Chapter 3.28
UTILITY SERVICES LIENS
Sections:
3.28.010 Liens for electrical, water, sewage and refuse services – Residential accounts.
3.28.020 Liens for electrical, water, sewage and refuse services – Commercial accounts.
3.28.010 Liens for electrical, water, sewage and refuse services – Residential accounts.
The city shall have a lien against the premises to which electric light or power, water, sewage and/or refuse services were furnished for four months, charges therefor due or to become due, but not for any charges more than four months past due; provided, that the owner of the premises or the owner of a delinquent mortgage thereon may give written notice to customer service to cut off service to such premises, accompanied by payment or tender of payment of the then delinquent and unpaid charges for such electric light or power, water, sewage and/or refuse service against the premises, together with reconnection charge, whereupon the city shall have no lien for service thereafter furnished nor shall the owner of the premises or the owner of a delinquent mortgage thereon be held for the payment thereof; unless such owner of the premises or such owner of a delinquent mortgage thereon shall give written notice to customer service requesting restoration of such electric light or power, water, sewage and/or refuse service. The city shall waive the lien right against the premises to which electric light or power, water, sewage and/or refuse services were provided for any unpaid bills left owing by a former tenant, leasing or renting residential premises, who has made a utility services deposit as provided in RMC 3.26.010, or where a former owner/tenant left any unpaid bills and a new tenant has come in and signed up for service before disconnection of service for nonpayment of the bill. If service has been disconnected, past due bills and charges shall be paid before utility reconnection. The service will be restored and the reconnection charged to the account if restored for a new owner or tenant. The city shall have a lien against the premises to which electric light or power, water, sewage and/or refuse services were furnished and billed to the owner/landlord while premises were vacant or no tenant has notified the city of occupancy. Service furnished after the effective date of a request by a tenant for termination of service, and charges for service furnished after such date and prior to the effective date of an application for utility services by a new tenant, shall be the responsibility of the owner of the premises and subject to the city’s lien. Should a residential tenant qualify for exemption from the utility services deposit under RMC 3.26.020, the lien for electrical, water, sewage and/or refuse services will not be an available source for funds to pay the unpaid utility charges. If the exemption under RMC 3.26.020 is revoked and a utility deposit required, the lien will not be available to assist in pursuing payment of delinquent charges. [Ord. 48-94; Ord. 20-08].
3.28.020 Liens for electrical, water, sewage and refuse services – Commercial accounts.
The city shall have a lien against the premises to which electric light or power, water, sewage and/or refuse services were furnished for four months, charges therefor due or to become due, but not for any charges more than four months past due; provided, that the owner of the premises or the owner of a delinquent mortgage thereon may give written notice to customer service to cut off service to such premises, accompanied by payment or tender of payment of the then delinquent and unpaid charges for such electric light or power, water, sewage and/or refuse service against the premises, together with reconnection charge, whereupon the city shall have no lien service thereafter furnished nor shall the owner of the premises or the owner of a delinquent mortgage thereon be held for the payment thereof; unless such owner of the premises or such owner of a delinquent mortgage thereon shall give written notice to customer service requesting restoration of such electric light or power, water, sewage and/or refuse service. [Ord. 48-94].
3.28.030 Severability.
The invalidity of any chapter, section, subsection, provision, clause or portion thereof, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this chapter or the validity of its application to other persons or circumstances. [Ord. 48-94].