Sec. 5. (a) If it appears that the assessment of benefits is insufficient to complete the work and pay expenses in connection with the work, the superintendent of construction may file a petition asking the court for an additional assessment. Five (5) days notice of the filing of the petition shall be given to each person assessed for the work or to the attorney of record of the person. The notice shall be given and served in the same manner as the notice of filing of the original petition.
(b) On or before the expiration of the five (5) days notice, an interested person may file an answer or objection to the petition.
(c) The court may:
(1) after:
(A) the expiration of the time; or
(B) hearing the answer or objection if an answer or objection is filed; and
(2) if satisfied of the necessity;
make an additional assessment on all land originally assessed as benefited and in proportion to the original assessment. The additional assessments, or as much of the additional assessments that are necessary, are first liens upon the land against which the additional assessments are assessed and shall be collected as provided for the original assessments.
[Pre-1995 Recodification Citation: 13-2-19.5-2(b).]
As added by P.L.1-1995, SEC.20.
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