H-1890.2  _______________________________________________

 

                          HOUSE BILL 2008

          _______________________________________________

 

State of Washington      54th Legislature     1995 Regular Session

 

By Representative Casada

 

Read first time 02/21/95.  Referred to Committee on Energy & Utilities.

 

Collecting for utility and other service.



    AN ACT Relating to changing the nature of liens on a single-family dwelling for utility and other service from in rem to in personam if the dwelling is sold; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35.67 RCW; adding a new section to chapter 36.36 RCW; adding a new section to chapter 36.89 RCW; adding a new section to chapter 36.94 RCW; adding a new section to chapter 56.16 RCW; adding a new section to chapter 57.08 RCW; and adding a new section to chapter 87.03 RCW.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    NEW SECTION.  Sec. 1.  A new section is added to chapter 35.21 RCW to read as follows:

    The in rem lien on a single-family dwelling, that is established under RCW 35.21.290 on delinquent and unpaid charges for utility service provided to the single-family dwelling, shall be extinguished on the closing date of the sale of the single-family dwelling and the lien shall be converted into an in personam lien on both the seller of the dwelling and the person who had contracted with the city or town for utility service to the sale of the dwelling.  The term "single-family dwelling" includes the lot or parcel on which the single-family dwelling is located.

 

    NEW SECTION.  Sec. 2.  A new section is added to chapter 35.67 RCW to read as follows:

    The in rem lien on a single-family dwelling, that is established under RCW 35.67.200 on delinquent and unpaid rates and charges for sewer service provided to the single-family dwelling and for delinquent and unpaid connection charges, and for penalties levied under RCW 35.67.190, shall be extinguished on the closing date of the sale of the single-family dwelling and the lien shall be converted into an in personam lien on both the seller of the dwelling and the person who had contracted with the city or town for sewer service prior to the sale of the dwelling.  The term "single-family dwelling" includes the lot or parcel on which the single-family dwelling is located.

 

    NEW SECTION.  Sec. 3.  A new section is added to chapter 36.36 RCW to read as follows:

    The in rem lien on a single-family dwelling, that is established under RCW 36.36.045 on delinquent fees imposed on the single-family dwelling for the withdrawal of subterranean water or on-site sewage disposal, shall be extinguished on the closing date of the sale of the single-family dwelling and the lien shall be converted into an in personam lien on the seller of the dwelling.  The term "single-family dwelling" includes the lot or parcel on which the single-family dwelling is located.

 

    NEW SECTION.  Sec. 4.  A new section is added to chapter 36.89 RCW to read as follows:

    The in rem lien on a single-family dwelling, that is established under RCW 36.89.090 on delinquent rates and charges for the provision of storm water control sewer service and facilities provided to the single-family dwelling, shall be extinguished on the closing date of the sale of the single-family dwelling and the lien shall be converted into an in personam lien on the seller of the dwelling.  The term "single-family dwelling" includes the lot or parcel on which the single-family dwelling is located.

 

    NEW SECTION.  Sec. 5.  A new section is added to chapter 36.94 RCW to read as follows:

    The in rem lien on a single-family dwelling, that is established under RCW 36.94.150 on delinquent connection charges and delinquent rates and charges for the availability of sewerage services, water services, or both to the single-family dwelling, shall be extinguished on the closing date of the sale of the single-family dwelling and the lien shall be converted into an in personam lien on both the seller of the dwelling and the person who had contracted with the county for sewer or water service prior to the sale of the dwelling.  The term "single-family dwelling" includes the lot or parcel on which the single-family dwelling is located.

 

    NEW SECTION.  Sec. 6.  A new section is added to chapter 56.16 RCW to read as follows:

    The in rem lien on a single-family dwelling, that is established under RCW 56.16.100 on delinquent sewer connection charges and delinquent charges for sewerage disposal service available to the single-family dwelling, shall be extinguished on the closing date of the sale of the single-family dwelling and the lien shall be converted into an in personam lien on both the seller of the dwelling and the person who had contracted with the utility for sewer service prior to the sale of the dwelling.  The term "single-family dwelling" includes the lot or parcel on which the single-family dwelling is located.

 

    NEW SECTION.  Sec. 7.  A new section is added to chapter 57.08 RCW to read as follows:

    The in rem lien on a single-family dwelling, that is established under RCW 57.08.080 on delinquent connection charges and delinquent rates and charges for water supplied to the single-family dwelling, shall be extinguished on the closing date of the sale of the single-family dwelling and the lien shall be converted into an in personam lien on both the seller of the dwelling and the person who had contracted with the water district for water service prior to the sale of the dwelling.  The term "single-family dwelling" includes the lot or parcel on which the single-family dwelling is located.

 

    NEW SECTION.  Sec. 8.  A new section is added to chapter 87.03 RCW to read as follows:

    The in rem lien on a single-family dwelling, that is established under RCW 87.03.445 on delinquent tolls and charges for the availability of water, power, or drainage or sewerage service to the single-family dwelling, shall be extinguished on the closing date of the sale of the single-family dwelling and the lien shall be converted into an in personam lien on both the seller of the dwelling and the person who had contracted with the irrigation district for the water, power, drainage or sewerage service prior to the sale of the dwelling.  The term "single-family dwelling" includes the lot or parcel on which the single-family dwelling is located.

 


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