All costs, including all legal and administrative expenses, incurred by the municipality to take any action authorized by Section 927.10 or 927.11 of the Codified Ordinances shall be charged to and collected from the person or persons to whom a Notice of Violation, if any, was addressed and assessed against the premises on which the substance illicitly discharged to the MS4 originated in the manner provided by this Section:
(a) Within 21 days following completion of each activity authorized by Section 927.10 or 927.11, the City Administrator shall compute the total cost incurred by the municipality to undertake that activity and invoice all persons upon whom a Notice of Violation was served and the owner or owners holding title of record to the premises on which the flow of any substance resulting in the illicit discharge originated.
(b) Any person to whom an invoice is sent may file a written protest disclaiming liability for payment or objecting to the amount of the invoice within 14 days following delivery of the invoice to the protestor's address.
(c) In the event no protest is timely filed, the amount invoiced and obligation of the person, or joint and several obligation of the persons to whom the invoice was sent shall be deemed to be conclusively established. If one or more protests are received, the City Administrator shall afford each protestor an opportunity to appear before him and show cause why the protestor is not obligated to pay the invoice or why the amount thereof is incorrect. If more than one protest is received, the City Administrator shall endeavor to schedule all appearances at the same time and place.
(d) The City Administrator shall consider all information presented and affirm or modify the invoice in such manner as shall appear to him to be just and equitable in the circumstances. The modification may adjust the amount of the invoice or the persons deemed jointly and severally liable for payment. The amount invoiced and obligation of the person, or joint and several obligation of the persons, to whom the invoice was sent shall be deemed to be conclusively established in accordance with the City Administrator's determination unless an action is properly commenced and successfully prosecuted to enjoin collection of the same.
(e) The amount conclusively determined to be due and owing in accordance with subsections (c) or (d) hereof shall be paid within 30 days of the date on which the liability is deemed to be conclusively established.
(f) In the event payment is not made on or before the date required by subsection (e) hereof, amount invoiced, or so much thereof as remains unpaid on that date, shall be added to the following month's bill for water and sanitary sewer services furnished the premises. Thereafter, nonpayment of the balance shall accrue penalties and constitute grounds for termination of water service in accordance with procedures generally established for non-payment of municipal utility service charges.
(g) In the event payment is not made on or before the 14th day immediately preceding the date on which the municipality is required to certify assessments levied for costs incurred to abate nuisances to the County Auditor for collection with taxes levied for the year in which the nuisance abatement occurs, the amount invoiced, or so much thereof as remains unpaid on that date, shall be certified to the County Auditor for collection as an assessment in accordance with statutory procedures.
(h) At any time after expiration of the 30 days allowed for payment following final determination of the amount due, the City Administrator may, with concurrence of the City Law Director, commence and action in any Court of competent jurisdiction to reduce the amount owed to Judgment and take all actions as may be legally available to collect any Judgment awarded. The commencement and prosecution of such action shall not preclude use of the collection remedies provided by subsections (f) and (g) hereof. In the event Judgment is rendered against any person in an amount that is greater or less than the amount determined to be due and owing from that person by the City Administrator, the balance added to the municipal utility bill or any amount to be but not yet certified to the County Auditor for collection with real estate taxes levied upon the premises shall be adjusted to reflect the amount for which Judgment is rendered. In the event Judgment is rendered after an assessment has been certified to the County Auditor for collection with real estate taxes levied upon the premises and that Judgment is for a lower amount than was certified, the City Administrator shall take appropriate action to reduce the amount assessed to the amount of the Judgment. In the event Judgment is rendered after an assessment has been certified to the County Auditor for collection with real estate taxes levied upon the premises and that Judgment is for a greater amount than was certified, no action shall be taken to change the value of the lien to be collected with taxes levied against the premises. The City Administrator may, however, pursue all available judicial remedies to collect the balance of the Judgment not satisfied by the payment of the assessment.
(Ord. 7385. Passed 4-3-12.)