SSB 5854 -
By Senator Benton
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 35.21.290 and 1965 c 7 s 35.21.290 are each amended
to read as follows:
(1) Except as provided in subsection (2) of this section, cities
and towns owning their own waterworks, or electric light or power
plants shall have a lien against the premises to which water, electric
light, or power services were furnished for four months charges
therefor due or to become due, but not for any charges more than four
months past due: PROVIDED, That the owner of the premises or the owner
of a delinquent mortgage thereon may give written notice to the
superintendent or other head of such works or plant to cut off service
to such premises accompanied by payment or tender of payment of the
then delinquent and unpaid charges for such service against the
premises together with the cut-off charge, whereupon the city or town
shall have no lien against the premises for charges for such service
thereafter furnished, nor shall the owner of the premises or the owner
of a delinquent mortgage thereon be held for the payment thereof.
(2) If a city or town contracts directly with the tenant for
services and a property owner or the owner's designee notifies the city
or town in writing, within ten days after the property owner or owner's
designee becomes aware that the property has been vacated by the
tenant, that a property served by the city or town is a rental
property, and provides, in writing, the last known mailing address for
the tenant and the property owner, the city or town shall have no lien
against the premises for the tenant's delinquent and unpaid charges and
the city or town shall have no right of action against the property
owner.
Sec. 2 RCW 35.67.200 and 1991 c 36 s 2 are each amended to read
as follows:
(1) Except as provided in subsection (2) of this section, cities
and towns owning their own sewer systems shall have a lien for
delinquent and unpaid rates and charges for sewer service, penalties
levied pursuant to RCW 35.67.190, and connection charges, including
interest thereon, against the premises to which such service has been
furnished or is available, which lien shall be superior to all other
liens and encumbrances except general taxes and local and special
assessments. The city or town by ordinance may provide that delinquent
charges shall bear interest at not exceeding eight percent per annum
computed on a monthly basis: PROVIDED, That a city or town using the
property tax system for utility billing may, by resolution or
ordinance, adopt the alternative lien procedure as set forth in RCW
35.67.215.
(2) If a city or town contracts directly with the tenant for
services and a property owner or the owner's designee notifies the city
or town in writing, within ten days after the property owner or owner's
designee becomes aware that the property has been vacated by the
tenant, that a property served by the city or town is a rental
property, and provides, in writing, the last known mailing address for
the tenant and the property owner, the city or town shall have no lien
against the premises for the tenant's delinquent and unpaid charges and
the city or town shall have no right of action against the property
owner.
Sec. 3 RCW 36.94.150 and 1997 c 393 s 9 are each amended to read
as follows:
(1) Except as provided in subsection (4) of this section, all
counties operating a system of sewerage and/or water shall have a lien
for delinquent connection charges and charges for the availability of
sewerage and/or water service, together with interest fixed by
resolution at eight percent per annum from the date due until paid.
Penalties of not more than ten percent of the amount due may be imposed
in case of failure to pay the charges at times fixed by resolution.
The lien shall be for all charges, interest, and penalties and shall
attach to the premises to which the services were available. The lien
shall be superior to all other liens and encumbrances, except general
taxes and local and special assessments of the county.
(2) The county department established in RCW 36.94.120 shall
certify periodically the delinquencies to the auditor of the county at
which time the lien shall attach.
(3) Upon the expiration of sixty days after the attachment of the
lien, the county may bring suit in foreclosure by civil action in the
superior court of the county where the property is located. Costs
associated with the foreclosure of the lien, including but not limited
to advertising, title report, and personnel costs, shall be added to
the lien upon filing of the foreclosure action. In addition to the
costs and disbursements provided by statute, the court may allow the
county a reasonable attorney's fee. The lien shall be foreclosed in
the same manner as the foreclosure of real property tax liens.
(4) If a county contracts directly with the tenant for services and
a property owner or the owner's designee notifies the county in
writing, within ten days after the property owner or owner's designee
becomes aware that the property has been vacated by the tenant, that a
property served by the county is a rental property, and provides, in
writing, the last known mailing address for the tenant and the property
owner, the county shall have no lien against the premises for the
tenant's delinquent and unpaid charges and the county shall have no
right of action against the property owner."
SSB 5854 -
By Senator Benton
On page 1, line 1 of the title, after "property;" strike the remainder of the title and insert "and amending RCW 35.21.290, 35.67.200, and 36.94.150."