[Adopted 9-23-1985 by Ord. No. 10A-1985 (Part 82 of the 1991
Compilation of Ordinances)]
This Part 1 may be cited and referred to as the "Cascade Charter
Township Collection of Delinquent Sewer and Water Charges Ordinance."
By contract between the Township and the City of Grand Rapids
dated May 13, 1967, as amended, the City certifies and assigns to
the Township delinquent accounts for sewer and/or water service or
connection charges for collection.
Upon such assignment, the same shall constitute a lien against
the premises, as provided in Act 94 of Public Acts of 1933, as amended.[1]
[1]
Editor's Note: See MCLA § 141.101 et seq.
[Amended 8-14-1989 by Ord. No. 11-1989]
Any such charges, together with any charges for which a lien
arises pursuant to Act 178 of Public Acts of Michigan of 1939, as
amended ("Act 178"),[1] delinquent for six months or more, together with the interest
and penalties thereon remaining unpaid on the first day of September
following the date when such charges are assigned to the Township
by the City of Grand Rapids or arise under Act 178, shall be certified
by the Township Treasurer to the tax assessing officer of the Township
who shall enter the delinquent charges, interest, and penalties upon
the next tax roll as a charge against the premises affected, and such
charge shall be collected and the lien thereon enforced in the same
manner as ad valorem property taxes levied against such premises.
[1]
Editor's Note: See MCLA § 123.161 et seq.
The Township may also exercise and avail itself of any other
remedies provided by law to collect such delinquent charges.
[Added 8-14-1989 by Ord. No. 11-1989]
A.
If charges
are delinquent, the Township, pursuant to Act 178 of the Public Acts
of Michigan of 1939, as amended, may:
(1)
Discontinue
the service provided by the system by disconnecting the sewer service
or water service, and the service so disconnected shall not be reinstated
until all sums then due and owing, including penalties, interest and
all expenses incurred by the Township of shutting off and turning
on the service, shall be paid to the Township;
(2)
Institute
an action in any court of competent jurisdiction of the collection
of the amounts unpaid, including penalties, interest and reasonable
attorney fees; or
B.
These remedies
shall be cumulative and shall be in addition to any other remedy provided
in this Part 1 or now or hereafter existing at law or in equity.
C.
Under no
circumstances shall action taken by the Township to collect unpaid
charges, penalties, and interest, invalidate or waive the lien created
by this Part 1 or Act 178.
