Text: HF00302 Text: HF00304 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 384.84, subsection 3, paragraph c, Code
1 2 1999, is amended to read as follows:
1 3 c. A lien for a city utility or enterprise service shall
1 4 not be certified to the county treasurer for collection unless
1 5 prior written notice of intent to certify a lien is given to
1 6 the account holder of the delinquent account. If the account
1 7 holder is a tenant, and if the owner or landlord of the
1 8 property has made a written request for notice, the notice
1 9 shall also be given to the owner or landlord. The notice
1 10 shall be sent to the appropriate persons by ordinary mail not
1 11 less than ten days prior to certification of the lien to the
1 12 county treasurer. If the account holder is a tenant, a lien
1 13 for a city utility or enterprise service shall not be
1 14 certified to the county treasurer for collection unless a good
1 15 faith effort has been made to collect any delinquent amount
1 16 from such tenant. In an action relating to the validity of a
1 17 lien filed against property where the delinquent account
1 18 holder is a tenant, the burden of showing that a good faith
1 19 effort was made to collect the delinquent amount is on the
1 20 governing body of the city utility, combined utility system,
1 21 city enterprise, or combined city enterprise.
1 22 Sec. 2. Section 384.84, subsection 3, Code 1999, is
1 23 amended by adding the following new paragraph:
1 24 NEW PARAGRAPH. e. A governing body of a city utility,
1 25 combined utility system, city enterprise, or combined city
1 26 enterprise may refuse to provide a city utility or enterprise
1 27 service to a property or premises if the account holder for
1 28 such property or premises has a delinquent charge owed to such
1 29 governing body for the same utility or enterprise service
1 30 under an account associated with a previous residence.
1 31 EXPLANATION
1 32 This bill amends provisions relating to delinquent charges
1 33 owed by a tenant for city utility or enterprise services. The
1 34 bill provides that if a delinquent amount is owed by a tenant,
1 35 a lien on property for a city utility or enterprise service
2 1 (sewer, storm water drainage, water, solid waste collection,
2 2 etc.) shall not be certified to the county treasurer for
2 3 collection unless a good faith effort has been made to collect
2 4 any delinquent amount from the tenant. In an action relating
2 5 to the validity of a lien filed against property where the
2 6 delinquent account holder is a tenant, the burden of showing
2 7 that a good faith effort was made to collect the delinquent
2 8 amount is on the governing body of the city utility, combined
2 9 utility system, city enterprise, or combined city enterprise.
2 10 The bill also provides that a governing body of a city
2 11 utility, combined utility system, city enterprise, or combined
2 12 city enterprise may refuse to provide a city utility or
2 13 enterprise service to a property or premises if the account
2 14 holder for such property or premises has a delinquent charge
2 15 owed to the same governing body for the same utility or
2 16 enterprise service under an account associated with a previous
2 17 residence.
2 18 LSB 2219HH 78
2 19 mj/gg/8
Text: HF00302 Text: HF00304 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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