(A) The Finance Director may file a lien on property for the nonpayment of sewer user fees for services provided to the property if the payment of the fees is delinquent for more than 90 days.
(B) Before filing the lien, the Finance Director shall provide written notice to the owner of the property. The notice shall be given at least 30 days before filing the lien and shall include an opportunity for a hearing with an official to be designated by the City Council for such purposes. The notice shall be either served personally on or mailed to the property owner, at the last known address by certified mail, or to the address to which the tax bill for the property was last mailed. If the owner does not reside on the property, the notice shall be sent to the last known address of the owner. If served by mail, notice shall be deemed to be complete on the date on which the notice is deposited in the United States mail.
(C) The unpaid sewer user fees are a lien on the property from the date of recording of the lien in the office of the County Recorder until the fees are paid. The lien is subject and inferior to the lien for general taxes and to all prior recorded mortgages and encumbrances of record. A sale of the property to satisfy a lien obtained under this section shall be made following a judgment of foreclosure and order of sale. The City may bring an action to enforce the lien in the County Superior Court at any time after the recording of the lien, but failure to enforce the lien by a foreclosure lawsuit shall not affect the validity of the lien. The recorded unpaid sewer user fees lien shall be prima facie evidence of the truth of all matters recited in the recording and of the regularity of all proceedings before the recording.
(D) Unpaid sewer user fees shall accrue interest at the rate prescribed by A.R.S. § 44-1201 from the date on which they became due and payable until the date on which they are paid in full.
(E) A prior assessment of unpaid sewer user fees does not bar a subsequent assessment for these purposes and any number of liens on the same lot or tract of land may be enforced in the same lawsuit.
(Prior Code, § 12-5) (Ord. 11-12, passed 7-11-2011)