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.

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Terms Used In Indiana Code 36-9-28.7-9

  • artificial conveyance: means a manmade structure in or into which storm water runoff or floodwaters flow, either continuously or intermittently. See Indiana Code 36-9-28.7-1
  • runoff: means the part of precipitation that flows from a drainage area on the land surface, in open channels, or in storm water conveyance systems. See Indiana Code 36-9-28.7-3
  • storm water nuisance: means a condition:

    Indiana Code 36-9-28.7-5

  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • unit of government: means :

    Indiana Code 36-9-28.7-7

     (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.

As added by P.L.125-2011, SEC.3.

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