(A) The rates or charges made pursuant to the terms of this chapter against any lot, parcel of real estate, or building that is connected with and uses the sewage works by or through any part of the sewerage system of the city, or that in any way uses or is served by the works, shall be a lien, and the same are hereby declared, made, and constituted a lien upon and against any such lot, parcel of real estate, or building. The lien, after written notice to the owner of any such lot, parcel of real estate, or building, shall attach as those rates or charges become due and payable, and shall be superior to and take precedence over all other liens except the lien for taxes, and shall be enforced as hereinafter set out. The rates or charges so established shall be paid within 30 days after same are due. If the rates or charges are not paid within a 30-day period after written notice to the owner of that lot, parcel of real estate, or building, the same shall thereupon become and hereby are declared to be delinquent and a penalty of 10% of the amount of the rates or charges shall thereupon attach thereto, which rates or charges, together with the penalty, shall be collected in the manner hereinafter provided.
(B) Collection of delinquent charges by County Auditor. It shall be the duty of the officer of the sewage works of the city, charged with the collection of those rates or charges, to enforce payment thereof, together with the penalty hereinabove provided. The officer shall on July 1 of each year certify to the County Auditor a list of rates or charges, including the amount of the penalty, which have become delinquent prior to July 1. The list shall include the name or names of the owner or owners of each and every lot, parcel of real estate, or building on which rates or charges have become delinquent, the description of the premises as shown by the records of the office of the County Auditor, and the amount of the rates or charges, together with the amount of the penalty. It shall be the duty of the County Auditor to place and include any rates or charges, including the amount of the penalty, on the tax list, roll of taxes, or tax duplicate, in the appropriate place thereon in respect to the premises on which any rates or charges and penalty are due and payable, in the manner and pursuant to the terms of Chapter 299 of the Acts of 1945 of the General Assembly of the state, and all acts amendatory thereof or supplemental thereto.
(C) Foreclosure of lien. In addition to the methods of collection of rates or charges, including the penalty thereon, when the same become delinquent as hereinabove provided, the sewage works shall have the right to foreclose the lien hereinbefore established. In all suits brought to foreclose the lien, the sewage works shall recover the amount of rates or charges and the penalty thereon, together with a reasonable attorney's fee, pursuant to the terms of Chapter 299 of the Acts of 1945 of the General Assembly of the state, and all acts amendatory thereof or supplemental thereto.
(Ord. 30-C-84, passed 10-9-84; Am. Ord. 23-C-17, passed 11-28-17)