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HomeMy WebLinkAbout1991-31 - Establishment of Procedure for Collection of Delinquent Sewer ChargesBILL N0. 7/~ ORDINANCE N0. 9 AN ORDINANCE ESTABLISHING PROCEDURES FOR THE COLLECTION OF DELINQUENT SEWER CHARGES AND IMPOSING A LIEN AGAINST THE PREMISES FOR DELINQUENT SEWER CHARGES. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: Section 1. A new Section of the Code of Ordinances of the City of Riverside, Missouri is hereby enacted, and shall be codified as Section 16.7a of the Code of Ordinances of the City of Riverside, Missouri and shall read as follows: "Section 16.7a. SEWER BILLS - LATE FEES, PROPERTY OWNER AND OCCUPANT LIABLE, DELINQUENCIES TO BECOME A LIEN UPON THE LAND. Section 1. LATE CHARGES. If any bill for sewer services shall be and remain due and unpaid 30 days following the date of its rendition, an additional charge of 3~ shall be added thereto, and an additional charge of 1~ shall be charged for each month thereafter up to one year. The City shall have the right, in addition to all other rights provided herein, to disconnect sewer service after a bill remains unpaid for 60 days and upon notice to the occupant and user of the premises and the owner of the premises. Section 2. JOINT AND SEVERAL LIABILITY. The occupant and user of the premises receiving sewer services and the owner of the premises shall be jointly and severally liable to pay for such services rendered on the premises. The City shall have the power to sue the occupant or the owner, or both, of the real estate in a civil action to receive any sums due from such services, plus a reasonable attorney's fee to be fixed by the court. Section 3. RECONNECTION CHARGES. If sewer service has been disconnected or discontinued for nonpayment of a bill, no sewer service will be reconnected or continued for the occupant and user of the pre,~,ises or the owner of the premises until all delinquencies have been paid in full. No person, firm or corporation responsible for an unpaid and delinquent sewer bill will be eligible to receive sewer service at any locationwithin the corporate limits of the City of Riverside unless and until all unpaid and delinquent sewer bills for which that person, firm or corporation is responsible have been paid in full. In addition to such amounts, a reconnection fee in an amount sufficient to reimburse the City for any disconnection costs and reconnection expenses incurred by the City shall be paid before any service is continued or reconnected. Section 4. LIEN IMPOSED UPON PREMISES. Any user charges, connection fees, or other charges levied by the City shall, if not paid by the due date, become delinquent and shall be a lien upon the land and premises within the corporate limits of the City of Riverside for which the sewer charges and fees were incurred. To create the lien, the Board of Aldermen shall cause to be filed with the Recorder of Deeds of the County of Platte a Notice of Delinquency. A copy of the notice to be filed with the Recorder of Deeds shall be sent to the last known address of the occupant and user of the premises and to the last known address of the owner of the premises. The lien hereby created may be enforced by the City by suit or foreclosure. When the delinquent amounts, plus interest and any recording fees or attorney's fees have been paid in full, the Board of Aldermen shall cause to be filed with the Recorder of Deeds of Platte County a Notice of Lien Release. Section 5. NOTICES. Any notice required under this Section shall be deemed given when deposited by the City in the United States mail, first class, postage pre-paid, addressed to the last address appearing in the City records for the occupant and user of the premises or for the owner of the premises. Section 6. SEVERABILITY. Should any Section, sentence or clause of this ordinance be declared invalid or unconstitutional, such declaration shall not affect the validity of the remaining Sections." Section 2. This ordinance shall become effective May 1, 1991. Section 3. All provisions of the Code of the City of Riverside, Missouri which are inconsistent herewith are hereby repealed and the Code of the City of Riverside is deemed amended to conform with this ordinance. The City Clerk is directed to incorporate the provisions of this ordinance into the appropriate Sections of the City Code. PASSED THIS ~~/y1 DAY OF , 19~L. ~GCJC-A~~ MAYOR ATTEST: c CITY CLERK APPROVED THIS p~~~DAY OF ~~ MAYOR 19~