House File 783 - Enrolled

PAG LIN



  1  1                                             HOUSE FILE 783
  1  2
  1  3                             AN ACT
  1  4 RELATING TO CERTAIN CITY UTILITIES OR CITY ENTERPRISES BY
  1  5    MAKING CHANGES TO PROCEDURES FOR NOTICE AND COLLECTION OF
  1  6    DELINQUENT CHARGES AND BY MAKING CHANGES TO BILLING
  1  7    NOTIFICATIONS FOR WATER SERVICE AND OTHER SERVICES PROVIDED
  1  8    TO CERTAIN RESIDENTIAL RENTAL PROPERTY.
  1  9
  1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 11
  1 12    Section 1.  Section 384.84, subsection 2, paragraphs c and
  1 13 d, Code 2007, are amended to read as follows:
  1 14    c.  A city utility or enterprise service to a property or
  1 15 premises shall not be discontinued unless prior written notice
  1 16 is sent, by ordinary mail, to the account holder by ordinary
  1 17 mail in whose name the delinquent rates or charges were
  1 18 incurred, informing the account holder of the nature of the
  1 19 delinquency and affording the account holder the opportunity
  1 20 for a hearing prior to discontinuance of service.  If the
  1 21 account holder is a tenant, and if the owner or landlord of
  1 22 the property has made a written request for notice, the notice
  1 23 shall also be given to the owner or landlord.
  1 24    d.  (1)  If a delinquent amount is owed by an account
  1 25 holder for a utility service associated with a prior property
  1 26 or premises, a city utility, city enterprise, or combined city
  1 27 enterprise may withhold service from the same account holder
  1 28 at any new property or premises until such time as the account
  1 29 holder pays the delinquent amount owing on the account
  1 30 associated with the prior property or premises.  A city
  1 31 utility, city enterprise, or combined city enterprise shall
  1 32 not withhold service from, or discontinue service to, a
  1 33 subsequent owner of the prior property or premises unless such
  1 34 delinquent amount has been certified in a timely manner to the
  1 35 county treasurer as provided in subsection 3, paragraph "a",
  2  1 subparagraph (1).
  2  2    (2)  Delinquent amounts that have not been certified in a
  2  3 timely manner to the county treasurer as provided in
  2  4 subsection 3, paragraph "a", subparagraph (2), are not
  2  5 collectible against any subsequent owner of the property or
  2  6 premises.
  2  7    Sec. 2.  Section 384.84, subsection 3, Code 2007, is
  2  8 amended to read as follows:
  2  9    3.  a.  (1)  Except as provided in paragraph "d", all rates
  2 10 or charges for the services of sewer systems, storm water
  2 11 drainage systems, sewage treatment, solid waste collection,
  2 12 water, solid waste disposal, or any of these services, if not
  2 13 paid as provided by ordinance of the council or resolution of
  2 14 the trustees, are a lien upon the property or premises served
  2 15 by any of these services upon certification to the county
  2 16 treasurer that the rates or charges are due.
  2 17    (2)  If the delinquent rates or charges were incurred prior
  2 18 to a transfer of the property or premises and such
  2 19 delinquencies were not certified to the county treasurer prior
  2 20 to the date of transfer, the delinquent rates or charges are
  2 21 not eligible to be certified to the county treasurer.  If
  2 22 certification of such delinquent rates or charges is attempted
  2 23 subsequent to a transfer of the property or premises, the
  2 24 county treasurer shall return the certification to the city
  2 25 utility, city enterprise, or combined city enterprise
  2 26 attempting certification along with a notice stating that the
  2 27 delinquent rates or charges cannot be made a lien against the
  2 28 property or premises.
  2 29    (3)  If the city utility, city enterprise, or combined city
  2 30 enterprise is prohibited under subparagraph (2) from
  2 31 certifying delinquent rates or charges against the property or
  2 32 premises served by the services described in subparagraph (1),
  2 33 the city utility, city enterprise, or combined city enterprise
  2 34 may certify the delinquent rates or charges against any other
  2 35 property or premises located in this state and owned by the
  3  1 account holder in whose name the rates or charges were
  3  2 incurred.
  3  3    b.  This The lien under paragraph "a" may be imposed upon a
  3  4 property or premises even if a city utility or enterprise
  3  5 service to the property or premises has been or may be
  3  6 discontinued as provided in this section.
