§ 18-110. Stormwater utility fee billing, delinquencies, collections, abatements.

(a)

Failure to receive a stormwater utility bill is not justification for nonpayment. The property owner, as identified from public land records of the city, shall be obligated to pay the appropriate stormwater utility fee for that property. If a property is unbilled, or if no bill is sent for a particular parcel of developed land, the city may back bill for the fees as applicable for a period not to exceed one year of charges, but no late fees or delinquency charges of any kind shall be charged or recovered from any property owner so back billed.

(b)

Stormwater utility bills shall be committed to the city collector for collection. The city collector shall notify the superintendent of public works monthly of the amounts collected, and shall keep records of all paid and unpaid stormwater utility bills.

(c)

In any case of nonpayment of a stormwater utility bill for 60 days after the same is due, the city collector shall send a notice to the delinquent, and shall inform the superintendent of public works in writing that such notice has been sent.

(d)

In accordance with the authority granted by M.G.L.A. c. 83, §§ 16A through 16F, charges for the stormwater utility fee, together with interest thereon and costs relative thereto, shall be a lien upon the real estate for which the charge was billed. Such lien shall take effect by operation of law on the day immediately following the due date of such charge and, unless dissolved by payment or abatement, shall continue until such charge has been added to or committed as a tax in accordance with the requirements of M.G.L.A. c. 83, § 16C, and thereafter, unless so dissolved, shall continue as provided in M.G.L.A. c. 60, § 37.

(e)

In addition to the method of collection specified in M.G.L.A. [c. 83,] §§ 16A through 16F, the overdue charge may be collected through any other lawful means.

(f)

In the event that a property owner believes the stormwater utility fee is improperly calculated or is otherwise incorrect, the property owner may, within 30 days from the date of issuance of the stormwater utility bill, and after payment of the bill in full, apply to the DPW for an abatement. The application for abatement shall be supported by such information as is necessary for a reasonable person to conclude that it is more likely than not that the billing is in error. The DPW shall have 60 days to consider the request for abatement and render a written decision which may deny the abatement, grant the abatement in full or grant the abatement in part.

(Ord. No. 1623, 4-2-15)