(A) Billing of customer charges. Sewage service bills shall be rendered once each month or at such times as may be determined hereafter by the board at the same time as water service bills of the municipal water utility of said city are, or may from time to time be rendered and shall be payable at the same time as water service bills of said utility are payable. Such sewage service bills shall be based upon the rates and charges for the use of and service rendered by said sewage works, as described in Ordinance No 1801 of said city and all ordinances amendatory thereof and supplemental thereto. The rates and charges may be billed to the tenant or tenants occupying the properties served, unless otherwise requested in writing by the owners; but such billings shall in no way relieve the owner from liability in the event payment is not made as herein required. The owners of the properties served, which are occupied by tenants, shall have the right to examine the collection records of the city for the purpose of determining whether such rates and charges have been paid by such tenants; provided that such examination shall be made at the office at which said records are kept and during the hours that such office is open for business.
(B) Penalty for delinquent payment. The rates or charges made pursuant to the terms of this subchapter against any lot, parcel or real estate or building that is connected with and uses such sewage works by or through any part of the sewage system of the sewage works by or through any part of the sewage system of the city, or that in any way uses or is served by such works, shall be a lien, and the same are hereby declared, made and constituted a lien upon and against any such lot, parcel or real estate or building. Such lien, after written notice to the owner of any such lot, parcel of real estate or building, shall attach as such 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. Such rates or charges so established shall be paid within 30 days after same are due. If such rates or charges are not paid within said 30 day period after written notice to the owner of any such lot, parcel or 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 such rates or charges shall thereupon attach thereto, which rates or charges, together with the penalty shall be collectible in the manner hereinafter provided.
(C) Collection of delinquent charges by County Auditor. It shall be the duty of the officer of the sewage works of said city, charged with the collection of such rates or charges, to enforce payment thereof, together with the penalty hereinabove provided. Said officer shall from time to time each year, certify to the County Auditor a list of such rates or charges, including the amount of the penalty, which have become delinquent. Such 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 such rates or charges have become delinquent, the description of such premises as shown by the records of the Office of the County Auditor, and the amount of such rates or charges, together with the amount of penalty. It shall be the duty of the County Auditor to place and include any such 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 such rates or charges and penalty are due and payable in such manner and pursuant to the terms of Chapter 299 of the Acts of 1945 of the General Assembly of the State of Indiana and all acts amendatory thereof or supplemental thereto.
(D) Foreclosure of lien. In addition to the methods of collection of such 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 such lien, the sewage works shall recover the amount of such rates on 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 of Indiana, and all acts amendatory thereof or supplemental thereto.
(E) Administrative fines.
(1) When the authority finds that a user has violated, or continues to violate, any provision of this subchapter, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or requirement, the authority may fine such user in an amount not to exceed $2,500 for the first offense and $7,500 for subsequent offenses. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
(2) Unpaid charges, fines, and penalties shall, after 30 calendar days be assessed an additional penalty of 10% of the unpaid balance, and interest shall accrue thereafter at a rate of 10% per month. A lien against the user's property shall be sought for unpaid charges, fines, and penalties.
(3) Users desiring to dispute such fines must file a written request for the authority to reconsider the fine along with full payment of the fine amount within 60 days of being notified of the fine. Where a request has merit, the authority may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The authority may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(4) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. 12-2683, passed 8-20-12)