766.03  COLLECTION OF MUNICIPAL SERVICE CHARGE; FILING OF LIEN AS  SECURITY FOR PAYMENT.
   (a)   The Municipal Service Charge shall be billed and collected on a monthly basis.  The Collector Treasurer shall be responsible for the proper assessment and collection of the fees due under this Article.  Assessments shall be made in accordance with Section 766.02.  The due date of the fees to be collected shall be stated on the bill.
   (b)   The Collector Treasurer is authorized, pursuant to West Virginia Code §8-13-13(d), to file a lien in the Office of the Clerk of the Brooke County Commission on real property located within the municipal corporate limits of the City of Wellsburg for any unpaid fees and penalties assessed and billed under this Article.  The real property subject to the lien shall be the parcel upon which is occupied by any residential, commercial or industrial user properly assessed and billed for the fees set forth in this Article.  Provided however, that before any lien is filed, the Collector Treasurer shall give notice to the property owner, by certified mail return receipt requested, that the City of Wellsburg will file the lien unless the delinquency is paid by a date stated in the notice, which date must be not less than ninety days from the date the notice is mailed.
   (c)   At any time after receiving the notice and prior to the filing of the lien provided for herein, the person, firm, corporation or association to whom the notice of possible lien has been sent shall have the right to appeal the validity of the assessment to the Circuit Court of Brooke County.
   (d)   The lien provision provided for herein shall be in addition to, and not in place of, the enforcement or penalty provisions set forth in Section 766.99.
(Ord. 2012-4-1.  Passed 5-9-12.)