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A. Imposition of Expenses:
1. The Stormwater Enterprise Manager shall keep an itemized account of the expenses incurred by Stormwater Enterprise in correction of any nuisance to the public health, safety, and welfare pursuant to this Part 7.5.10. The Stormwater Enterprise Manager shall then bill the property owner for all costs incurred by Stormwater Enterprise.
2. Service of the bill shall be made either personally or by mailing a copy of the bill by certified mail, postage prepaid, return receipt requested, to each property owner at their address as it appears on the tax records of the County or as known to the Stormwater Enterprise Manager.
3. If full payment is not received within thirty (30) days of receipt of bill (or thirty (30) days from mailing if no return receipt received), the Stormwater Enterprise Manager shall ask the City Clerk to schedule a hearing before City Council on charges to be made against the property owner or the property.
B. Setting of Hearing: The Stormwater Enterprise Manager shall fix the time, date, and place for hearing the charges as billed by the Stormwater Enterprise Manager, and any protests or objections to the charges. The Stormwater Enterprise Manager shall cause notice of the hearing to be served by certified mail, postage prepaid, return receipt requested, addressed to the property owner as their name appears on the tax records of the County Assessor, if such so appears, or as known to the Stormwater Enterprise Manager. Notice shall be given at least ten (10) days prior to the date set for the hearing, and shall specify the day, hour, and place when City Council will hear and pass upon the charges billed by the Stormwater Enterprise Manager, together with any objections or protests that may be filed in accord with Subsection C below.
C. Protests and Objections: Any property owner affected by the proposed charge may file written protests or objections with the Stormwater Enterprise Manager. The protest or objection must be received by the Stormwater Enterprise Manager at least the day before the hearing. Each protest or objection must contain a description of the property and the grounds of the protest or objection. The Stormwater Enterprise Manager shall endorse on every protest or objection the date it was received and shall present the protest or objections to the City Council at the time set for the hearing. No other protests or objections shall be considered.
D. Hearing and Decision:
1. Upon the day and hour fixed for the hearing, the City Council shall hear and pass upon the charges as billed by the Stormwater Enterprise Manager together with any objections or protests. The Council may make revisions, corrections, and modifications to the charges it may deem just. The decision of the City Council on the charges, and on all protests or objections shall be final and conclusive.
2. The City Council may order that a charge be made a personal obligation of the property owner or assess the charge against the property involved:
a. If the City Council orders that the charge be a personal obligation of the property owner, it shall direct the City Attorney to collect the same on behalf of the Stormwater Enterprise by use of all appropriate legal remedies.
b. If the City Council orders that the charge be assessed against the property, it shall confirm the assessment roll, and the assessment shall then constitute a special assessment against the property and shall be collected in the same manner as any other special assessment of the City.
E. Post-Decision Actions and Limitations:
1. The validity of any assessment made pursuant to this Part 7.5.10 shall not be contested in any action or proceeding unless the contest is commenced within thirty (30) days after the assessment is placed upon the assessment roll. Any appeal from a final judgment in such action or proceeding must be perfected within thirty (30) days after entry of the judgment.
2. Immediately upon being placed on the assessment roll, the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the lots or parcels of land assessed, respectively. The liens shall be subordinate to all existing special assessment liens previously imposed upon the same property, and shall be paramount to all other liens except for State, County and municipal liens with which it shall be at parity. The liens shall continue until the assessment and all interest due and payable are paid.
3. All assessments remaining unpaid after thirty (30) days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate of one (1) percent per month from and after the date.
4. After confirmation of the report, certified copies of the assessment shall be given to the County Treasurer on or before October 15.
5. The amount of the assessment shall be collected at the same time and in the same manner as general taxes are collected; and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for general municipal taxes. All laws applicable to the levy, collection, and enforcement of general municipal taxes shall be applicable to the assessment.
6. All money received by payment of the charge or assessment or from the sale of property at foreclosure sale shall be paid to the Chief Financial Officer who shall credit the same to the Stormwater Enterprise. (Ord. 23-03)
A. Liability of Others: Any person who engages in construction activities is declared to be totally responsible to those persons who may have been endangered or, in fact, is endangered, as a result of not having or not following a GEC Plan, CSWMP, or PCM Plan or following an incorrect GEC Plan, CSWMP, or PCM Plan.
