A.    Assessment Charge. Each applicant for sewage service hereafter who shall be connected to a sewer primary main or secondary main of the sewage works, shall be required to pay the sewage works an assessment charge equal to thirteen dollars and ten cents per lineal foot of the applicant's lot or land abutting thereon. The provisions of this subsection shall not apply however, to the following:

    1.    Applicants whose lot or land is served by a donated sewer main extension;

    2.    Applicants for service for lots or parcels of land which have already been assessed under Barrett Law proceedings or assessed and paid under board of works proceedings for a local sewer adjacent to their property;

    3.    Applicants served by lots which were the subject of an agreement dated before the effective date of the ordinance codified in this section providing for a deposit and subsequent refund.

    B.    If no part, or an unusual part, in the judgment of the sewer works, of the applicant's lot or land shall abut said sewer primary main or secondary main, such applicant shall be required to pay the sewage works an assessment charge as shall be determined to be fair and equitable in the sole judgment of the sewage works.

    C.    Such assessment charge described above shall be in addition to the service rates and charges established for sewer service.

    D.    Payment of Assessment Charge. Such assessment charge shall be paid in full before construction of such sewer primary main or secondary main is commenced, if such construction shall be required to provide such sewer service, and before sewer service will be furnished by the sewage works except as follows:

    If the property owner shall make application to the sewage works for a residential service account, then at the time application for such service is made, or on or before the date such property owner shall be required to connect to the sewer system of the sewage works, the sewage works may permit such assessment charge, with interest as herein provided, to be paid in a maximum of one hundred twenty equal, consecutive monthly payments, which include principal and interest, commencing before connection is made. Interest is to be computed monthly, upon the principal sum unpaid at the beginning of each monthly period. The rate of interest is to be that rate in effect at the time of application, as established by the utility service board from time to time. Prepayments, in whole or in part, shall be permitted without penalty. The deferred payments on such assessment charge shall be evidenced by a promissory note.

    E.    Such assessment charge shall not be refunded to the applicant.

    F.    Penalty for Unlawful Connections. It is unlawful for anyone to make connection to a sewage works's primary line or secondary line without first making application for connection and complying with the provisions of this section. Violators shall be subject to a penalty of twice their assessment charge plus twice the minimum monthly sewage rate for the period involved. Anyone using the services of the sewage works and not paying for such services, or not reporting the use of such services, as of the effective date of the ordinance codified in this section, shall be subject to a penalty of twice the assessment charge plus twice the minimum monthly sewage rate for the period from the date of said ordinance.

    G.    State Board of Health. All sewer main extensions, whether made by the sewage works or by developers who subsequently donate such sewer mains to the sewage works, shall be constructed and installed in accordance with the rules and regulations of the Indiana State Board of Health and all other necessary regulatory bodies and must be approved by such bodies. (Ord. 89-72 § 1, 1989)