Bill Text: NC H1736 | 2010 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Local Delinquent Sewer Fees

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2010-07-07 - Ch. SL 2010-59 [H1736 Detail]

Download: North_Carolina-2010-H1736-Enrolled.html

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GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

 

 

HOUSE BILL 1736

RATIFIED BILL

 

 

AN ACT to authorize the city of locust and the towns of new london and stanfield to attach personal property, garnish wages, and place liens on certain real property to collect unpaid fees for sewer services.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  A city may adopt an ordinance providing that a fee charged by the city for sewer services and remaining unpaid for a period of 90 days may be collected in any manner by which delinquent personal or real property taxes can be collected. If the ordinance states that delinquent fees may be collected in the same manner as delinquent real property taxes, the delinquent fees are a lien on the real property owned by the person contracting with the city for the service, and the ordinance shall provide for an appeals process. If a lien is placed on real property, the lien shall be valid from the time of filing in the office of the clerk of superior court of the county in which the service was provided and shall include a statement containing the name and address of the person against whom the lien is claimed, the name of the city claiming the lien, the specific service that was provided, the amount of the unpaid charge for that service, and the date and place of furnishing that service. A lien on real property is not effective against an interest in real property conveyed after the fees become delinquent if the interest is recorded in the office of the register of deeds prior to the filing of the lien for delinquent water or sewer services.  No lien under this act shall be valid unless filed in accordance with this section after 90 days of the date of the failure to pay for the service or availability fees and within 180 days of the date of the failure to pay for the service or fees. The lien may be discharged as provided in G.S. 44‑48.

The city shall adopt an appeals process providing notice and an opportunity to be heard in protest of the imposition of such liens. The county tax office, once notified of the city's lien, shall include the lien amount on any tax bills printed subsequent to the notification. The county tax office shall add or remove liens from the tax bill at the request of the city (such as in the case of an appeal where the city decides to cancel the lien).

SECTION 2.  This act applies to the City of Locust and to the Towns of New London and Stanfield.

SECTION 3.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 7^th day of July, 2010.

 

 

 

 

                                                                        _____________________________________

                                                                         Walter H. Dalton

                                                                         President of the Senate

 

 

 

 

                                                                        _____________________________________

                                                                         Joe Hackney

                                                                         Speaker of the House of Representatives