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59.1.09 Billings; Terms of Payment
Section 59.1.09 BILLINGS; TERMS OF PAYMENT.
 
A. Billings. All stormwater service bills shall be rendered on a monthly basis unless additional or prorated billing is required to reflect customer changes, initial billings or is otherwise required to adjust billing cycles. Charges for miscellaneous services or work performed on behalf of a stormwater customer by the Department shall be assessed at the time the work is completed and shall be included in the customer’s next stormwater service bill. Stormwater billing for a new property shall commence with the billing for water service, the meter set date or date of occupancy whichever shall first occur. Additional stormwater charges for an established service address necessitated by a change in the amount of impervious area at the property shall commence on the date the new certificate of occupancy or compliance is issued. Billing adjustments required to correct impervious area measurements shall be applied retroactively to the date of the customer’s initial protest. Adjustments shall be made by crediting the stormwater service charge portion of the customer’s utility account until any overpayment has been fully repaid.
 
B. Rights and Responsibilities of Property Owner. Charges for stormwater service shall remain the ultimate responsibility of the property owner, including all penalties, recording fees, attorney’s fees, interest and court costs. Fees assessed against real property constitute a lien against the property assessed. For properties with inactive utility accounts where no water charges have been generated for 60 days or more, a stormwater only account number will be issued to such property, payable by the owner of said property, until water charges have been reinstated. A lien attaches against real property occupied by someone other than the owner only if the Department of Stormwater Management notifies the owner within twenty (20) days after the time the user fees became sixty (60) day delinquent. However, the Department of Stormwater Management must give notice to the owner only if the owner has given the Department of Stormwater Management written notice of the address to which to send notice. Stormwater service charges attach to the property, provided, however, that if a property owner sells or otherwise transfers such property billed for stormwater service, such property owner shall be responsible for the payment of all bills rendered for stormwater service until written notice of the transfer has been provided to the City utility department, and the account may properly be transferred to another customer.
 
C. Terms of Payment. The stormwater service charges prescribed in Section 59.07 shall be due on the payment date set out on the bill. It shall be a violation of this Chapter to fail to pay a stormwater service bill when due. All bills for stormwater services not paid on or before the due date shall be subject to a collection or deferred payment charge of 10% on the outstanding balance. Moving from one location to another in no way absolves the customer from responsibility for any unpaid charges incurred at a previous location.
 
D. Bad Check Charge: Checks returned for non-sufficient funds will be subject to reimbursement of the fee the banking institution charges the City utilities department and an administrative charge to be established by the Department not in excess of the amount provided in I.C. 35-43-5-5(e). A customer submitting a bad check may be prohibited from making future stormwater service charge payments by check.
 
E. Collection. Delinquent stormwater service charges may be collected in a civil action along with other delinquent City utility charges, reasonable attorney fees and court costs.


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