(1) Except as the charges may be reduced under subsection 6.416(3), the obligation to pay stormwater service charges arise when a person responsible uses stormwater services. It is presumed that stormwater services are used whenever there is an improved premises.

(2) Unless another person responsible has agreed in writing to pay and a copy of that writing is filed with the city, the person(s) paying water utility charges shall pay the stormwater service charges. If there is no water service to the property or if water service is discontinued, the stormwater service charges shall be paid by the person(s) having the right to possess the property. The stormwater service charges shall be set by the city manager using the procedures, criteria and limitations set out in section 6.411 of this code. The city manager shall review and determine the monthly charges for stormwater service on at least an annual basis.