(A) Billings. All storm water service fees shall be calculated monthly. Any bill for services for partial month service shall be assessed on a per diem basis. The Board, in its discretion, may set the billing period as either monthly or quarterly.
(B) Terms of payment. The storm water service charges shall be due on the payment date set out on the bill. It shall be a violation of this chapter to fail to pay a storm water service bill when due. All bills for storm water services not paid on or before the due date, which due date shall be approximately 15 days after the bill is rendered, shall be subject to a collection or deferred payment charge of 10% on the outstanding balance. Payments returned for nonsufficient funds (“NSF”) shall be subject to an NSF fee of $20.00 plus an amount equal to the actual charge by the depository institution for negotiable instruments returned for insufficient funds. When an NSF fee is imposed, the town shall notify the maker or drawer, or the person for whose benefit the instrument was given, to inform him or her that the instrument was dishonored or returned unpaid and that the person has ten days after the date the notice is mailed to pay the total amount due, including the NSF fee, in cash, certified check, or other guaranteed payment. If the person fails to make payment within the ten-day period, the town may file a civil action for the amount due, including the NSF fee, court courts, reasonable attorneys' fees, and treble damages. If payment is not received with respect to dishonored checks within 90 days after the check is initially received, the matter will be referred to the corresponding County Prosecutor in accordance with IC 36-1-8-13.
(C) Payment priority.
(1) Partial payments shall be applied in this order:
(a) Any NSF fee on the account;
(b) Any late fees on the account;
(c) Past due balances; and
(d) Current balances.
(2) (a) In the event the town should elect to combine storm water service bills with any other town utility bills, partial payments shall be applied in this order as between utilities:
1. Waste management fees;
2. Storm water service fees; and
3. Sanitary sewer fees.
(b) This provision only applies to utility bills appearing on the same bill.
(D) Collection. Delinquent storm water service charges and applied penalties, recording fees, and service charges may be made a lien upon property and may be collected in accordance with the provisions of IC 8-1.5-5-29, IC 8-1.5-5-30, and IC 8-1.5-5-31. Delinquent storm water service charges may also be collected in a civil action along with reasonable attorneys' fees and court costs.
(Ord. 2023-22, passed 12-28-23)