In the event a customer fails to pay any sum due the town under the provisions of this chapter, the town shall have a lien on the real property to which the service is provided for the amount of any such unpaid sums. The lien shall exist for a period of five years from and after a claim for lien is filed in the public records of the county. Such lien must be filed within one year after the due date of the payments included therein, and any action to foreclose such lien shall be filed in the Superior Court of Arizona, Maricopa County, Arizona, within five years from the date such lien is filed in such county and shall be foreclosed in the same manner as a judicial foreclosure of a mortgage on real estate and in accordance with the rules applicable thereto. The town shall be entitled to recover its reasonable attorney's fees and costs incurred in the foreclosure of any such lien. Where the property owner of the property subject to this lien is other than the customer, the town shall give to the owner of record of the property to which service was provided written notice of intent to file the lien herein at least 30 days prior to the filing thereof and, if the sum due for which said lien is claimed is paid prior to the expiration of said 30-day period, no such lien shall be filed for the amount paid. Such notice shall be given through the United States Mail, postage prepaid, addressed to the address of the owner of such property as appears on the Assessor's records for such property. Upon payment of any such lien, the Town Manager or his or her designee is authorized to release said lien for and on behalf of the town.
(`87 Code, Art. 17-8) (Ord. 94-06, passed 3-7-94)