§ 32.5-5. Billing and payment, interest, liens.

(a)

The utility fee is to be paid by the owner of each lot or parcel subject to the utility fee; provided, however, where a tenant or occupant is the person to whom water or sewer service, or both, are billed, the utility fee may be charged to such tenant or occupant. In any case in which a tenant or occupant fails to pay utility fees, the delinquent utility fees shall be collected from the owner of the property. All properties, except undeveloped property, shall be rendered bills or statements for stormwater services. Such bills or statements may be combined with water and sewer bills levied pursuant to Chapters 28 and 37, provided that all charges shall be separately stated. The combined bill shall be issued for one (1) total amount. The director of public utilities is hereby authorized and directed to create policies and procedures for the efficient billing and collection of the combined bill, including a policy for allocating payments to the separate charges stated on the combined bill.

(b)

The bills or statements shall include a date by which payment shall be due. All bills for charges prescribed by this article shall be due and payable thirty (30) days from the date of the bill and shall be deemed delinquent if not paid in full within such time.

(c)

Billing for the utility fee shall be rendered in arrears to all chargeable persons and shall represent charges for each day of the preceding billing period of stormwater service, and any unpaid balances and interest on an account.

(d)

Any bill which has not been paid by the due date shall be deemed delinquent, and the account shall be collected by any means available to the city. Notice to the owner shall be provided in every case when stormwater charges incurred by a tenant or occupant become more than ninety (90) days delinquent. All payments and interest due may be recovered by action at law or suit in equity. Unpaid fees and interest accrued shall constitute a lien against the property, ranking on a parity with liens for unpaid taxes. Records of all unpaid fees and interest, indexed by the name of the record owner of the real estate, shall be maintained in the city treasurer's office.

(e)

In the event charges are not paid when due, interest thereon shall commence on the due date and accrue at the rate of ten (10) percent per annum until such time as the overdue payment and interest is paid.

(f)

When developed properties are brought into the utility, fees will accrue commencing with the release of the final plumbing inspection for the property. In the absence of a plumbing inspection, utility fees will accrue commencing with release of the final building inspection for the property. A bill will be issued in the next billing cycle and will be prorated for the number of days in which service was provided.

(g)

In the event of alterations or additions to developed multifamily property or developed nonresidential property which alter the amount of impervious surface area, the utility fees will be adjusted upon release of the final plumbing inspection. In the absence of a plumbing inspection, utility fees will be adjusted upon release of the final building inspection. A bill will be issued in the next billing cycle and will be prorated for the number of days in which service was provided.

(Ord. No. 2195, 12-1-92; Ord. No. 2243, 6-22-93; Ord. No. 2445, 5-13-97; Ord. No. 2827, 6-8-04)

(Ord. No. 2195, 12-1-92; Ord. No. 2243, 6-22-93; Ord. No. 2445, 5-13-97; Ord. No. 2827, 6-8-04)