Brief Description: Modifying county lien authority.

Sponsors: Representatives Takko, Schindler, Simpson, Dunn, Moeller, Ahern and Fromhold.

Hearing Date: 1/23/06

Staff: Kasa Tupua (786-7291).

Background:

Local governments are authorized to provide a variety of utility services, impose charges or rates for these services, and possess a lien for delinquent rates or charges on the property on which the rates or charges were imposed.

The process for cities and towns to enforce and foreclose sewerage liens includes a provision requiring that a lien on delinquent service charges must exist for six months before filing a notice of the lien with the county auditor. However, once a notice has been filed, the lien continues for subsequent delinquent charges, provided the city or town forecloses the lien within two years from the date of filing the notice. Cities and towns may adopt a resolution providing that their liens on delinquent sewer service charges are effective for up to one year before recording a notice of the lien with the county auditor.

Counties operating a storm water control facility may use the procedures by which property taxes are foreclosed for their liens on delinquent storm service charges instead of using the procedures by which cities and towns foreclose delinquent sewer service charges.

Summary of Bill:

County lien authority is modified to remove the lien for delinquent service charges against any property levied for storm water control facilities. Counties are authorized to collect storm water control fees by using the collection procedures provided in statute for county treasurers.
Liens subject to these collection procedures will take effect on January 1st in the year it is assessed, and will continue until paid.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.