A. In the event that dischargers described in Sections 13.08.850(A) and 13.08.850(B) shall fail to pay any billing within fifteen (15) days from the bill date, a late charge as set by resolution of the city council for each such billing month may be added to the bill, and the city may have no authority to accept any payment thereafter without collecting the late charge. This charge shall be collected to defray the cost of billing and bookkeeping involved in late payments.
B. For each industrial sewer service charge, as defined in Section 13.08.850(C), remaining unpaid more than fifteen (15) days from the bill date there may be added and collected therewith a late charge as set by resolution of the city council and any such unpaid charge, together with the late charge shall bear interest at the rate as set by resolution of the city council until paid.
C. In the event that the discharger shall fail to pay any charge herein provided by the 15th of the third month following presentation of the bill for such charge to the discharger, the city may, in addition to any other remedies it may have, after due notice in writing, discontinue furnishing sewer service and not resume the same until all delinquent charges hereunder, together with any costs necessitated by the discontinuance and resumption of sewer service, have been fully paid. Any such notice of disconnection or discontinuance of service shall include the name, address, and telephone number of the city division authorized to discuss, and correct where appropriate, any outstanding charges.
D. In addition or in the alternative, and at the option of the city, the city may file a civil action for the collection of any amounts due and unpaid. This remedy shall be cumulative and in addition to the remedy of means of enforcing payment of the sum required to be paid by this chapter stated in subsection (A), (B), (C), (E), (F), (G) or (H) of this section.
E. As an alternate means of collection of amounts due and unpaid at owner-occupied property:
1. Once a year the city council may cause to be prepared a report of delinquent fees including late charges. The council shall fix a time, date and place for hearing the report and any objections or protests thereto;
2. The council shall cause notice of the hearing to be mailed to the landowners listed on the report not less than ten days prior to the date of the hearing;
3. At the hearing the council shall hear any objections or protests of landowners liable to be assessed for delinquent fees including late charges. The council may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed;
4. The delinquent fees set forth in the report as confirmed 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 for the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The lien is created, and 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 county 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 encumbrancer for value has been created and attached 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 delinquent fees, as confirmed, relating to such property shall be transferred to the unsecured roll for collection and recorded in the name of the prior property owner following city policies and procedures.
5. The city may, in its discretion, issue separate bills for such special assessment taxes and separate receipts for collection on account of such assessment.
F. At the time the fees become delinquent, until such time as they are fully paid, the delinquent account balance, including late charges, shall constitute an unrecorded lien against the property, and, as such, may be identified during a title search. For commercial businesses, delinquent account balances, including late charges, may be considered an unrecorded lien against the business name and/or owner of the business.
G. In addition to, or in lieu of other collection processes, the city may authorize a third party to discontinue water service as a means of collecting delinquent balances.
H. In addition to, or in lieu of other collection processes, delinquent balances may be processed through a collection bureau. (Ord. 2014-01 § 1 (part), 2014; Ord. 2011-08 § 7, 2011: Ord. 2006-02 (part), 2006: Ord. 2000-18 §§ 1 (part), 2 (part), 2000: prior code § 4290)