Sewer service charges shall be billed to each
user on a calendar quarter basis (or more frequently if so determined
by the Commission). Such charges shall be payable not later than 20
days after the date of the bill, unless time for payment has been
extended.
A penalty equal to 1.5% per month of the delinquent amount shown on any bill for services shall be added to all bills not paid by the date fixed therein for final payment. In the event the amount of the bill is placed on the tax rolls pursuant to § 312-61B hereof, an additional penalty of 10% shall be imposed for each tax statement so issued.
A.
Suit. Sewer service charges, connection fees or other
charges due from any person or user shall be deemed to be a debt due
from that person or user. If sewer service charges, connection fees
or other charges are not paid when due, the Commission may commence
an action in a court of competent jurisdiction and recover from such
person or user the amount of charges or fees, and damages, if any,
sustained as a result of such failure to pay, together with attorney
fees incurred in collecting said sums, court costs and such other
costs and expenses as may be allowed by law.
B.
Lien on property. As an alternative to Subsection A hereof, the Commission may direct that unpaid sewer service charges, connection fees or other charges due from any person or user shall be collected and taxed and shall be a lien upon the property served in the manner provided for in s. 66.076(7), Wis. Stats., as amended from time to time.
The obligation for payment of sewer service
charges, connection fees or other charges shall be a joint and several
obligation of the user and property owner, where the user and property
owner are not the same person. To the end that there may be attempts
at avoidance of payment of such charges and fees by non-property-owner
users, and to overcame the same, a bill may be sent for such a user
in care of the property owner.
All remedies provided for in this Part 2 are
distinct and cumulative to any other right or remedy under this Part
2 or any other ordinance of the Village or afforded by law or equity
and may be exercised by the Commission or Village concurrently, independently
or successively.
The amounts received from the collection of
sewer service charges authorized by this Part 2 shall be credited
to the sanitary sewerage account, which shall show all receipts and
expenditures of the sewerage system. Charges collected for replacement
expenses shall be credited to a segregated, nonlapsing replacement
account. These funds are to be used exclusively for replacement. When
appropriated by the Commission, the credits to the sanitary sewerage
account shall be available for the payment of the requirements for
operation, maintenance, repairs and depreciation of the sewerage system
consistent with 40 CFR 35.929. Any surplus outside the purview of
40 CFR 35.929 in said account shall be available for the payment of
principal and interest of obligations issued and outstanding, or which
may be issued, to provide funds for said sewerage system, or part
thereof, and all or a part of the expenses for additions and improvements
and other necessary disbursements or indebtedness, and the Commission
may resolve to pledge such surplus or any part thereof for any such
purpose. All present outstanding sewer system obligations, including
refunding obligations, shall be paid from this fund as to both principal
and interest, unless otherwise required by law.
Excess revenues, as determined by the Commission
in its sole discretion and as collected from a user class, will be
applied to operation and maintenance costs attributable to that class
for the next year.
