(a) Billing. A storm water user fee shall be imposed on all real estate parcels and lots within the boundaries of the Town of St. John based upon the Lake County Property Class Code for real property, according to the service address for each parcel or lot's taxpayer ID number, which charge shall be assessed against the owner thereof, who shall be considered the Storm Water Department customer/user for the purposes of this section.

(b) Storm Water User Fee. The storm water user fee is deemed reasonable and is necessary to fund the implementation of the Department's drainage and storm water projects, responsibilities, and programs, including: all MS4 compliance and administration; installation, repair, replacement, improvement, operation, regulation, cleaning and maintenance of the Town's storm sewer system, and future planning and capital improvement of same; cleaning and maintenance of all drainage ditches in the Town, including all legal drains; drywell installation, cleaning, and maintenance; catch basin installation, cleaning, and maintenance; maintaining other Town drainage facilities, including street gutters; street sweeping; addressing surface water flooding and standing water complaints; implementing the required elements of the EPA- and IDEM-mandated MS4 storm water management program, and paying the administrative and salary costs for individuals who provide services to the storm water utility and provide consultation regarding the regulations affecting such system and/or for the Board.

(c) User Fee Structure. The user fees shall be assigned monthly as follows:

The Board will reevaluate the fee schedule if there is a new property class code added to the assessments in the Town. As new property class codes are added, an appropriate user fee will be set and charged. As well, the user fees will be evaluated on at least a biannual basis as to their sufficiency to satisfy the needs of the Department.

(d) Exempt Properties—Federal, State, City and County Roadways. Streets, roads and highways owned by federal, state, city and/or county authorities shall be exempt from the storm water utility user fee. They form an integral part of the storm water system. These primary elements of the drainage system yield community-wide benefits and are installed to service the general public interests.

(e) Billing and Payment of User Fees. The user fees prescribed in this schedule shall be collected through a charge appearing on the semiannual tax bill of each affected property owner of the Town, and distributed to the Department as such. One-half (1/2) of the annual fee will appear on each semiannual tax bill. The fees shall be imposed and first collected through the semiannual tax bill for tax year 2023 payable in 2024, first installment, and continue semiannually thereafter, due and payable on each due date stated on the tax bill.

It shall be a violation of this section to fail to pay a storm water user fee when due. All bills for storm water user fees not paid on or before the due date shall be subject to a collection or delinquent payment charge as imposed by the Lake County Treasurer and shall be reflected on the Lake County Treasurer's tax bill. As well, nonpayment may result in the property or land being made eligible for the Lake County Treasurer's tax sale. Delinquent storm water user fees may be collected in a civil action by the Town or Lake County Treasurer, and the Town or Lake County Treasurer shall be permitted to collect its reasonable attorney's fees and court costs incurred in connection with such collection efforts.

(f) Storm Water Fund. The Clerk-Treasurer is to establish a "Storm Water Operating Fund" for the Town of St. John, which shall be a nonreverting fund. All revenues and fees collected for the storm water utility user fee, including, but not limited to, storm water user fees and interest earnings on any unused funds, shall be deposited in the St. John "Storm Water Operating Fund." Disbursements from this fund must be authorized by the Board. Such disbursements will be used to fund the implementation of all its drainage and storm water projects, responsibilities, and programs, including: MS4 compliance, installation, cleaning, and maintenance of storm sewers; cleaning and maintenance of all drainage ditches in the Town, including all legal drains; drywell installation, cleaning, and maintenance; catch basin installation, cleaning, and maintenance; maintaining other Town drainage facilities, including street gutters; street sweeping; addressing surface water flooding and standing water complaints; and implementing the required elements of the EPA- and IDEM-mandated MS4 storm water management program. The Town of St. John will not fund storm water system infrastructure improvements or enforcement of subdivision covenants that are the responsibility of the property owner(s), subdivider and/or developer as identified in the St. John Municipal Code, such as retention and detention basins. These funds will be expended in accordance with applicable Indiana law and rules and applicable provisions of the St. John Municipal Code. Monies from this fund shall not revert to any other Town fund and may not be transferred for any other purpose, except as permitted by applicable Indiana law. The fund shall exist in perpetuity or until such time as the Department of Storm Water Management has been dissolved consistent with Indiana law at which time any monies held in said fund shall be transferred to the Town of St. John's general fund after payment of any and all debt, fees, expenses or charges that may then be owing for the management, operation, maintenance, repair or improvement of the Town's storm water system.