Text: HSB00088                          Text: HSB00090
Text: HSB00000 - HSB00099               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 89

Bill Text

  1  1    Section 1.  Section 384.84, subsection 3, paragraphs a, c,
  1  2 and d, Code 1999, are amended to read as follows:
  1  3    a.  All rates or charges for the services of sewer systems,
  1  4 storm water drainage systems, sewage treatment, solid waste
  1  5 collection, water, solid waste disposal, or any of these
  1  6 services, if not paid as provided by ordinance of the council
  1  7 or resolution of the trustees, are a lien upon the property or
  1  8 premises served, other than residential rental property, by
  1  9 any of these services upon certification to the county
  1 10 treasurer that the rates or charges are due.
  1 11    c.  A lien for a city utility or enterprise service under
  1 12 paragraph "a" shall not be certified to the county treasurer
  1 13 for collection unless prior written notice of intent to
  1 14 certify a lien is given to the account holder of the
  1 15 delinquent account.  If the account holder is a tenant, and if
  1 16 the owner or landlord of the property has made a written
  1 17 request for notice, the notice shall also be given to the
  1 18 owner or landlord.  The notice shall be sent to the
  1 19 appropriate persons by ordinary mail not less than ten days
  1 20 prior to certification of the lien to the county treasurer.
  1 21    d.  For a residential Residential rental property where a
  1 22 charge for water service is separately metered and paid
  1 23 directly by the tenant, the rental property is exempt from a
  1 24 lien under this subsection for those delinquent rates or
  1 25 charges incurred after the landlord gives written notice to
  1 26 the city utility or enterprise that the tenant is liable for
  1 27 the charges and a deposit not exceeding the usual cost of
  1 28 ninety days of water service is paid to the utility or
  1 29 enterprise.  Upon receipt, the utility or enterprise shall
  1 30 acknowledge the notice and deposit.  A written notice shall
  1 31 contain the name of the tenant responsible for charges,
  1 32 address of the property that the tenant is to occupy, and the
  1 33 date that the occupancy begins.  A change in tenant shall
  1 34 require a new written notice and deposit.  When the tenant
  1 35 moves from the rental property, the city utility or enterprise
  2  1 shall return the deposit if the water service charges are paid
  2  2 in full and the lien exemption shall be lifted from the rental
  2  3 property.  The lien exemption for rental property does not
  2  4 apply to charges for repairs to a water service if the repair
  2  5 charges become delinquent.  The residential rental property
  2  6 tenant is liable for such charges.  
  2  7                           EXPLANATION
  2  8    This bill eliminates the lien on residential rental
  2  9 property for unpaid rates or charges associated with a city
  2 10 utility or enterprise service, including sewer systems, storm
  2 11 water drainage systems, sewage treatment, solid waste
  2 12 collection, water, and solid waste disposal.  The residential
  2 13 rental property tenant remains liable for these unpaid rates
  2 14 or charges.  
  2 15 LSB 2031HC 78
  2 16 mj/cf/24

Text: HSB00088                          Text: HSB00090
Text: HSB00000 - HSB00099               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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