Text: HF00699                           Text: HF00701
Text: HF00700 - HF00799                 Text: HF Index
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House File 700

Partial Bill History

Bill Text

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.  All Except 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 residential Residential 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, the
  2  7 rental property is exempt from a lien for those delinquent
  2  8 rates or charges incurred after associated 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 charges and a.  A city utility or enterprise may require a
  2 13 deposit not exceeding the usual cost of ninety days of water
  2 14 service is to 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 notice and deposit to 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 full and the
  2 25 lien 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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