Text: HF00699 Text: HF00701 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 700 1 2 1 3 AN ACT 1 4 RELATING TO THE LIABILITY FOR UNPAID RATES OR CHARGES OF A 1 5 CITY UTILITY OR ENTERPRISE SERVICE FOR WATER, SEWAGE, AND 1 6 SOLID WASTE SERVICES. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 384.84, subsection 2, Code 1999, is 1 11 amended by adding the following new paragraph: 1 12 NEW PARAGRAPH. d. If a delinquent amount is owed by an 1 13 account holder for a utility service associated with a prior 1 14 property or premises, a city utility, city enterprise, or 1 15 combined city enterprise may withhold service from the same 1 16 account holder at any new property or premises until such time 1 17 as the account holder pays the delinquent amount owing on the 1 18 account associated with the prior property or premises. 1 19 Sec. 2. Section 384.84, subsection 3, paragraphs a, c, and 1 20 d, Code 1999, are amended to read as follows: 1 21 a.AllExcept as provided in paragraph "d", all rates or 1 22 charges for the services of sewer systems, storm water 1 23 drainage systems, sewage treatment, solid waste collection, 1 24 water, solid waste disposal, or any of these services, if not 1 25 paid as provided by ordinance of the council or resolution of 1 26 the trustees, are a lien upon the property or premises served 1 27 by any of these services upon certification to the county 1 28 treasurer that the rates or charges are due. 1 29 c. A lien for a city utility or enterprise service under 1 30 paragraph "a" shall not be certified to the county treasurer 1 31 for collection unless prior written notice of intent to 1 32 certify a lien is given to the account holder of the 1 33 delinquent account. If the account holder is a tenant, and if 1 34 the owner or landlord of the property has made a written 1 35 request for notice, the notice shall also be given to the 2 1 owner or landlord. The notice shall be sent to the 2 2 appropriate persons by ordinary mail not less than ten days 2 3 prior to certification of the lien to the county treasurer. 2 4 d.For a residentialResidential rental property where a 2 5 charge for water service is separately metered and paid 2 6 directly to the city utility or enterprise by the tenant, the2 7rental propertyis exempt from a lien forthosedelinquent 2 8 rates or chargesincurred afterassociated with such water 2 9 service if the landlord gives written notice to the city 2 10 utility or enterprise that the property is residential rental 2 11 property and that the tenant is liable for the rates or 2 12 chargesand a. A city utility or enterprise may require a 2 13 deposit not exceeding the usual cost of ninety days of water 2 14 serviceisto be paid to the utility or enterprise. Upon 2 15 receipt, the utility or enterprise shall acknowledge the 2 16 notice and deposit. A written notice shall contain the name 2 17 of the tenant responsible for charges, address of the 2 18 residential rental property that the tenant is to occupy, and 2 19 the date that the occupancy begins. A change in tenant shall 2 20 require a new written noticeand depositto be given to the 2 21 city utility or enterprise within ten business days of the 2 22 change in tenant. When the tenant moves from the rental 2 23 property, the city utility or enterprise shall return the 2 24 deposit if the water service charges are paid in fulland the2 25lien exemption shall be lifted from the rental property. A 2 26 change in the ownership of the residential rental property 2 27 shall require written notice of such change to be given to the 2 28 city utility or enterprise within ten business days of the 2 29 completion of the change of ownership. The lien exemption for 2 30 rental property does not apply to charges for repairs to a 2 31 water service if the repair charges become delinquent. 2 32 2 33 2 34 2 35 BRENT SIEGRIST 3 1 Speaker of the House 3 2 3 3 3 4 3 5 MARY E. KRAMER 3 6 President of the Senate 3 7 3 8 I hereby certify that this bill originated in the House and 3 9 is known as House File 700, Seventy-eighth General Assembly. 3 10 3 11 3 12 3 13 ELIZABETH ISAACSON 3 14 Chief Clerk of the House 3 15 Approved , 1999 3 16 3 17 3 18 3 19 THOMAS J. VILSACK 3 20 Governor
Text: HF00699 Text: HF00701 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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