(A) All such rates or charges, if not paid when due, shall be a lien upon the premises served by such system or works, and if such rates or charges not be paid within 30 days after due, then the amount thereof, together with a penalty of 10% and a reasonable attorney fee, may be recovered by the Council in a civil action in the name of the city as hereinafter provided. In connection with such action, such lien may be foreclosed against such lot, parcel of land or building, in accordance with the laws relating thereto. Should another provision be provided within the actual rate schedule, that provision shall have priority.
(B) There shall be an enforcement provision to provide for the collection of said sewer use charge by the municipality. Any person, firm or corporation who violates any provision of this subchapter in regard to paying the rate charge per customer, as previously enumerated, shall have a period of 30 days from and after the date of bill in which to pay the sewer use charge. Upon the expiration of 30 days from and after the date of mailing of said sewer use billing, the City Clerk of the municipality shall be responsible for sending a letter of notice to said person, firm or corporation who has violated division (A) above by not paying the sewer use rate charge. Said notice from the Clerk of the municipality shall give notice unto the person, firm or corporation who has failed to pay the sewer use rate charge that said payment must be made on or before 30 days from the mailing of said notice, and further said notice shall provide for a date 30 days from the mailing of said notice that said person, firm or corporation who has violated the subchapter shall appear before the Police Court Judge to show cause why he or she has failed to pay said charge. Said hearing shall be before the Police Court Judge without a jury, unless a jury is requested by the person, firm or corporation so violating the subchapter.
(C) A certified transcript of a judgment for a fine rendered by the Municipal Court may be filed in the office of the Clerk of the Circuit Court and docketed in the judgment lien book kept in the office of the Clerk of the County Commission in the same manner and with the same effect as the filing and docketing of a certified transcript of judgment rendered by a Magistrate Court, as provided for in the W. Va. Code Ch. 50, Art. 50, § 2. The judgment may include costs assessed against the defendant. Execution shall be fieri facias issued by the Clerk of the Circuit Court in the same manner as such writs are issued on judgements for a fine rendered by the Circuit Court or other courts of record under the provisions of W. Va. Code Ch. 62, Art. 4, § 11, as amended.
(D) The municipality shall further be authorized by this subchapter to seek a judgment for any past due sewer rate charge against any person, firm or corporation who has violated any provision of this subchapter. Said judgment shall be of suit filed in the Magistrate Court of the county or in other court of competent jurisdiction or in the Circuit Court of the county, and shall be collected in accordance with the laws of the state and the West Virginia Code, as amended, in regard to obtaining judgement and enforcement of said judgement in favor of the municipality.
(Ord. 25, passed 3-13-2018) Penalty, see § 52.999