North Carolina HB 469: Several Counties Unpaid Fees Collection.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003

SESSION LAW 2003-270
HOUSE BILL 469

AN ACT TO AUTHORIZE COLUMBUS, DAVIE, DUPLIN, AND LENOIR
COUNTIES, CERTAIN DISTRICTS CREATED BY THESE COUNTIES, AND
MUNICIPALITIES LOCATED WITHIN THESE COUNTIES TO ATTACH
PERSONAL PROPERTY, GARNISH WAGES, AND PLACE LIENS ON
CERTAIN REAL PROPERTY TO COLLECT UNPAID FEES FOR WATER AND
SEWER SERVICES.

The General Assembly of North Carolina enacts:

SECTION 1. A county may adopt an ordinance providing that a fee charged
by the county for water or sewer services and remaining unpaid for a period of 90 days
may be collected in any manner by which delinquent personal or real property taxes can
be collected. If the ordinance states that delinquent fees may be collected in the same
manner as delinquent real property taxes, the delinquent fees are a lien on the real
property owned by the person contracting with the county for the service, and the
ordinance shall provide for an appeals process. If a lien is placed on real property, the
lien shall be valid from the time of filing in the office of the clerk of superior court of
the county in which the service was provided a statement containing the name and
address of the person against whom the lien is claimed, the name of the county, county
water and sewer district, county service district, or municipality, whichever applies,
claiming the lien, the specific service that was provided, the amount of the unpaid
charge for that service, and the date and place of furnishing that service. No lien under
this act shall be valid unless filed in accordance with this section after 90 days of the
date of the failure to pay for the service and within 180 days of the date of the failure to
pay for the service. The lien may be discharged as provided in G.S. 44-48.
SECTION 2. The reference to county shall include a county, a county water
and sewer district created under Article 6 of Chapter 162A of the General Statutes, a
county service district created under Article 16 of Chapter 153A of the General Statutes,
or a municipality located wholly or partly within that county.
SECTION 3. This act shall not apply to fees collectable under Articles 9A
and 9B of Chapter 44 of the General Statutes, G.S. 153A-293, and G.S. 160A-314.1.
SECTION 4. This act applies only to Columbus, Davie, Duplin, and Lenoir
Counties, county water and sewer districts located in Columbus, Davie, Duplin, or
Lenoir County, county service districts located within Columbus, Davie, Duplin, or
Lenoir County, and municipalities located wholly or partially within Columbus, Davie,
Duplin, or Lenoir County.

Page 2 Session Law 2003-270 House Bill 469
SECTION 5. This act becomes effective July 1, 2003.
In the General Assembly read three times and ratified this the 26
th day of
June, 2003.

s/ Marc Basnight
President Pro Tempore of the Senate

s/ Richard T. Morgan
Speaker of the House of Representatives