ARIZONA STATE SENATE
Phoenix, Arizona
municipal utility liens;
water
Limits
city or towns from filing a lien for non payment of utility fees to outstanding
fees of $1,000 or more.
A
utility user fee is defined in statute as a fee charged for sewer services
provided to a property. Currently, a city or town may file a lien on a property
if the utility user fees payment is not received for services to the property. The law stipulates that the payment of the
fees must be delinquent for more than 90 days before the lien can be
filed. Additionally, at least 30 days
before filing the lien, the town must provide written notice to the property
owner to allow time for a hearing with a designated city or town official.
As
utility user fee is currently defined, a city or town may only file a lien for
sewer services provided. Many cities
and towns include water on the same line item as sewer, making the legality of
placing a lien on only sewer unclear.
This legislation broadens the definition of utility users to include
fees for water.
There
is no direct fiscal impact to the state general fund associated with this
legislation.
1. Prohibits a city or town from filing a lien on a property for the nonpayment of utility user fees unless the total amount delinquent for services provided exceeds $1,000.
2. Requires a city or town to provide an opportunity for a hearing with a designated city or town official before the lien is recorded.
3. Broadens the definition of utility user fees to include fees charged for providing water.
4. Provides for a general effective date.
3rd Read
3/19/01 39-16-5
Prepared by Senate Staff
April 5, 2001