(a) The city council finds and determines that it is the policy of the city that all drainage services provided by the city shall be deemed to be provided to the real property so served without regard to the actual person billed for storm drainage services.

(b) All unpaid drainage basin development and monthly usage fees are declared to be delinquent 40 days after the payment due date. There is declared to be a lien on the real property so served in the amount of such unpaid fees, together with an administrative fee not to exceed 10 percent of the total amount of unpaid fees and rates. All liens created by this section shall relate back to the time drainage services were provided to the real property. Such penalty and interest shall be assessed at a rate equivalent to that which is assessed upon delinquent general property taxes under state law.

(c) The city clerk is authorized and empowered to certify to the treasurer of the appropriate county the legal description of the real property so served, together with the amount of the delinquent fees attributable to the property. Certification of the unpaid fees and rates to the county treasurer shall serve as notice to the property owner of said delinquency. The lien created by this section of the code shall be a first lien upon the subject property and shall be superior to all other liens, or claims against such property of whatever kind or nature regardless of the date except any lien for general property taxes or special improvement district assessments. Upon receipt of said certification, the county treasurer shall proceed to collect such unpaid fees and rates generated in the same manner as general property taxes.

(d) The provisions of this section for the collection of delinquent drainage basin development and monthly usage fees shall be in addition to any other remedies for the collection of such fees authorized by rule or regulation promulgated by the general manager. (Code 1979, § 17-21; Ord. No. 2023-44, § 44, 9-11-2023; Ord. No. 2015-25, § 23, 6-29-2015; Ord. No. 2005-74, § 1, 10-10-2005; Ord. No. 96-28, § 1, 7-22-1996)