|
<br /> A. Owner liable for fee. In the event any owner or owners of any lot, parcel of land, or
<br /> any real property within the legal boundaries of the City shall neglect, fail, or refuse to pay the
<br /> service fees fixed pursuant to this Chapter, such owner shall be liable to the City therefor and the
<br /> City may pursue any remedy available at law or equity to enforce and collect the fee. The City may
<br /> also recover, in addition to fees due, all court cost, attorney fees, and interest on the amount owing.
<br /> B. Lien declared: certification. The City Council hereby finds and determines that it is
<br /> the policy ofthe City that all stormwater facilities supplied and furnished by the City and supported
<br /> by the service fee shall be deemed to be supplied and furnished to the real property so served without
<br /> regard to the actual person, business, organization or entity billed for stormwater facilities.
<br /> Accordingly, in addition to other civil collection procedures, all fees and charges, together with all
<br /> interest and penalties for default in payment, and all costs in collecting the same, until paid, shall
<br /> constitute a perpetual lien on the property, on a parity with the tax lien of general, state, county, city,
<br /> town, or school taxes, and no sale of such property to enforce any general, state, county, city, town or
<br /> school tax or other liens shall extinguish the perpetual lien for such fees, charges, interest, penalties,
<br /> and costs. All delinquent service fees and any accrued surcharges shall be certified by the Finance
<br /> Director to the County Treasurer, pursuant to Section 31-20-105, C.R.S., as amended, and collected
<br /> and paid over to the County Treasurer in the same manner as taxes.
<br /> C. Delinquencv charges. Delinquent charges and fees may be collected as any other
<br /> utility bill owed to the City at the option of the City.
<br /> D. Remedies cumulative. No remedy provided herein shall be exclusive, but the same
<br /> shall be cumulative; and the taking of any action hereunder shall not preclude or prevent the taking
<br /> of other action hereunder to enjoin any violation of that ordinance.
<br /> Section 2. If any portion of this ordinance is held to be invalid for any reason, such
<br /> decisions shall not affect the validity ofthe remaining portions of this ordinance. The City Council
<br /> hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact
<br /> that anyone part be declared invalid.
<br /> Section 3. The repeal or modification of any provision of the Municipal Code of the City of
<br /> Louisville by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part
<br /> any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such
<br /> provision, and each provision shall be treated and held as still remaining in force for the purpose of
<br /> sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the
<br /> penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order
<br /> which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions.
<br /> Section 4. All other ordinances or portions thereof inconsistent or conflicting with this
<br /> ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.
<br /> INTRODUCED, READ, PASSED ON }'IRST READING, AND ORDERED PUBLISHED
<br /> this 8th day of November, 2006.
<br /> - 6-
<br />
|