If any person owning, controlling, occupying or operating any premises or real property fails or refuses to pay the charges imposed for the utility, the charges shall subject the real property specifically benefitted by the utility service to one or more of the following actions.
(A) Lien action.
(1) Payment of lien. After an initial letter of notice of payment due and when no payment is received within 30 days a second letter will be sent as a reminder of payment due. If no payment or response is received from the responsible party within 30 days, a third letter will be sent advising the responsible party of the intent to file a Notice of Lien within 30 days.
(3) Interest of lien. The principal amount of any lien imposed for a municipal utility charge or assessment shall bear interest at the rate of 12 % per year from the date of filing the notice of the lien.
(B) File of criminal complaint.
(1) Failure to pay. Failure to pay a utility bill in a timely manner subsequent to the initial filing of lien shall subject the property owner to a citation to Municipal Court for violation of the provisions of this chapter. The Municipal Court has the authority to order payment of delinquent fees.
(2) Fines. A violation is a petty misdemeanor subject to a fine of up to $500 and/or 90 days in prison. Each day a violation continues may be considered a separate occurrence.
(C) Other actions. The city may take any other actions which are not prohibited by state law, including but not limited to filing civil actions for recovery of delinquent fees in any court of competent jurisdiction.
(Ord. 70, passed 6-2-2004) Penalty, see § 10.99