§ 28-28. Stormwater drainage utility fee collection.

(a)

Any charge due hereunder which shall not be paid when due may be recovered in an action at law by the City of Cocoa Beach. In addition to any other remedies or penalties provided by any ordinance or resolution of the city, failure of any user of city utilities within the City of Cocoa Beach to pay said charges promptly when due shall subject such user to discontinuance of utility services and the city manager of the city is hereby empowered and directed to enforce this provision as to any and all reasonable times, have access to any premises served by the city for inspection, repair or the enforcement of the provisions of this article.

(b)

All stormwater drainage utility fees assessed shall be a lien upon the property to which such fee is associated from the date said fee becomes due until such fee is paid. The owner of every building, premise, lot or house shall be obligated to pay the fee for all service provided for these premises, which obligation may be enforced by the city by action at law or suit to enforce the lien in the same manner as the foreclosure of mortgages. In the event of such action, the city shall be entitled to recover all court costs and reasonable attorney fees for such collection. In the case that a tenant in possession of any premises or buildings shall pay said charges, it shall relieve the land owner from such obligation and lien; but the city shall not be required to look to any person whatsoever other than the owner for the payment of such charges. No changes of ownership or occupancy shall affect the application of this article, and the failure of any owner to learn that he purchased property against which a lien for stormwater utility fees exists shall in no way affect his responsibility for such payment.

(Ord. No. 1355, § 2, 4-17-2003; Ord. No. 1527, § 5, 3-3-2011)