(A) Any fee imposed under this chapter may be billed with property taxes, may be payable in the same manner as property taxes, and, in the case of nonpayment, may be collected in any manner by which delinquent personal or real property taxes can be collected.
(1) A fee charged by the town for sewer services and remaining unpaid for a period of 90 days shall become a lien on the real property owned by the person contracting with the town for the service.
(2) Any lien placed on real property as described in division (A)(1) shall be valid from the time of filing in the office of the Clerk of Superior Court of the county in which the service was provided and shall include a statement containing the name and address of the person against whom the lien is claimed, the name of the town claiming the lien, the specific service that was provided, the amount of the unpaid charge for that service, and the date and place of furnishing that service.
(3) The county tax office, once notified of the town's lien, shall include the lien amount on any tax bills printed subsequent to the notification.
(4) A lien on real property as described in divisions (A)(1) and (A)(2) is not effective against an interest in real property conveyed after the fees become delinquent if the interest is recorded in the office of the register of deeds prior to the filing of the lien for delinquent water or sewer services.
(5) No lien under this section shall be valid unless filed in accordance with this section after 90 days of the date of the failure to pay for the service or availability fees, and within 180 days of the date of the failure to pay for the service or fees.
(6) The lien may be discharged as provided in G.S. § 44-48.
(B) A notice of the lien on the real property must be mailed by first class mail at the time the lien is filed to the property owner according to the tax records of Robeson County. Pursuant to the notification of a lien filed, the owner(s) of the property may appeal the lien as follows.
(1) Administrative review.
(a) A request to appeal the application of the lien must be received within 21 days of the date of filing.
(b) The request shall be filed on the appropriate appeal form available from the town and shall include:
1. A description of the real property including the tax identification number and physical address of the property;
2. The name, address, and telephone number of the property owner making the appeal;
3. A copy of the lien; and
4. A statement of the grounds for appeal.
(c) The appeal form shall be hand delivered or mailed via certified mail to the Town Clerk. No appeals sent by fax, email, or regular mail will be accepted.
(d) Once received, an appeal shall be reviewed by the Town Manager.
(e) The property owner(s) will be advised of the decision of the Manager by certified mail through an administrative review disposition notice.
(f) The town will not accept the following as grounds for appeal:
1. Lack of knowledge of the town's sewer billing process; and/or
2. Claim of failure to receive a billing for sewer services.
(2) Adjudication hearing.
(a) A request for an adjudication hearing before the Utilities Lien Appeal Board must be received within 21 days from the date of the administrative review disposition notice.
(b) In order to file the request for an adjudication hearing with the town, the property owner is required to pay the outstanding balance of sewer charges due as a deposit.
(c) Should the decision of the Utilities Lien Appeal Board be in favor of the property owner, said fees shall be refunded.
(d) The property owner shall be notified of the date and time of the adjudication hearing.
(e) The property owner's personal appearance at the hearing is mandatory.
(f) During the hearing, the property owner is provided an opportunity to state the circumstances of the appeal and present any supporting evidence.
(g) The property owner shall be informed of the Utilities Lien Appeal Board's decision within 72 hours of the hearing via certified mail.
(h) Should the adjudication hearing be in favor of the property owner(s), the county tax office shall be notified by the town of a decision to cancel the lien.
(C) A Utilities Lien Appeal Board shall be maintained by the town for the purpose of deciding the appeals made under this section. The Utilities Lien Appeal Board shall be made up of one member of the Board of Commissioners, selected by the Board of Commissioners; one member of the Police Department, selected by the Police Chief; the Assistant Fire Chief or the Administrative Fire Chief, selected by the Fire Chief; and one member of the Public Works Department, selected by the Public Works Director. These persons may be selected for service at any time, on a case-by-case basis.
(Ord. 18-178, passed 2-20-2018)