§ 114-49. Liens to secure delinquent bills for water, sewer and garbage collection services; release or modification.
(a)
Water.
(1)
After the city has terminated a customer's water service pursuant to the requirements of section 114-48 or after the city terminates water service at the customer's request, the city shall file a lien on the real property the terminated service served and in the amount that the customer whose service was terminated owed to the city for water service at the time of the termination of service.
(2)
If real property receives water service illegally, without having an account with the city, the city manager shall file a lien against such real property in the amount of the proper charge for the water actually used or, if there is no way of determining the amount of water used, in the amount of the minimum monthly water charge that would have been charged to that real property had a legitimate account been opened there, multiplied by the number of months during which that real property illegally received such water services.
(b)
Garbage collection.
(1)
After the city has terminated a customer's water service pursuant to the requirements of section 114-48 or after the city terminates water services or garbage service at the customer's request, or after a customer without water service becomes more than $55.00 delinquent for garbage service alone, the city manager shall file a lien on the real property the terminated garbage collection service served and in the amount the customer whose service was terminated owed to the city for garbage collection service at the time of the termination of services.
(2)
If real property receives garbage collection services illegally, without having an account with the city, the city manager shall file a lien against that real property in the amount of the minimum monthly garbage collection charge that would have been charged to that real property had a legitimate account been opened there, multiplied by the number of months during which that real property illegally received such garbage collection services.
(c)
Sewerage.
(1)
After the city has terminated a customer's water service pursuant to the requirements of section 114-48, or after the city terminates water service or sewer service at the customer's request, or after a customer without water service becomes more than $55.00 delinquent in payment for sewerage charges alone to the city, the city manager shall file a lien on the real property the terminated water service served and in the amount the customer whose service was terminated owed to the city for sewerage at the time of the termination of services or the accumulation of the delinquency in payment for sewerage services.
(2)
If real property receives sewerage services illegally, without having an account with the city, the city manager shall file a lien against the real property in the amount of the minimum monthly sewerage charge that would have been charged to that real property had a legitimate account been opened there, multiplied by the number of months during which that real property illegally received such sewerage services.
(d)
Exceptions to lien provisions. If a customer owes less than $55.00 for the aggregate sum of water charges, garbage collection charges, and sewerage charges at the time of termination of any of those services, no lien shall be filed against the real property served by those services. If the customer is not delinquent in payment at the time of termination of any of the services, no lien shall be filed until that customer becomes delinquent in payment. No lien shall be filed on any property that the city manager knows to be a homestead as defined by the state constitution.
(e)
Filing of liens; suit for recovery of charges. Any lien authorized by this section shall be filed with the county clerk. The city shall then have a privileged lien on as many lots or pieces of real property as the terminated services previously served and are described on the lien instrument by metes and bounds, or by lot and block description, or by any other adequate method of description. The lien shall secure the charges made by the city for these services rendered to that real property. Such a lien shall be filed pursuant to the authority granted in V.T.C.A., Local Government Code § 402.017(c). The lien shall bear ten percent per annum interest. The city manager shall add to any lien filed pursuant to this section the amount of the filing fee charged by the county clerk for filing that lien. The lien shall be effective against that real property if the account holder or user of services at that property was either the owner of that property, a tenant of that property or a permissive holder of that property, or an adverse possessor of that property. It is further provided that for any charges for which the lien authorized by this section is designed to secure, suit may be instituted and recovery in the foreclosure of that lien may be had in the name of the city. The city attorney is authorized to file such suits and to seek reimbursement of the city for reasonable attorney's fees and costs of court.
(f)
Notice of hearing. After the filing of a lien pursuant to this section, the city clerk shall within 30 days of the filing of that lien give the owner of that property and the account holder notice that such a lien or liens have been filed on that real property and inform the owner and account holder of their rights of appeal. Within 30 days of the postmark of the notice sent to the property owner or account holder, the property owner or account holder may appeal the decision to impose the lien on that property to the city council. The city manager shall release the lien if city council finds that no bill for the services to the property encumbered by the lien or liens is owing or that the encumbered property is at the hour of filing of the lien or liens until the time of the appeal has been a homestead as defined by the state constitution. The city manager shall modify or release the lien to reflect the true amount of delinquency in payment for services to the property if the city council finds that a lesser bill is owing than the lien alleged. The person last listed on the most current county tax roll shall be presumed to be the owner for purposes of this subsection and the address listed on the roll for the owner shall be presumed to be the address of the owner.
(g)
Release of lien. Whenever a person or entity pays all principal, interest and the filing fee of a lien validly filed pursuant to this section, the city manager shall execute a release of that lien and surrender it to the paying party. The city shall not be responsible for filing that release.
(Code 1976, § 23-36)