If rates and charges are not paid within the time fixed by the governing body, the rates and charges become delinquent, and a penalty of ten percent (10%) of the amount of the rates and charges attaches to the rates and charges. The governing body may recover:

1. (1) the amount due;
2. (2) the penalty; and

3. (3) reasonable attorney's fees;

   in a civil action in the name of the district.

As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.