§ 17B-1-902. Lien for past due service fees -- Limitations.

(1)

(a) A local district may certify, to the treasurer of the county in which the customer's property is located, past due fees and charges for commodities, services, or facilities that the district has provided to the customer's property.

(b) Subject to Subsection (2), the past due fees and charges, including applicable interest and penalties, upon their certification under Subsection (1)(a), become a lien on the customer's property to which the commodities, services, or facilities were provided, on a parity with and collectible at the same time and in the same manner as general county taxes that are a lien on the property.

(2) A lien under Subsection (1) is not valid if certification under Subsection (1) is made after the filing for record of a document conveying title of the customer's property to a new owner.

(3) Nothing in this section may be construed to:

(a) waive or release the customer's obligation to pay fees or charges that the district has imposed;

(b) preclude the certification of a lien under Subsection (1) with respect to past due fees or charges for commodities, services, or facilities provided after the date that title to the property is transferred to a new owner; or

(c) nullify or terminate a valid lien.

(4) After all amounts owing under a lien established as provided in this section have been paid, the local district shall file for record in the county recorder's office a release of the lien.

Renumbered and Amended by Chapter 329, 2007 General Session