§ 54-153. Alternative collection method.

In the event the water impact fee is not paid prior to physical connection to the city water system, the city shall proceed to collect the water impact fee as follows:

(a)

The city shall serve, by certified mail, return receipt requested, a notice of impact fee statement upon the owner at the address appearing on the most recent records maintained by the property appraiser of the county in which the property is located. Service shall be deemed effective on the date the return receipt indicates the notice was received by either the applicant or the owner. The notice of impact fee statement shall contain a reasonable legal description of the property and shall advise the applicant and owner that:

(1)

The amount due and the general purpose for which the water impact fee was imposed;

(2)

A hearing pursuant to section 54-160.7 may be requested within 30 calendar days from the effective date of service of the notice of impact fee statement, by making application to the office of the city manager.

(b)

The water impact fee shall be delinquent if, within 30 calendar days from the effective date of service of the notice of impact fee statement, neither the water impact fee has been paid and received by the city nor has a review hearing been requested pursuant to section 54-160.7. In the event a hearing is requested pursuant to section 54-160.7, the unpaid water impact fees shall become delinquent if not paid within 30 days from the date the city commission determines the amount of water impact fees due upon the conclusion of such a hearing. Upon becoming delinquent, the water impact fee shall be subject to interest on the unpaid amount at the statutory rate for final judgments on a calendar day basis until paid.

(c)

In the event the water impact fee becomes delinquent, the total amount of unpaid water impact fees plus any applicable interest shall be added to the owner's monthly bill for water service and shall be paid as a condition of service.

(d)

At the city's discretion, any delinquent water impact fees may be collected by any other method which is authorized by law, including, but not limited to, lien foreclosure proceedings.

(Ord. No. 07-23, § 6.08, 12-17-2007)