(A) Rate and collection schedule. A storm water user fee shall be set at a rate as set forth in the storm water user fee schedule as adopted by the Board of Mayor and Aldermen by ordinance, collected at a location and collected on a schedule, established in accordance with this chapter. The storm water user fee shall be billed and collected monthly with the monthly utility services bill for those properties within the corporate limits. The storm water user fee for those properties utilizing city utilities is part of a consolidated statement for utility customers, which is generally paid by a single payment to the city’s Utility Department. The storm water user fee for those properties utilizing utilities not provided by the city shall be billed and collected by the city annually or as directed by the city’s Finance Department. All bills for the storm water user fee shall become due and payable in accordance with the rules and regulations of the applicable Utilities Department pertaining to the collection of the storm water user fees.
(B) Delinquent bills. The storm water user fee shall be considered delinquent if not received by the city by the due date stated in the utility statement and subsequent late fees shall be imposed as set forth in the fee schedule as adopted by the Board of Mayor and Aldermen as established by an ordinance.
(C) Penalties for late payment; failure to pay. Storm water user fees shall be subject to a late fee established by ordinance as indicated in the storm water user fee schedule. The city shall be entitled to recover collection fees and attorney's fees incurred in collecting delinquent storm water user fees. The city or other collecting utility provider may discontinue utility service to any storm water user who fails or refuses to pay the storm water user fees and may refuse to accept payment of the utility bill from any user without receiving at the same time, payment of the storm water user fee charges owed by such user and further may refuse to re-establish service until all such fees have been paid in full.
(D) Mandatory statement. Pursuant to Tenn. Code Ann. § 68-221-1112, each bill that shall contain storm water user fees shall contain the following statement in bold: “THIS TAX HAS BEEN MANDATED BY CONGRESS”. Although the mandatory statement will be placed on each bill, the city’s Board of Mayor and Alderman hereby finds and declares that the storm water user fee is a utility service fee and not a tax.
(2011 Code, § 18-512) (Ord. 09-39, passed 12- -2009; Ord. 19-36, passed 11-18-2019)