§ 13.37.070. Enforcement and penalties.

A.

Owner liable for fee. In the event any owner or owners of any lot, parcel of land, or any real property within the legal boundaries of the city shall neglect, fail, or refuse to pay the service fees fixed pursuant to this chapter, such owner shall be liable to the city therefor and the city may pursue any remedy available at law or equity to enforce and collect the fee. The city may also recover, in addition to fees due, all court cost, attorney fees, and interest on the amount owing.

B.

Lien declared; certification. The city council hereby finds and determines that it is the policy of the city that all stormwater facilities supplied and furnished by the city and supported by the service fee shall be deemed to be supplied and furnished to the real property so served without regard to the actual person, business, organization or entity billed for stormwater facilities. Accordingly, in addition to other civil collection procedures, all fees and charges, together with all interest and penalties for default in payment, and all costs in collecting the same, until paid, shall constitute a perpetual lien on the property, on a parity with the tax lien of general, state, county, city, town, or school taxes, and no sale of such property to enforce any general, state, county, city, town or school tax or other liens shall extinguish the perpetual lien for such fees, charges, interest, penalties, and costs. All delinquent service fees and any accrued surcharges shall be certified by the finance director to the county treasurer, pursuant to Section 31-20-105, C.R.S., as amended, and collected and paid over to the county treasurer in the same manner as taxes.

C.

Delinquency charges. Delinquent charges and fees may be collected as any other utility bill owed to the city at the option of the city.

D.

Remedies cumulative. No remedy provided herein shall be exclusive, but the same shall be cumulative; and the taking of any action hereunder shall not preclude or prevent the taking of other action hereunder to enjoin any violation of that ordinance.

(Ord. No. 1503-2006, § 1, 11-21-2006)