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HomeMy Public PortalAbout2022 0906 1st Reading: 06-2022 - Ordinance Amending the Code Section 95.140 Property Lien for Unpaid ChargesOrdinance No. 06-2022 - Page 1 of 2 ORDINANCE NO. 06-2022 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF RIVERDALE, IOWA, BY AMENDING SECTION 95.140 OF CHAPTER 95 ENTITLED WASTEWATER FACILITY BE IT ENCACTED by the City Council of the City of Riverdale, Iowa: SECTION 1. Amended Section Section 95.140 [Property Lien for Unpaid Charges; Assessment; Private Users] under “Wastewater Facility” of the Code of Ordinances of the City of Riverdale, Iowa, is hereby repealed and replaced as follows: Chapter 95 Wastewater Facility 95.140 Property Lien for Unpaid Charges; Assessment; Private Users 95.140 Property Lien for Unpaid Charges; Assessment; Private Users 1. Failure to pay comprehensive sewer service charges shall create a lien upon the property served by the public sanitary sewer system and the wastewater treatment works as provided by State law. The owner of the premises served and any lessee or tenant thereof shall be jointly and severally liable for comprehensive sewer service charges to the premises. The Clerk shall certify for taxation purposes, in establishing property liens to the County Treasurer, all delinquent comprehensive sewer service payments. For the purpose of certification, the comprehensive sewer service payment shall be designated as delinquent when same is shown and appears on the books carrying comprehensive sewer service payments that have been unpaid for a period of three (3) months following their due date. 2. A lien for delinquent service charges shall not be certified to the County Treasurer unless prior written notice of intent to certify a lien is given to the customer. If the customer is a tenant and if the owner or landlord of the property has made a written request for notice, the notice shall also be given to the owner or landlord. If the customer is a tenant and requests a change of name for service under the account, such request shall be sent to the owner or landlord of the property if the owner or landlord has made a written request for notice of any change of name for service under the account to the rental property. The notice shall be sent to the appropriate persons by ordinary mail not less than thirty (30) days prior to certification of the lien to the County Treasurer. 3. Where the User is an operator of a private or quasi-public water supply, failure to pay usage shall be subject to similar rules as to delinquency and suspension of service, property lien and certification of delinquency, as provided in Subsection 1 above. Ordinance No. 06-2022 - Page 2 of 2 SECTION 2. REPEALER. All ordinances or part of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. SEVERABILITY CLAUSE. If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional such adjudication shall not affect the validity of the ordinances as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. SECTION 4. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication as provided by law. Passed by the Council the ______ day of ____________, 2022, and approved this _____ day of ______________, 2022. APPROVED: ATTEST: ______________________________________________ ______________________________________________ Anthony Heddlesten, Mayor Kelly Krell, Deputy Clerk 1st Reading: ____________________, 2022 2nd Reading: ____________________, 2022 3rd Reading: ____________________, 2022