Text: SF00353 Text: SF00355 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 384.84, subsection 2, paragraph c, Code 1 2 1997, is amended to read as follows: 1 3 c. A city utility or enterprise service to a property or 1 4 premises shall not be discontinued unless prior written notice 1 5 is sent to the account holder by ordinary mail, informing the 1 6 account holder of the nature of the delinquency and affording 1 7 the account holder the opportunity for a hearing prior to 1 8 discontinuance of service. If the account holder is a tenant, 1 9 and if the owner or landlord of the property has made a 1 10 written request for notice, the notice shall also be given to 1 11 the owner or landlord. A request for and the giving of notice 1 12 does not create an obligation or liability on the part of the 1 13 owner or landlord to pay any amounts owed by the tenant. 1 14 Sec. 2. Section 384.84, subsection 3, Code 1997, is 1 15 amended to read as follows: 1 16 3. a. All rates or charges for the services of sewer 1 17 systems, storm water drainage systems, sewage treatment, solid 1 18 waste collection, water, solid waste disposal, or any of these 1 19 services, if not paid as provided by ordinance of the council 1 20 or resolution of the trustees, are a lien upon the property or 1 21 premises served by any of these services upon certification to 1 22 the county treasurer that the rates or charges are due, unless 1 23 the rates or charges are the obligation of and are owed by a 1 24 tenant of the property or premises. 1 25 b.ThisExcept as otherwise provided in this section, a 1 26 lien may be imposed upon a property or premises even if a city 1 27 utility or enterprise service to the property or premises has 1 28 been or may be discontinued as provided in this section. 1 29 c. A lien for a city utility or enterprise service shall 1 30 not be certified to the county treasurer for collection unless 1 31 prior written notice of intent to certify a lien is given to 1 32 the account holder of the delinquent account. If the account 1 33 holder is a tenant, and if the owner or landlord of the 1 34 property has made a written request for notice, the notice 1 35 shall also be given to the owner or landlord. The notice 2 1 shall be sent to the appropriate persons by ordinary mail not 2 2 less than ten days prior to certification of the lien to the 2 3 county treasurer. The giving or sending of notice under this 2 4 paragraph does not create an obligation or liability on the 2 5 part of the landlord for any amounts owed by a tenant. 2 6 d. For aresidentialrental property where a charge for 2 7 water service is separately metered and paid directly by the 2 8 tenant, the rental property is exempt from a lien for those 2 9 delinquent charges incurred after the landlord gives written 2 10 notice to the city utility or enterprise that the tenant is 2 11 liable for the charges and a deposit not exceeding the usual 2 12 cost of ninety days of water service is paid to the utility or 2 13 enterprise. Upon receipt, the utility or enterprise shall 2 14 acknowledge the notice and deposit. A written notice shall 2 15 contain the name of the tenant responsible for charges, 2 16 address of the property that the tenant is to occupy, and the 2 17 date that the occupancy begins. A change in tenant shall 2 18 require a new written notice and deposit. When the tenant 2 19 moves from the rental property, the city utility or enterprise 2 20 shall return the deposit if the water service charges are paid 2 21 in full and the lien exemption shall be lifted from the rental 2 22 property. The lien exemption for rental property does not 2 23 apply to charges for repairs to a water service if the repair 2 24 charges become delinquent. 2 25 EXPLANATION 2 26 This bill makes changes in how liens for municipal utility 2 27 or enterprise services are applied to rental property. The 2 28 bill provides that a request for or the giving of notice of 2 29 discontinuance of city utility or enterprise services or the 2 30 giving of notice of certification of collection does not 2 31 create an obligation or liability on the part of the landlord 2 32 for amounts owed by a tenant. Rates or charges for sewer, 2 33 storm water, sewage treatment, solid waste collection, water, 2 34 solid waste disposal, or other services are not a lien against 2 35 property served by the services if the amounts are owed by the 3 1 tenant of the property. 3 2 The bill also eliminates the restriction that limits the 3 3 kinds of separately metered rental properties to residential 3 4 rental properties, for which water services charges can be 3 5 paid directly by a tenant and which are exempt from a lien for 3 6 delinquent charges incurred after the landlord gives written 3 7 notice to the utility or enterprise that the tenant is liable 3 8 for the charges. The bill continues the requirement that a 3 9 deposit not exceeding the usual cost of 90 days of water 3 10 service be paid to the utility or enterprise and that the 3 11 landlord's written notice contain the name of the tenant, the 3 12 address of the property that the tenant is to occupy, and the 3 13 date that the occupancy is to begin. New notices and deposits 3 14 are required when there is a change in tenants. 3 15 LSB 1302SV 77 3 16 lh/sc/14
Text: SF00353 Text: SF00355 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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