Authors: Representative Wes Culver
Co-authors: Representative Mike Speedy, Representative Dale DeVon
Provides that for purposes of the statutes governing municipal sewage works and storm water works, a lien does not attach for user fees assessed against property occupied by someone other than the owner if either of the following applies: (1) The property owner or the tenant gives notice to the entity assessing the fees that the tenant is responsible for paying the fees and requests that the account or other customer or billing records maintained by the assessing entity for the property be in the name of the tenant. (2) The account or other customer or billing records maintained by the assessing entity for the property otherwise indicate that: (A) the property is occupied by someone other than the owner; and (B) the person occupying the property is responsible for paying the user fees for the property. Requires the appropriate entity to release: (1) any lien filed with the county recorder for user fees assessed against property occupied by someone other than the owner; and (2) delinquent user fees incurred by the tenant responsible for paying the fees; upon receipt of a verified demand in writing from the property owner. Makes conforming amendments to provisions setting forth the manner in which municipal storm water liens and sewer liens attach and are enforced. Amends provisions requiring notice of fee delinquencies to the property owner to specify: (1) the address to which the notice must be sent; and (2) the assessing entity's obligation to provide the notice.