(A) Billings. Stormwater fees shall be attached to a property and the property owner(s). Stormwater user fees for each property shall be collected through the Madison County property tax billing system. All stormwater service fees shall be calculated on a monthly basis unless additional or prorated billing is required to reflect customer changes, initial billings or is otherwise required to adjust billing cycles. Stormwater user fees for each property shall be collected through the Madison County property tax billing system. Stormwater user fees shall be billed on a semi-annual basis as a special assessment on the relevant property tax bill, or through periodic billing from the Town of Pendleton Utilities Department. Charges for miscellaneous services or work performed by the Department shall be assessed at the time the work is completed and shall be directly by the town. Stormwater billing calculations for a new property shall commence with the date the property is assessed for purposes of property taxes, or date of occupancy, whichever shall first occur. Additional stormwater charges for an established service address necessitated by a change in the amount of impervious area at the property shall commence on the date the new certificate of occupancy or compliance is issued. Billing adjustments required to correct impervious area measurements shall be applied retroactively to the date of the customer’s initial protest.
(B) Rights and responsibilities of property owner. Charges for stormwater service shall remain the ultimate responsibility of the property owner, including all penalties, recording fees, attorney's fees, interest and court costs. Other than the property owner, no other person shall be permitted to inspect, examine or otherwise obtain confidential information including the social security number of the property owner obtained by the town for the sole purpose of billing for stormwater system service.
(C) Terms of payment. The stormwater user fees prescribed in § 53.155 shall be due on the payment date set out on the property tax bill. It shall be a violation of this chapter to fail to pay a stormwater service bill when due. All bills for stormwater services not paid on or before the due date shall be subject to a collection or deferred payment charge of 10% on the outstanding balance.
(D) Bad check charge. Checks returned for non-sufficient funds will be subject to reimbursement of the fee the banking institution charges the town and an administrative charge to be established by the department not in excess of the amount provided in Indiana Code. A customer submitting a bad check may be prohibited from making future stormwater user fee payments by check.
(E) Collection. The Board may collect delinquent stormwater user fees and penalties by placing a lien on the private property subject to the user fees and penalties. The delinquent fees and penalties shall be collected in the same manner as delinquent taxes and if the fees and penalties remain unpaid, the Board may foreclose on the lien to collect the fees and penalties including reasonable attorney's fees.
(Ord. 2021-01, passed 2- -21)