BILL REQ. #: H-3978.1

_____________________________________________

SUBSTITUTE HOUSE BILL 1852
_____________________________________________

State of Washington

62nd Legislature

2012 Regular Session

By House Local Government (originally sponsored by Representatives Kelley, McCune, Ladenburg, Kirby, and Green)

READ FIRST TIME 01/31/12.

AN ACT Relating to the lien for collection of sewer utility charges by counties; and amending RCW 36.94.150.

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

Sec. 1   RCW 36.94.150 and 1997 c 393 s 9 are each amended to read as follows:
     (1) 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 lien recording and release fees, 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) In lieu of the procedure provided in subsection (2) of this section, a county may, by resolution or ordinance, adopt the alternative procedure applicable to cities and towns set forth in RCW 35.67.210, 35.67.215, and 35.67.290.
     (4) 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.

--- END ---