The water and/or sewer service charges imposed pursuant to these regulations constitute a lien upon the parcel of real property to which such service was rendered, if the owner of the real property has applied for such service and has agreed to be responsible for such charges.
(Ord. 579, 1982)
A. 
Notwithstanding any provision in this code to the contrary, any water and/or sewer service charges which have become delinquent for such properties where the owner has agreed to be responsible for such charges, the owner shall be subject to have the lien provided for in Section 13.13.010 recorded with the county recorder pursuant to the procedure provided in this section.
B. 
Prior to the recordation of a lien for delinquent charges, the water clerk shall cause the notice of an opportunity for hearing on the delinquent charges to be mailed to the owner. Such notice shall be mailed postage prepaid. 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 or she shall request such a hearing by notifying the water 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 director of finance or such other person, including the water clerk, as he or she may designate. The decision of such person shall be final and conclusive.
C. 
At the expiration of the time within which to request a hearing, or upon a decision adverse to the owner after hearing, the water clerk 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 water clerk unless and until it is fully and completely paid.
D. 
The director of finance is authorized to determine the amount of delinquency which will subject an individual lien to the recording procedures of this section; provided, however, that such amount will be applicable for all liens.
(Ord. 579, 1982)
Not less often than once a year, the water clerk may initiate proceedings to make delinquent water and/or sewer service charges a special assessment against the parcels of property to which such service was rendered and where the property owner has agreed to be responsible for the service charges.
(Ord. 579, 1982)
A report of delinquent charges shall be transmitted to the council by the water clerk. Upon receipt by the council of the report, it shall fix a time, date and place for hearing the report, and any protests or objections thereto.
(Ord. 579, 1982)
The council shall cause notice of the hearing to the mailed to the owner of the real property to which the service was rendered not less than ten days prior to the date of the hearing. The notice shall be mailed to the address of the owner as shown on the last equalized assessment roll or such other address of the owner as may be known by the water clerk.
(Ord. 579, 1982)
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.
(Ord. 579, 1982)
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.
(Ord. 579, 1982)
A certified copy of the confirmed report shall be filed 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. 579, 1982)