Flagler Beach |
Code of Ordinances |
Appendix A. LAND DEVELOPMENT REGULATIONS |
Article V. DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS |
§ 5.03.127. Fee collection.
(a)
The stormwater utility fee shall be billed and collected with the monthly utility bill for those lots or parcels of land utilizing city utilities and billed and collected separately as stormwater utility fees for those lots or parcels of land and owners thereof not utilizing other city utilities. All such bills for stormwater utility fees shall be rendered monthly in accordance with Section 5.03.265, Rendering of regular monthly bills, and Section 5.03.40, Determination of billing date, and shall become due and payable in accordance with Section 5.03.35, Delinquent bills; penalty; discontinuance or disconnection of service; turn-on charge; reconnection charge, and Section 5.03.64, Payment of bills; discontinuance for nonpayment. The stormwater utility fee is part of a consolidated statement for utility customers which is generally paid by a single payment. If a partial payment is received, the payment shall be applied pro rata to each account billed on the consolidated statement in the proportion that an individual account bears to the total consolidated statement of all current charges for all accounts. The stormwater utility fee may be prorated on a customer's initial and final utility bill to reflect actual days of service.
(b)
Any charge due hereunder which shall not be paid when due may be recovered in an action at law by the city. In addition to any other remedies or penalties provided by this or any other ordinance (Section 5.03.35, Delinquent bills; penalty; discontinuance or disconnection of service; turn-on charge; reconnection charge.) of the city, failure of any user of city utilities within the city to pay such charges promptly when due shall subject such user to discontinuance of utility services and the city manager of the city is hereby empowered and directed to enforce this provision as to any and all delinquent users.
(c)
All stormwater utility fees assessed pursuant to this article shall be a lien upon the property to which such fee is associated from the date such fee becomes due until such fee is paid. The owner of every building, premises, lot or house shall be obligated to pay the fee for all service provided for his premises, which obligation may be enforced by the city by action at law or suit to enforce the lien in the same manner as the foreclosure of mortgages. In the event of such action, the city shall be entitled to recover all court costs and reasonable attorney fees for such collection. In the case that a tenant in possession of any premises or buildings shall pay such charges, it shall relieve the land owner from such obligation and lien; but the city shall not be required to look to any person whatsoever other than the owner for the payment of such charges. No changes of ownership or occupation shall affect the application of this article, and the failure of any owner to learn that he purchased property against which a lien for stormwater utility fees exists shall in no way affect his responsibility for such payment.
(Ord. No. 2004-35, § 1, 12-16-04)