(1) Fee established. Subject to the provisions of this article, there is hereby imposed on each and every developed property, other than exempt property, and the owners and nonowners thereof, a stormwater fee. In the event the owner and nonowner users of a particular Developed property are not the same, the liability for each owner and nonowner users for the stormwater fee attributable to the developed property shall be joint and several. The stormwater fee shall be a monthly or annual service charge and shall be determined by the provisions of this section and the ERU and ERU rate which shall be established and changed from time to time by resolution adopted by the Cape Canaveral City Council.

(2) Computation. The stormwater fee will be computed for each water utility user located within the stormwater service area by multiplying the number of ERUs attributable thereto by the ERU rate; provided however that the ERU rate shall be reduced, if necessary, to ensure that the aggregate stormwater fees within the stormwater service area do not exceed the stormwater service cost.

(3) Stormwater fee roll. The stormwater utility director is hereby directed to prepare, or direct the preparation of, the preliminary stormwater fee roll in the manner provided in this article. A copy of this resolution and the preliminary stormwater fee roll shall be maintained on file in the office of the stormwater utility director and open to public inspection. The foregoing shall not be construed to require that the stormwater fee roll be in printed form if the amount of the stormwater fee for each tax parcel can be determined by use of an available computer terminal.

(4) Method of collection. The stormwater fee for metered property shall be billed and collected separately on a monthly basis with the monthly utility bill for those properties utilizing city utilities; and billed and collected separately for those properties not utilizing other city utilities. All such bills for stormwater fees shall be rendered monthly by the city. The stormwater fee for those properties utilizing city utilities is part of a consolidated statement for utility customers which is generally paid by a single payment. In the event that a partial payment is received, the payment shall be applied pro rata to each account billed on the consolidated statement in the proportion that an individual account bears to the total consolidated statement of all current charges for all accounts, unless otherwise approved by the city council. The stormwater fee for unmetered property shall be billed annually. All bills for stormwater fees shall become due and payable in accordance with the city's rules and regulations of the finance department pertaining to the collection of the stormwater fees.

The city shall be entitled to recover all reasonable attorney's fees and costs incurred in collecting delinquent stormwater fees. Any charge due hereunder which is not paid when due may be recovered in an action at law by the City of Cape Canaveral. In addition to any other remedies or penalties provided by this article or any other ordinance of the City of Cape Canaveral, failure of any user of city utilities within the city to pay said charges promptly when due shall subject such user to discontinuance of utility services and the city manager of the city, or the city manager's designee, is hereby empowered and directed to enforce this provision as to any and all delinquent users. the employees of the city shall, at all reasonable times, have access to any premises served by the city for inspection, repair or the enforcement of the provisions of this article.

All stormwater fees imposed pursuant to this article 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[s], lot, or house shall be obligated to pay the fee for all service provided under this article, 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 building 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 occupation shall affect the application of this article, and the failure of any owner to learn that property was purchased with an existing lien for outstanding stormwater fees shall in no way affect the owner's responsibility to pay the amount of said lien.

(5) Appeal of dwelling unit and impervious surface calculation. Any person disagreeing with the calculation of the stormwater fee, as provided in the section, may appeal such determination to the stormwater utility director. Any appeal must be filed in writing and shall include a survey prepared by a registered surveyor showing dwelling units, total property area, impervious area or nonresidential developed area, as appropriate. The stormwater utility director may request additional information from the appealing party. Based upon the information provided by the utility and appealing party, the director shall make a final calculation of the stormwater fee. The director shall notify the parties, in writing, of the director's decision. If still dissatisfied, a party may request, in writing, a review by the city manager of the director's decision. Such request may cite specific error by the director and the calculation which the party feels is correct. The city manager shall review the record presented and render a written decision as soon as practical. The city manager may request additional information from either party. If still dissatisfied, a party may appeal the city manager's decision to the city council in the same manner as preceding. The decision of the city council shall be final.