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HomeMy Public PortalAboutADM-135_Water & Sewer Liens Policy_Effective 03-31-2021 City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES WATER AND SEWER LIENS/DISCONTINUANCE OF SERVICE/ABATEMENTS Policy Number Effective Date Last Revision Page No. ADM-135 3/31/2021 Page 1 of 4 Approved by: Section 1.0: Purpose This policy details the process of when liens will be placed on properties for past due water and sewer payments. This policy also details the procedures regarding discontinuance of water service for past due bills. This policy addresses payment plans for past due water and sewer bills. Section 2.0: Scope This policy applies to the Water and Sewer Divisions of the Department of Public Works, the Finance Department, the City Clerk’s Office and Human Services Department. Section 3.0: Definitions Abatement- The elimination or reduction of a water or sewer bill for service, fee or assessment. Section 4.0: Policy Detail This policy is not intended to replicate the provisions that are already established in State statute and City Code Chapters 136 and 182. This policy further defines the processes to create a guide and standard for staff to utilize in the administration of water and sewer billing that is past due. Section 5.0: Procedures A. Liens- The Tax Collector is responsible for implementing the lien process as follows for past due water and sewer bills. 1. The Finance Director shall commit to the Tax Collector any unpaid past due water or sewer bills. 2. In January of each year, "Letters of Arrears" are sent to homeowners with any outstanding balance over $5.00 (to inform user of open balance). 3. In March (30 days after Letter of Arrears), "Letters of Impending Lien" are sent by Certified Mail. This adds (current fee) per State Statute. DocuSign Envelope ID: 53F12ED1-28F6-46C4-AE5E-294671888B5D City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES WATER AND SEWER LIENS/DISCONTINUANCE OF SERVICE/ABATEMENTS Policy Number Effective Date Last Revision Page No. ADM-135 3/31/2021 Page 2 of 4 Approved by: 4. In April (30 days after Letter of Impending Lien), the lien is recorded at the Grafton County Registry of Deeds for unpaid balance. This adds the "lien fee" (current fee) per State Statute. 5. In June (within 45 days of date of lien), letters are sent to mortgage holders notifying them of the lien. This adds a $20.00 fee (current fee per Mortgagee) per State Statute. 6. After two years - If any balance remains on a lien after two years and a day from the date of the lien, the property owner and mortgage holder receives a "Letter of Impending Deed" sent certified mail with a $10.00 fee added (current fee) per State Statute. At this point, the City can take title to the property for unpaid water and/or sewer liens. B. Properties Deeded to the City through a Tax Lien This section pertains to all properties deeded to the City because of nonpayment of water bills or sewer rents. This policy is based on the premise that neither the City nor the Water or Sewer Utility shall take advantage of each other. Where the City is deriving no income with respect to properties which it owns through tax deed, it is not reasonable for the utilities to derive income from these properties. Conversely, the utilities should ultimately be paid for prior amounts outstanding and owed. These amounts being principal, interest and lien fees which are owed prior to the City taking the parcel. 1. Tax deeded properties which derive no income to the City shall not be charged any utility fees during said time at which they derive no income. 2. Charges owed to the utilities prior to tax deeding shall be liened by Notice of Assessment filed at the Registry of Deeds. This Notice of Assessment shall be paid by the purchaser at the time that the property is sold on the market for taxes, or by the City if it begins to derive income from the property. 3. If the City decides to retain a property and designates it for potential building, it shall be liable for "access only" charges throughout the duration in which it owns the property and shall also be responsible for all fees owed as a result of "Liens" or "Notice of Assessment" at the Registry of Deeds. DocuSign Envelope ID: 53F12ED1-28F6-46C4-AE5E-294671888B5D City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES WATER AND SEWER LIENS/DISCONTINUANCE OF SERVICE/ABATEMENTS Policy Number Effective Date Last Revision Page No. ADM-135 3/31/2021 Page 3 of 4 Approved by: 4. If the property is sold for less than the value of the Notice of Assessments, the loss shall be recorded on the books of the City and the utilities as a loss to the utilities in proportional value to the respective amounts of fees owed. C. Discontinuance of Water Service City Code 182-29 Discontinuance of Service details the process and reasons for discontinuance of water service. The code provision is permissive in that it states water service may be discontinued for the reasons indicted in that section. 1. 14 days after a bill for water or sewer service is due and has not been paid, a NOTICE OF LATE PAYMENT shall be sent by the Utility Billing Clerk to the owner of the property demanding payment of the amounts due including interest fees. 2. 30 days after a water or sewer service is due and has not been paid a DISCONTINUANCE OF SERVICE NOTICE shall be sent by the Utility Billing Clerk to the owner of the property demanding payment of the amounts due including interest and fees. Door placards shall be placed on the main door of each property and the door of individual leased/rented space within a property provided those doors can be accessed. 3. 10 days after the DISCONTINUANCE OF SERVICE NOTICE has been sent the Department of Public Works, Utilities Division shall discontinue water service for the property with past due water or sewer bills. Service shall not be restored until payment for past due water or sewer bills including fees and interest have been paid or other approved arrangements are made. D. Hardship, Payment Plans and Abatements 1. Requests for payment plans due to financial hardship shall be filed with the Utility Billing Clerk, reviewed by the Department of Public Works and approved or denied by the City Manager in accordance with the provisions of City Codes 182-33 and 136-80 . DocuSign Envelope ID: 53F12ED1-28F6-46C4-AE5E-294671888B5D City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES WATER AND SEWER LIENS/DISCONTINUANCE OF SERVICE/ABATEMENTS Policy Number Effective Date Last Revision Page No. ADM-135 3/31/2021 Page 4 of 4 Approved by: 2. Requests for abatements shall be filed with the Department of Public Works and approved or denied by the City Manager in accordance the provisions of City Codes 182-33 and 136-80 . Section 6.0: References (Charter/Code/State Statues) 1. City Code Chapter 136 Sewer 2. City Code Chapter 182 Water 3. NH RSA 38:22 Liens and Collection of Charges 4. NH RSA 38:31 Discontinuance of Service Section 7.0: Policy & Procedure Revision History Section Revisions Date Original Adoption 3/31/2021 Amendment Amendment Amendment DocuSign Envelope ID: 53F12ED1-28F6-46C4-AE5E-294671888B5D FIN-Generates Invoices to Customers CM-Approves Water/Sewer Warrants FIN-Water/Sewer Warrants Prepared DPW-Meter Reading WATER AND SEWER BILLING PROCESSES This act commits the Finance Director to collect the revenue Third Party generates invoices and sends to customers FIN-Customer Pays bills within 30 days FIN-Customer Fails to pay bills within 30 days FIN-Customer Requests Abatement or Payment Plan FIN-Commits past due bills to TC inJanuary of each year CM-Approves/ Denies Request FIN/DPW-Review request and make recommendation to CM CC-Accepts or Denies Deed TC-Issues Tax Deed to City Council for Action TC-Sends Letter of Impending Deed 2 years after lien TC-Sends Lien notice to Mortgage Holders TC-Records Lien with the GCRD in April of each year TC-Sends Letter of Impending Lien March of each year TC-Sends Letter of Arrears in Jan./Feb. of each year FIN-Issues Notice of Late Payment 14 days after due date DPW-Shuts off water to premises 10 days after Discontinuance Notice is sent DPW-Places Placards on Doors FIN-Issues Discontinuance of Service Notice 30 days after due date DISCONTINUANCE OF SERVICE LIEN ABATEMENT AND PAYMENT PLANS NOTE: Once a past due bill is committed to the TC, the TC will collect any past due amounts not Finance