B. Liability of Drainage Board Members: The Public Works Director acting for the City in good faith and without malice for the City in the discharge of their duties, shall not hereby render themselves personally liable, and they are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required, or by reason of any act or omission related to the discharge of their duties. Any suit brought against the Public Works Director due to an act or omission performed by them in the discharge of their duties, shall be defended by the City to the final termination of the proceedings. (Ord. 23-03)
A. Maintenance and Repair by City: If maintenance activities are not completed in a timely manner or as specified in the approved plan or if there exists an immediate danger to public health or safety as a result of the permanent control measure, the Stormwater Enterprise Manager, other Stormwater Enterprise staff under the direction of the Stormwater Enterprise Manager, or a contractor engaged by the Stormwater Enterprise Manager may enter upon the subject private or public property and complete the necessary maintenance and/or repair at the owner's expense.
B. Notice of Deficiency: If deficiencies with maintenance of permanent stormwater measures are noted during City inspections, the City shall notify the owner by U.S. mail, first class, postage prepaid with a certificate of mailing, at the property's legal address listed in the records of the County Assessor's Office. The responsible party shall have twenty (20) business days or other time frame mutually agreed to between the Stormwater Enterprise Manager and the responsible party to correct the deficiencies. The Stormwater Enterprise Manager shall then conduct a follow up inspection to verify the repairs. If repairs are not undertaken or are not found to be done properly, the Stormwater Enterprise Manager may complete the necessary maintenance at the responsible party's expense.
C. Notice of Violation: If the annual report mandated as part of the Inspection and Maintenance (IM) Plan required by Subsection 7.4.703B is not received by the Stormwater Enterprise, the Stormwater Enterprise Manager shall notify the owner of the missed inspection report by U.S. mail, first class, postage prepaid with a certificate of mailing, at the property's legal address listed in the records of the County Assessor's Office. The responsible party will have twenty (20) business days to complete the inspection and deliver it to the Stormwater Enterprise Manager. A notice of violation may be issued by the Stormwater Enterprise Manager if an inspection is not submitted after the twentieth (20th) business day. The notice will include a date that will be identified as the "date of notice of violation" for purposes of appeal rights.
D. Appeals: Any person receiving a notice of violation under this Section may appeal the determination of the Stormwater Enterprise Manager to the Public Works Director, as follows:
1. The notice of appeal must be received by the Stormwater Enterprise Manager within ten (10) days from the date of the notice of violation. A hearing on the appeal before the Public Works Director shall take place within fifteen (15) days from the date the City received the timely notice of appeal.
2. The decision of the Public Works Director shall be final. (Ord. 23-03)
A. Within thirty (30) days after maintenance or repair of the permanent control measure by Stormwater Engineering, the Stormwater Enterprise Manager shall notify in writing the property owner of the cost of repair, including administrative costs. The Stormwater Enterprise Manager notice shall include an "official notice date."
B. The property owner may file a written protest objecting to the amount of the assessment with the City Clerk within fifteen (15) days of the "official notice date." The Stormwater Enterprise Manager shall set the matter for public hearing by the City Council and shall notify the appellant of the date of the hearing. The decision of the City Council shall be set forth by resolution and shall be final. (Ord. 23-03)
A. In addition to any lien placed upon real property, the cost of abatement, including administrative costs, shall be deemed a joint and severable personal debt of the property owner.
B. If the amount due is not paid within ten (10) days of the decision of the City Council or the expiration of the time in which to file an appeal to City Council under this Part 7.5.11, the charges shall become a special assessment against the property and shall constitute a priority lien on the property for the amount of the assessment. This lien shall be deemed in priority of, and superior to, any and all liens then existing on the property or later levied upon the property.
C. A copy of the resolution shall be filed with the County Assessor and the County Treasurer so that the Assessor may enter the amounts of the assessment against the parcel as it appears on the current assessment roll, and the tax collector shall include the amount of the full amount of the assessment on the bill for taxes levied against the parcel of land. (Ord. 23-03)
A. Failure to erect any sign required by Subsection 7.4.304G.4 (Street Name Signs) or any road marking required by Subsection 7.4.304G.5 (Fire Apparatus Access Road Markings) shall result in disapproval of final inspection, refusal to issue a Certificate of Occupancy, revocation of Certificate of Occupancy or other action authorized in Part 7.5.9 (General Enforcement) or Section 1.1.201 (General Penalty).
B. The property owner(s) or an authorized agent, upon notification of noncompliance and subsequently failing to meet or cause to be met all applicable requirements of Subsections 7.4.304G.4 (Street Name Signs) or 7.4.304G.5 (Fire Apparatus Access Road Markings) shall be responsible for any and all expenses incurred on the part of the City or any authorized agent in the enforcement of and compliance with either of those Sections. (Ord. 23-03)
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