(A) Notice; security deposit. The charges for services which are under the provisions of Public Act 94 of 1933, § 21, being M.C.L.A. § 141.121, as amended, make a lien on all premises served thereby, and are hereby recognized to constitute the lien. Whenever any such charge against any piece of property shall be delinquent for six months, the Authority Manager or his or her representative in charge of the collection thereof shall certify annually, on August 1 of each year, to the tax assessing officer of the city, the facts of the delinquency whereupon the charge shall be entered by him or her upon the next tax roll as a charge against the premises and shall be collected and the lien thereof enforced in the same manner as general city taxes against the premises are collected and the lien thereof enforced; provided, however, that where notice is given that a tenant is responsible for the charges and service as provided by Public Act 94 of 1933, § 21, being M.C.L.A. § 141.121, no further service shall be rendered the premises until a cash deposit in the amount of $36 shall have been made as security for payment of the charges and service; provided, however, that when a tenant, not the owner of the property, is the customer to receive service and is the party who will be responsible for the charges, then prior to furnishing of the service, either the tenant or the property owner shall notify the Kalamazoo Lake Sewer and Water Authority, in writing, of the fact of the tenancy and that the tenant will be responsible for the payment of the services. The tenant and/or the property owner shall further provide a copy of the lease, if there is one, and the term of the tenancy. The tenant and/or the landlord shall further deposit with the Kalamazoo Lake Sewer and Water Authority the sum of $100 for residential uses, and, in the case of nonresidential uses, the sum of $100, or an amount equal to the average annual charges to the premises based on the two immediate preceding calendar years, whichever is greater. The cash deposit shall be made prior to the furnishing of service to the premises. If the notice and cash security deposit are provided as set forth in this section, then the charges shall not become a lien on the premises, where the customer receiving the service is a tenant and not the property owner.
(B) No waiver. If the tenant fails to provide the notice and cash security deposit as required in division (A) above, the charges against the property may be a lien on the premises, even if the Kalamazoo Lake Sewer and Water Authority inadvertently provides service to a tenant without having received a written notice of the tenancy or the amount of the security provided for in this section. The providing of service in the case shall not constitute a waiver of the right of the Kalamazoo Lake Sewer and Water Authority to impose a lien on the premises for unpaid charges.
(1995 Code, § 58-86) (Ord. 86, passed 11-7-1983; Am. Ord. 117, passed 12-7-1987)