§ 53.022 BILLING AND COLLECTION.
   (A)   A storm water service charge bill may be sent through the United States mail or by alternative means, notifying the customer of the amount of the bill, the date the payment is due and the date when past due. Failure to receive a bill is not justification for non-payment. Regardless of the party to whom the bill is initially directed, liability for payment of the storm water management charge attributable to that property shall be joint and several as to the owner and occupant.
   (B)   All comprehensive storm water service charges are due and payable 30 days after the date of billing.
   (C)   A penalty of 5% shall be added to a comprehensive storm water service charge when the charge is not paid per Marshalltown Water Works procedure. Each storm water service charge rendered under or pursuant to this chapter is hereby made a lien upon the corresponding lot, parcel of land, building or premises that are tributary directly or indirectly to the storm water system of the city and, if the same is not paid pursuant to the notice, it shall be certified to the County Treasurer, who shall place a lien on said property as allowed by law and be collected in the same manner as property taxes.
   (D)   (1)   The Storm Water Utility charges in this chapter shall constitute a lien upon the premises served by the storm water management and drainage system utility.
      (2)   The Marshalltown Water Works will compile a list of all storm water utility charges that have remained unpaid and delinquent with the name of the owner and the legal description of the property or premises for each separate bill, and this list may be certified to the County Treasurer by the Board of Water Works Trustees for collection in the same manner as taxes, and when so collected the proceeds shall become a part of the Storm Water Utility Fund of the city.
      (3)   Failure to send or receive a bill for comprehensive storm water service charge is not a defense to the collection of the service charges.
   (E)   Suits for collection shall be commenced by the city in the state’s District Court for the county. No lien shall be imposed for delinquent collections unless a judgment is first obtained from a court of competent jurisdiction. The city may employ any lawful means to collect funds owed and is not restricted to filing a lawsuit.
   (F)   The Storm Water Utility service charge may be billed on a common statement and collected along with other city utility services.
   (G)   The State of Iowa Offset Program may also be utilized by the Marshalltown Water Works for collection of delinquent storm water utility accounts that are not eligible for a lien.
   (H)   The City Clerk reserves the right to process collection procedures through the city.
(2013 Code, § 28-131) (Ord. 14918, passed 4-22-2013; Ord. 15067, passed 6-26-2023; Ord. 15072, passed 10-9-2023)