GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H                                                                                                                                                    1

HOUSE BILL 1054

Short Title:        Spindale Sewer Fee Collection.		(Local)
Sponsors:	Representative Hager (Primary Sponsor). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site.
Referred to:	Government, if favorable, Finance.

May 15, 2014

A BILL TO BE ENTITLED

AN ACT to authorize the town of spindale to attach personal property, garnish wages, and place liens on certain real property to collect unpaid fees for sewer availability.

The General Assembly of North Carolina enacts:

SECTION 1.  If a town enters into an interlocal contract or agreement pursuant to G.S. 160A‑461 for the county to place on the tax bill and to collect a sewer availability fee charged by the town, the county may collect the fee in any manner by which delinquent real property taxes can be collected. Fees become delinquent and accrue interest in the same manner as delinquent real property taxes. The delinquent fees are a lien on the real property owned by the person and benefitted by the sewer availability. 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 property is located and shall include a statement containing the name and address of the person against whom the lien is claimed, the name of the town claiming the lien, the sewer availability provided, the amount of the unpaid charge for that availability, and the date or time period to which the availability pertains. A lien on real property is not effective against an interest in real property conveyed after the fees become delinquent if the interest is recorded in the office of the register of deeds prior to the filing of the lien. No lien under this act shall be valid unless filed in accordance with this section within 180 days of the date the fee becomes delinquent. The lien may be discharged as provided in G.S. 44‑48. Fees and associated liens shall be released or refunded by the town only pursuant to the release and refund provisions that apply to property taxes under G.S. 105‑381.

SECTION 2.  This act applies to the Town of Spindale.

SECTION 3.  This act is effective when it becomes law.