§ 70-189. Collection of fees.

(a)

The stormwater drainage utility fee shall be billed and collected with the monthly utility bill for those lots or parcels of land utilizing city utilities and billed and collected separately as stormwater management utility fees for those lots or parcels of land and owners hereof not utilizing other city utilities. All such bills for stormwater management utility fees shall be rendered monthly by the finance department and shall become due and payable in accordance with tine rules and regulations of the finance department pertaining to the collection of utility fees. The stormwater management utility fee is part of a consolidated statement for utility customers which is generally paid by a single payment. If a partial payment is received, the payment shall first be applied to garbage and trash, next applied to stormwater drainage, and finally applied to the water account.

(b)

Any charge due under this article which is not paid when due may be recovered in an action at law by the city. In addition to any other remedies or penalties provided by this article or any other ordinance of the city, failure of any user of city utilities within the city to pay such charges promptly, when due, shall subject such user to discontinuance of utility services. The director is hereby empowered and directed to enforce this section as to any and all delinquent users. The employees of the city shall, at all reasonable times, have access to any premises served by the city for inspection, repair or the enforcement of the provisions of this article.

(c)

All stormwater management utility fees assessed pursuant to this article shall be a lien upon the property to which such fee is associated from the date the fee becomes due until such fee is paid. The owner of every building, premises, lot or house shall be obligated to pay the fee for all service provided for his premises, which obligation may be enforced by the city by action or law or suit to enforce the lien in the same manner as the foreclosure of mortgages. In the event of such action, the city shall be entitled to recover all court costs and reasonable attorney fees for such collection. In the case that a tenant in possession of any premises or buildings shall pay the charges, it shall relieve the landowner from such obligation and lien, but the city shall not be required to look to any person whatsoever other than the owner for the payment of such charges. No changes of ownership or occupation shall affect the application of this article, and the failure of any owner to learn that he purchased property against which a lien for stormwater management utility fees exists shall in no way affect his responsibility for such payment.

(Ord. No. 2001-15, § 1(21-78), 8-28-2001)