Sec. 31. (a) At or before the completion of the assessment roll, the municipal works board may do either of the following:

(1) Adopt a schedule of fees for the use of an improvement.

(2) Determine that the use of the improvement will be free.

     (b) Fees established under subsection (a) may be reduced, eliminated, increased, or added to by the works board without a hearing, but only to reflect increased or decreased costs of operation and maintenance.

     (c) Any other changes in the fees established shall be made only after a hearing for that purpose is petitioned for by the owners of property originally assessed for at least ten percent (10%) of the cost of the improvement.

     (d) If a petition is filed with the works board under subsection (c), notice of a hearing shall be given to all owners of property in the improvement district. The notice may be mailed to the owners at the owners’ names and addresses appearing in the records of the official charged with the duty of collecting the assessments. The notice must:

(1) state the date, time, place, and purpose of the hearing; and

(2) be addressed and mailed at least ten (10) days before the date of the hearing.

     (e) The works board may not alter the fees at the hearing if the owners of property originally assessed for more than fifty percent (50%) of the total assessments object to the proposed change.

As added by P.L.98-1993, SEC.9.