§ 36-207. Billing procedures and penalties for late payment.

(a)

Rate and collection schedule. The stormwater user fee shall be set at a rate, and collected on a schedule, established by resolution. The stormwater user fee shall be paid in accordance with procedures and rules established by Memphis Light Gas and Water Division (MLGW), with the same deposited directly into the stormwater fund minus the agreed upon collection fee set by agreement between the county and MLGW.

(b)

Penalties for late payment. Stormwater user fees shall be subject to a late payment fee established by MLGW procedures and rules.

(c)

Legal action. The county shall be entitled to recover attorney's fees and expenses, including court costs, incurred in collecting delinquent stormwater user fees, including late fees. The county and MLGW are authorized to file suit to recover any unpaid amounts due under this article.

(d)

Mandatory statement. Each bill for stormwater user fees shall contain the following statement in bold type:

"THIS TAX HAS BEEN MANDATED BY CONGRESS"

(e)

Dispute resolution and appeal. Payment of the stormwater user fees will not be deemed late if a dispute resolution form or appeal form is filed by the water meter customer of record in accordance with sections 36-208 and 36-209.

(1)

Late payment fees will apply, however, if the stormwater fund manager finds the stormwater user fees have been properly assessed and no adjustment is required. Late payment fees will also apply if the board of stormwater appeal upholds the decision of the stormwater fund manager.

(2)

If applicable, late payment fees shall be assessed from the date the stormwater user fees were originally due.

(Ord. No. 378, exh. A, 8-3-2009)

State law reference

Notice of federally mandated charges, T.C.A. § 68-221-1112.