Avon council adopts ordinance formalizing stormwater fee collection, including lien authority

The Avon Town Council on May 8 adopted Ordinance 2025-13 to codify the town’s stormwater collection policy and clarify methods for collecting unpaid stormwater fees and late charges.

The ordinance restates the authorities available under Indiana statute and places the policy into the town code so staff and the public can see how the town will pursue unpaid stormwater charges. Council members said the change is intended to give staff a firmer enforcement mechanism for outstanding balances.

Town staff explained the ordinance ‘‘essentially codif[ies] a policy for the stormwater board and the stormwater department to collect on unpaid stormwater fees or late fees,’’ and that the measure ‘‘for the most part is restating Indiana statute on what their powers are in terms of filing liens and collecting these fees.’’ Staff also said the stormwater board has the authority to pursue past-due fees and that implementation procedures are being developed to balance cost-effectiveness and enforcement.

Council members asked whether billing is now comprehensive and whether the policy would be applied to delinquent accounts that predate the new code entry. Staff said the town is billing those who should be billed and that the board has always had the power to collect outstanding fees; the ordinance itself is not retroactive but confirms that existing authority and supports staff moving forward with collections.

Council voted to approve the ordinance on final reading. The council and staff said they will work with the stormwater board to develop procedures for implementation, including use of liens where appropriate.

Less-critical implementation details — including specific timelines for mailing notices, thresholds for pursuing liens, and any fee schedules tied to enforcement costs — will be set in the procedures the board and staff are drafting.