§ 78-209. Collection of fees.

(a)

The stormwater management utility fee shall be billed and collected with the monthly utility bill for those lots and parcels of developed property utilizing city utilities and billed and collected separately as stormwater management utility fees for those lots and parcels of property and owners thereof 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 the 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 management, next applied to sewer, and finally applied to the water account.

(b)

Any charge due under this article which shall not be paid when due shall bear all approved monthly service charges as permitted by law and by city ordinance and may be recovered in an action at law by the city. The delinquent account shall be responsible for all costs of collection, to include reasonable attorneys' fees, whether or not suit is necessary. In addition to any other remedies or penalties against any user of and those who benefit from city utilities within the city, failure of the user or property owner to pay such charges promptly when due shall subject such user and property owner to discontinuance of utility services, and the city manager is empowered and directed to enforce this subsection as to any and all delinquent users. To the extent the utility fee is not timely paid, it shall constitute a lien on all real and personal property owned by the owner, tenant and occupant of the property to the extent such lien is not prohibited by law. The lien may be foreclosed by the city in order to collect the utility fee and fees and costs associated with the collection thereof.

(c)

The utility fee prescribed in this section shall constitute a debt to the city for which the owner, tenant and occupant shall be jointly and severally liable. The records of the city shall be kept open for the inspection by the owner, tenant, and occupant, and it shall be the responsibility of each to ascertain that the prescribed fees are being paid. However, the city shall not be required to look to any person other than the landowner for the payment of stormwater management utility charges and fees.

(Code 1988, § 25-29)