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The City of Millersburg is hereby directed to collect the fees and charges provided in this chapter from each owner or tenant of property which disposes of wastewater, whether in the City system or otherwise, and monthly each owner or tenant shall be charged the rates set forth in accordance with the provisions of MMC 10.10.070 and 10.10.080.

(1) Administrative Costs. The administrative costs for collection of all fees and charges shall be paid from the sewer fund.

(2) Delinquency. Such sewer use charges or sewer system development charges levied in accordance with this chapter shall be a debt due to the City and shall be a lien upon the property. If this debt is not paid within 30 days after it is due and payable, it shall be deemed delinquent and may be recovered by civil action in the name of the City against the property owner, the person, or both. Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating the debt due.

(3) Means of Collection – Interest. Should the City find it necessary to collect any delinquent fees or charges for sewer connection or sewer use, it shall be entitled to use any means provided by the laws of the State or permitted by the Charter and ordinances of the City, or any delinquencies in payment of either sewer system development charges or sewer use charges may be certified to the Tax Assessor of Linn County for collection in the manner and as provided by ORS 454.225. Fees and charges which are delinquent shall draw interest at nine percent per annum. Interest shall not be charged if the account is brought current within 60 days of becoming due and payable. If not so paid, interest shall accrue from the date the debt is due. Any interest charge due hereunder which is not paid when due may be recovered in an action at law by the City.

(4) Penalty for Certification. In the event it becomes necessary to certify the service charges established because of the nonpayment therefor, there shall be added to the charges a penalty in the amount of 10 percent thereof and the same shall bear, when certified, interest at the rate of nine percent per annum from the date of such certification.

(5) Hearing Rights. Customers shall have the opportunity, if they do not agree with the billing, to have a hearing on their account. The hearing shall be held by a hearings officer appointed by the City Manager. The hearings officer’s decision shall be binding. Notice to the utility by the customer of his/her request for a hearing must be given in writing with an explanation of why the customer feels that the bill is incorrect. If a hearing is held and the hearings officer finds in favor of the customer, any or all appropriate charges may be returned to the customer or customer’s account based upon his/her findings. (Ord. 156, passed 8-13-2019)