Sec. 15-2. - Sewer service.

(a)

Connect to Public Facilities. The owner of all houses, or properties used for human occupancy, employment, recreation, or other purposes, situated within the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, is required at the owner's expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter within ninety days after date of official notice to do so, provided that said public sewer is within one hundred feet of the property line.

(b)

Fees for providing for sewer services shall be collected by placing such charges on the same statement with water bills whenever it is possible to do so and shall be payable at the same time and in the same

manner as such bills. Whenever it is not possible to add fees for providing for sewer services, bills shall be rendered for such fees and payment thereof shall be made monthly to the city.

(Ord. No. 133, § 2; Ord. No. 239, § 1; Ord. No. 272, § 1; Ord. No. 395, § 2; Ord. No. 436, § 4.)

(a)

The sewer service or connection charges imposed pursuant to these regulations constitute a lien upon the parcel of real property to which such service was rendered.

(b)

Lien Recorded—Procedure.

(1)

Notwithstanding any provision in this Code to the contrary, any sewer service charges which have become delinquent shall cause the owner of such property to be subject to a lien on the property pursuant to the procedure provided in this section. Any such lien shall be recorded with the county recorder.

(2)

Prior to the recordation of a lien for delinquent charges, the public works director shall cause the notice of an opportunity for hearing on the delinquent charges to be mailed to the owner. For purposes of this section, the term "owner" shall have the meaning given it in these regulations. If the owner desires a hearing thereon, he shall request such a hearing by notifying the city clerk thereof in writing within ten days after the date shown on the notice. Any such hearing shall be set not earlier than ten days after receipt of the owner's request. The hearing shall be held before the city council. The decision of the city council shall be final and conclusive.

(3)

At the expiration of the time within which to request a hearing, or upon a decision adverse to the owner after hearing, the city council shall cause such lien to be recorded with the county recorder in the form and manner prescribed by law. Thereafter, such lien shall not be released by the director of finance unless and until it is fully and completely paid or an acceptable arrangement with the city has been agreed to by the city.

(4)

The director of finance is authorized to determine the administrative cost of the delinquency, including costs associated with processing the delinquent account, which will be subject to an individual lien pursuant to the recording procedures of this section. Delinquent charges will be collected as a special assessment. Not less often than once a year, the public works director may initiate proceedings to make delinquent sewer service/connection charges a special assessment against the parcels of property to which such service was rendered.

(5)

The public works director shall transmit through the city manager to council, a report of delinquent charges.

(6)

Hearing. Upon receipt of the report, the city manager shall fix a time, date and place for the city council to hear the report, and any protests or objections thereto. At the time fixed for consideration of the report, the council shall hear it with any objections of the property owners liable to be assessed for delinquent accounts. The council may make such revisions, corrections, or modifications of the report as it may deem just; and in the event the council is satisfied with the correctness of the report (as submitted or as revised, corrected or modified), it shall be confirmed or rejected by resolution. The decision of the city council on the report and on all protests or objections thereto shall be final and conclusive.

(7)

Method of Collection; Applicability of Other Liens, Laws, etc.

(A)

Upon confirmation of the report by the council, the delinquent charges contained therein shall constitute a special assessment against the property at which the services were rendered. Thereafter, such assessment may be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and same procedure of sale as provided for delinquent ordinary property taxes.

(B)

The assessments shall be subordinate to all existing special assessment liens previously imposed upon the property, and paramount to all other liens except those for state, county and municipal taxes with which it shall be upon parity. The lien shall continue until the assessment and all interest and penalties due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to the special assessments.

(8)

Report Transmitted to Auditor. A certified copy of the confirmed report shall be filed annually with the county auditor on or before August 15th. The descriptions of the parcels subject to the special assessment shall be those used for the same parcels on the county assessor's map books for the current years.

(Ord. No. 436, § 6.)