§ 30-331. Stormwater and surface water drainage fee collection.

(a)

The drainage fee shall be billed and collected monthly with the monthly water and/or electric utility bill for those customers utilizing other BPU utilities and shall be billed and collected separately at intervals as set by the director for those properties not utilizing BPU utilities. The drainage fee for those properties utilizing other BPU utilities shall be part of a consolidated statement for utility customers which shall be paid by a single payment. Unless otherwise provided for herein, all bills for drainage fees shall become due and payable in accordance with BPU rules and regulations that relate to the collection of utility charges. Drainage fee bills for any given property shall initially be the responsibility of the person who is has the account with the BPU for water and/or electric service for the property. If the property is not using water and/or sewer services, then drainage fees shall be the responsibility of the person recorded as the owner of the property with the register of deeds. The property owner is responsible for the drainage fees not paid by the occupant or person in possession of the property.

(b)

Drainage fees shall be subject to a penalty for late payment which is the same as that imposed for late payment of water and sewer utility charges. In addition to any other remedies or penalties provided by this article or any other ordinance of the unified government, failure of any user of the stormwater and surface water management system to pay such charges promptly when due shall subject such user to discontinuance of water, electrical, or other services and the general manager of the BPU is empowered and directed to enforce this provision as to any and all delinquent users.

(c)

Drainage fees authorized to be charged in this article when delinquent may be placed on the tax roll for collection by the unified government clerk, subject to the same penalties and to be collected in like manner as taxes, and such drainage fees shall, thereafter, constitute a lien upon the real estate served by the stormwater and surface water utility, regardless of whether the drainage fees were incurred when a property owner was in possession of the property or a non-owner was in possession of the property.

(Ord. No. O-56-08, § 1(30-331), 7-31-2008)