(A) Billing. A database has been developed consisting of each property owner's/renter's name, property address, property's square footage of impervious surface area, user fee multiplier and monthly user fee. Charges for storm water service shall be billed by and through Frankfort Municipal Utilities on the monthly utility bill and with the implementing of related policies.
(B) Disconnection of utilities for delinquent fees. Where the property having a delinquent account for charges for storm water service is served by the city's Waterworks Department and/or the city Light and Power, said water and electric utilities may, after reasonable notice to the owner and/or customer, shut off the water or electrical service to the property. Service may not be restored until the delinquent account and associated costs have been paid.
(C) Sewer lien. Unpaid storm water user fees constitute a lien upon the corresponding lot, parcel of land, building or premises at or upon which such fees are incurred. Storm water user fees shall be the obligation of the property owner and shall also be the obligation of any renter occupying the property. Storm water user fees shall be billed to the property owner if there is no renter known to the storm water utility, and to the renter if the property is rented and the renter is known to the storm water utility. When a renter vacates a property, or if storm water user fees remain unpaid by a renter after utility disconnection and the storm water bill is not paid within 45 days, the property owner will be notified. Additionally, if the owner's address has been provided to the utility billing office, the owner shall be notified within 20 days of the time the storm water user fees become 60 days delinquent. If the owner does not pay within one month after the owner's first receipt of the bill, the utility may take action to collect delinquent fees. Delinquent fees may be collected in either or both of the following ways (and also in any other way allowed by law):
(1) A civil action may be brought against the renter and/or property owner.
(2) The fees may be recorded as sewage liens in the Office of the Clinton County Recorder and certified to the auditor of Clinton County, who shall place the same on the tax duplicate of the county with the interest and penalties allowed by law to be collected as ad valorem property taxes are collected.
(D) Application of storm water user fees to improvements. All storm water user fees collected pursuant to this subchapter shall be utilized for storm water drainage improvements and maintenance, including debt service for such improvements, personnel to collect, account for, and deliver the user fees, and personnel and equipment to install and maintain storm water improvements. However, personnel and equipment expenses paid from the user fees collected shall not exceed 30% of the total storm water user fees collected. The financial benefit to the city sewage works realized by the collection of storm water user fees pursuant to this subchapter shall be devoted to maintenance of and improvements to the city sewage works.
(Ord. 2006-16, passed 7-26-06)