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If the city manager has reason to believe that any person required to subscribe for service has failed to subscribe or failed to maintain a subscription for service, the city manager may cause written notice to be mailed to the owner of the real property so affected directing the owner to subscribe for such service within ten (10) days after the date of the notice.
Any such notice shall state that if the person to whom it is directed fails within the ten (10) day period to subscribe for such collection service, or fails to appear and show sufficient cause why such person should not be required to subscribe, the city manager may authorize such service and the charges therefor will be assessed against the real property upon which the premises served are located.
After notice and a public hearing, unpaid delinquent accounts may be confirmed by the city council, and the amount confirmed shall constitute a lien on the property. The lien shall continue until the amount of the charges and interest thereon at the legal rate, computed from the date of confirmation of the charge, is paid in full or until it is discharged of record.
Alternatively or in addition, the confirmed amount may be made a personal obligation of the property owner of record. Alternatively, or in addition, the confirmed amount may be specially assessed against the real property involved, and collected at the same time and in the same manner as ordinary real property taxes.
The delinquent fees as confirmed by the city council shall constitute special assessments against the respective parcels of land and are a lien on the property for the amount of such delinquent fees. A certified copy of the confirmed report shall be filed with the county auditor, on or before August 10 of each year, for the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The lien created attaches upon recordation, in the office of the county recorder of the county in which the property is situated, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same manner as ordinary county ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of the city ad valorem property taxes shall be applicable to such assessment, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the delinquency fees, as confirmed, relating to such property shall be transferred to the unsecured roll for collection. (Ord. 1629, 6-23-2009)