  3  7    c.  A lien for a city utility or enterprise service under
  3  8 paragraph "a" shall not be certified to the county treasurer
  3  9 for collection unless prior written notice of intent to
  3 10 certify a lien is given to the account holder of in whose name
  3 11 the delinquent account rates or charges were incurred at least
  3 12 thirty days prior to certification.  If the account holder is
  3 13 a tenant, and if the owner or landlord of the property has
  3 14 made a written request for notice, the notice shall also be
  3 15 given to the owner or landlord.  The notice shall be sent to
  3 16 the appropriate persons by ordinary mail not less than thirty
  3 17 days prior to certification of the lien to the county
  3 18 treasurer.
  3 19    d.  Residential rental property where a charge for water
  3 20 service is separately metered and paid directly to the city
  3 21 utility or enterprise by the tenant is exempt from a lien for
  3 22 delinquent rates or charges associated with such water service
  3 23 if the landlord gives written notice to the city utility or
  3 24 enterprise that the property is residential rental property
  3 25 and that the tenant is liable for the rates or charges.  A
  3 26 city utility or enterprise may require a deposit not exceeding
  3 27 the usual cost of ninety days of water service to be paid to
  3 28 the utility or enterprise.  Upon receipt, the utility or
  3 29 enterprise shall acknowledge the notice and deposit.  A
  3 30 written notice shall contain the name of the tenant
  3 31 responsible for charges, address of the residential rental
  3 32 property that the tenant is to occupy, and the date that the
  3 33 occupancy begins.  A change in tenant shall require a new
  3 34 written notice to be given to the city utility or enterprise
  3 35 within ten business days of the change in tenant.  When the
  4  1 tenant moves from the rental property, the city utility or
  4  2 enterprise shall return the deposit if the water service
  4  3 charges are paid in full.  A change in the ownership of the
  4  4 residential rental property shall require written notice of
  4  5 such change to be given to the city utility or enterprise
  4  6 within ten business days of the completion of the change of
  4  7 ownership.  The lien exemption for rental property does not
  4  8 apply to charges for repairs to a water service if the repair
  4  9 charges become delinquent.
  4 10    e.  Residential rental property where a charge for any of
  4 11 the services of sewer systems, storm water drainage systems,
  4 12 sewage treatment, solid waste collection, and solid waste
  4 13 disposal is paid directly to the city utility or enterprise by
  4 14 the tenant is exempt from a lien for delinquent rates or
  4 15 charges associated with such services if the landlord gives
  4 16 written notice to the city utility or enterprise that the
  4 17 property is residential rental property and that the tenant is
  4 18 liable for the rates or charges.  A city utility or enterprise
  4 19 may require a deposit not exceeding the usual cost of ninety
  4 20 days of the services of sewer systems, storm water drainage
  4 21 systems, sewage treatment, solid waste collection, and solid
  4 22 waste disposal to be paid to the utility or enterprise.  Upon
  4 23 receipt, the utility or enterprise shall acknowledge the
  4 24 notice and deposit.  A written notice shall contain the
  4 25 address of the residential rental property that the tenant is
  4 26 to occupy and the date that the occupancy begins.  When the
  4 27 tenant moves from the rental property, the city utility or
  4 28 enterprise shall return the deposit if the charges for the
  4 29 services of sewer systems, storm water drainage systems,
  4 30 sewage treatment, solid waste collection, and solid waste
  4 31 disposal are paid in full.  A change in the ownership of the
  4 32 residential rental property shall require written notice of
  4 33 such change to be given to the city utility or enterprise
  4 34 within ten business days of the completion of the change of
  4 35 ownership.  The lien exemption for rental property does not
  5  1 apply to charges for repairs related to a service of sewer
  5  2 systems, storm water drainage systems, sewage treatment, solid
  5  3 waste collection, and solid waste disposal if the repair
  5  4 charges become delinquent.
  5  5
  5  6
  5  7                                                             
  5  8                               PATRICK J. MURPHY
  5  9                               Speaker of the House
  5 10
  5 11
  5 12                                                             
  5 13                               JOHN P. KIBBIE
  5 14                               President of the Senate
  5 15
  5 16    I hereby certify that this bill originated in the House and
  5 17 is known as House File 783, Eighty=second General Assembly.
  5 18
  5 19
  5 20                                                             
  5 21                               MARK BRANDSGARD
  5 22                               Chief Clerk of the House
  5 23 Approved                , 2007
  5 24
  5 25
  5 26                            
  5 27 CHESTER J. CULVER
  5 28 Governor