for part of a billing cycle, the department shall prorate the user fee on a monthly basis. Such billing shall reflect the current user fee as well as any amount due for past service provided but unbilled in previous billing cycles due to new construction or erroneous omission of units. (5) Each installment shall be due and payable upon issuance, and payment shall be the obligation of the owner of the real property charged. Each installment shall become delinquent if not paid in full within seventeen (17) days of the billing date. (6) Each delinquent installment is subject to a ten (10) percent penalty on the amount of delinquent user fees. Each installment which becomes delinquent shall constitute a lien against the real property against which the user fees have been imposed. The department shall certify such liens to the auditor in accordance with IC 36-3-7-5. (7) On or before February 28 each year, the department shall certify the current user fees and the delinquent user fees, if any, attributable to the owner of newly constructed or erroneously omitted units, to the auditor. The treasurer shall collect such current and delinquent user fees in the same manner as property taxes are collected. All subsequent installments of the user fee shall appear on the semiannual property tax statement as provided by IC 36-9-31-8(c). (Code 1975, § 13-303)

Indianapolis-Marion County Revised Code § 131-414 Special agreements.

Sec. 131-414. - Special agreements. Special agreements and arrangements between the department and any person may be established when, in the opinion of the director, it is in the department's interest to extend disposal services to persons other than residential and apartment units. In these instances, the solid waste disposal user fee shall be determined on an individual basis using the criteria set forth in IC 36-9-31-8(b) and approved by the board of public works. Before any fee approved by the board may take effect, the city-county council must by ordinance approve, reject or modify the fee. (Code 1975, § 13-304; G.O. 15, 2001, § 4)

Indianapolis-Marion County Revised Code § 131-415 Adjustments to user fees.

Sec. 131-415. - Adjustments to user fees. (a) Any person subject to this article may petition the director of the department of public works for an adjustment of the user fee assessed against him, provided: (1) That the petitioner has paid the disputed user fees in full; and (2) That the petitioner has good cause to believe such user fees were erroneously assessed against him; and (3) That the director has received written notice of appeal within six (6) months of the petitioner's receipt of the bill for the disputed user fees; and (4) That the director has received within six (6) months of the petitioner's receipt of the bill a brief statement of fact demonstrating the petitioner's right to an adjustment of the user fees. (b) (1) The director shall appoint an account review officer (ARO) to review such petitions and to recommend action to be taken on such petitions. The ARO shall consider the petitioner's statement of fact, as well as any other relevant and material evidence available, in determining whether the petitioner is entitled to an adjustment. (2) The ARO shall notify the petitioner of the recommendation for action to be taken on the petition. The petitioner may request a hearing to contest the recommendation, provided the petitioner makes a written request for a hearing to the ARO within fifteen (15) days of the petitioner's receipt of the notification of recommendation. (3) An informal hearing before the ARO shall be held within fifteen (15) days of the ARO's receipt of request for hearing. The petitioner may present any evidence that is, in the ARO's view, relevant and material to the dispute. (4) Based on the petitioner's statement of fact, evidence presented at the hearing, and any other relevant and material evidence available, the ARO shall issue a recommendation to the director of the action to be taken on the petition for adjustment. (c) The director shall issue a final determination denying, modifying, or granting the petition for adjustment within one hundred twenty (120) days of the director's receipt of the petition for adjustment. If the director fails to issue a final determination within one hundred twenty (120) days, the petition shall be considered denied. (d) The petitioner may appeal the director's final determination to the board of public works, provided that the board has received written notice of appeal within thirty (30) days of the petitioner's receipt of the director's final determination. (e) The board shall notify the petitioner of the time and place of a hearing on petitioner's appeal. The petitioner shall have the burden of proving that the disputed user fees were erroneously assessed. (f) The board shall consider any relevant and material evidence available in determining whether the petitioner is entitled to an adjustment. (g) The board may grant, deny or modify the petition for adjustment as it deems necessary. Upon finding that the disputed user fees were erroneously assessed, the board shall make adjustments in the disputed user fees. The board may, in its sole discretion, make such adjustments in the form of a refund or a credit against subsequent assessments of the user fees provided for in this article. (Code 1975, § 13-305; G.O. 15, 2001, § 4)

Indianapolis-Marion County Revised Code § 131-416 Multifamily residence refunds/credits.

Sec. 131-416. - Multifamily residence refunds/credits. (a) Notwithstanding section 131-501, an owner of a multifamily residence shall be entitled to a refund of five-sixths (⅚) of the November 1994 installment of the solid waste disposal user fee, upon verification of payment. (b) Notwithstanding section 131-501, the director of the department of public works shall issue to an owner of a multifamily residence either a full refund of the May 1995 installment of the solid waste disposal user fee or a credit in the amount of the May 1995 installment of the solid waste disposal user fee, which may be used by the hauler of the owner's choice to satisfy tipping fee charges at Resource Recovery. The issuance of a refund or a credit shall be subject to verification of payment. (Code 1975, § 13-306)

Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIORAD_CH131FE_ARTIVSPTADIFE_DIV1SOWADIUSFEFetched: 10/27/2026