A. The Auditor shall establish a collections process and shall
be authorized to:
1. Establish in writing, rules and procedures to carry out
provisions of this Section. Maintain a record of the rules and
procedures and make the rules available to the public.
2. Establish fees including a billing and rebilling fee to
recover the cost of collecting the delinquent lien amount;
3. Establish penalties and increases in the interest rate to
encourage early payment of delinquent lien accounts; and
4. Report delinquent lien accounts to a credit rating bureau
to encourage payment if directed by the Department of Environmental Quality
and the Council.
B. The Auditor will notify the Bureau of Environmental Services
when an account becomes 60 days past due. The collection process shall
begin after the account becomes 90 days past due. The Bureau of
Environmental Services may delay the collection process up to 12 months if it
notifies in writing to the Auditor and the Department of Environmental
Quality. Such notification will include the account number, the principal
balance, the past due amount, and the extenuating circumstances that would
justify a delay in the collection process. The collections process at a
minimum shall include the following steps:
1. The property owner and mortgage holder shall be notified of
the delinquent assessment or connection charge for each of three months prior
to the sale.
2. The notice shall state that if the account is not brought
current, the property will be sold at a foreclosure sale.
3. The Department of Environmental Quality shall be given a
copy of the foreclosure list at least three months before the
sale.
C. A one-time penalty equal to one-half of one percent (.005) of
the principal balance shall be added to the amount due at the date any
assessment or installment payment becomes delinquent. The penalty
accumulates with each installment payment until the lien is brought current or
paid in full.
D. Interest shall be added to delinquent liens and shall be
calculated daily based on the amount of the unpaid principal balance and the
interest rate set by the installment contract.
E. The Auditor may waive delinquent interest, penalties and
charges if a delay in receiving payment is caused by an oversight, omission or
error by City staff.
F. The Auditor is authorized to void the installment payment
provisions of a sewer safety net contract, as follows:
1. After a sewer safety net assessment becomes delinquent and
prior to the Auditor placing the property on the foreclosure list, the Auditor
may void the installment payment provisions and require the property owner to
renegotiate new installment payment arrangements.
2. After a sewer safety net assessment becomes delinquent and
the Auditor has placed the property on the foreclosure list, the Auditor shall
void the installment payment provisions and require the property owner to
renegotiate new installment payment arrangements.
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