ARIZONA STATE SENATE
Phoenix, Arizona
municipal utility liens;
water
Makes
changes to procedure and definitions regarding a city or town filing a lien for
nonpayment of utility user fees.
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. Requires a city or town to provide an opportunity for a hearing with a designated city or town official before the lien is recorded.
2. Broadens the definition of utility user fees to include fees charged for providing water.
3. Provides for a general effective date.
Amendments
Adopted by Committee
Removes requirement that delinquent fees exceed $1,000 for a city or town to file a lien for nonpayment of utility fees.
3rd Read 3/19/01 39-16-5
Prepared by Senate Staff
April 10, 2001