§ 40-523. Stormwater user fee charge billing, delinquencies, collections, adjustments.

Failure to receive a stormwater utility bill is not justification for non-payment. The property owner, as identified from public land records of Habersham County, shall be obligated to pay the appropriate stormwater user fee charge for that property.

(1)

Billing.

a.

A bill for stormwater user fee charges may be sent through the United States Postal Service or by alternative means, notifying the owner of the property being billed of the amount of the stormwater user fee charge, less credits, the date the payment is due and the date when payment is past due.

b.

The stormwater user fee charge will be billed and collected as deemed most effective and efficient by ordinance of the city commission.

c.

Frequency of the billing of stormwater user fee charges shall be specified by ordinance of the city commission.

d.

Failure to receive a bill shall not be justification for nonpayment. Regardless of the party to whom the bill is initially directed, the owner of each developed property subject to stormwater user fee charges shall be obligated to pay stormwater user fee charges and any interest on delinquent stormwater user fee charge payments.

e.

If a property is unbilled, or if no bill is sent for a particular tract of improved property, the Cornelia Stormwater Utility may back bill for a period of up to one year, but shall not be entitled to any interest or any delinquency charges during the back billed period.

(2)

Delinquencies and collection.

a.

Unpaid stormwater service fees shall be collected by filing suit to collect on an unpaid account and by using all methods allowed by Georgia law to collect on any judgment obtained thereby, including enforcement of any lien resulting from any such judgment. Unless reduced to a judgment and a writ of fieri facias issued, the unpaid user fee charge shall not constitute a direct lien against the property.

b.

A late charge of ten percent of the amount due per year shall be assessed against the party responsible for the unpaid balance of any stormwater utility user fee charge that becomes delinquent in accordance with applicable state law. In addition, the city shall assess all costs of collection, including attorney's fees and court costs, against the party responsible for payment of the stormwater user fee charge.

(3)

Adjustments. The city manager shall administer the procedures and standards for the adjustment of the stormwater user fee charge.

a.

If a customer believes their stormwater user fee is incorrect, the customer may seek an adjustment of the stormwater user fee charge allocated to a property at any time by submitting the request in writing to the city manager and setting forth in detail the grounds upon which relief is sought.

b.

Customers requesting the adjustment shall be required, at their own expense, to provide supplemental information to the city manager, including, but not limited to, a survey certified by a registered land surveyor or a professional engineer. Submittal of this information will be required if the city staff cannot make a determination based on field inspection and/or review of existing city aerial photography. Failure to provide the required information within the time limits established by the city manager, as may be reasonably extended, may result in denial of the adjustment request.

c.

Once a completed adjustment request and all required information are received by the city manager, he or she shall have 30 calendar days within which to render a written decision. If the city manager fails to render a decision within 30 days, the adjustment request shall automatically be deemed denied, but said denial shall be subject to appeal to the city commission as set forth in this article. Concurrent payment of any charges allocated to the property is not required as a condition precedent to this request for review.

d.

In considering an adjustment request, the city manager shall consider whether the calculation of the stormwater utility user fee charge for the property is correct.

e.

The city manager's decision shall be in writing and will be mailed to the address provided on the adjustment request, and service shall be complete upon mailing.

f.

If the result of an adjustment is that a refund is due the applicant, the refund will be applied as a credit on the applicant's next stormwater bill.

(Ord. No. 09-16-01, 10-4-2016)