A. Definitions: All charges, costs, and assessments imposed by the city of Heppner pursuant to ordinances of the city of Heppner including, but not limited to, water service charges and sewer service charges shall constitute a lien imposable against residents who own property in the city of Heppner.
B. Notification: When a lien is imposable pursuant to the terms of subsection A of this section, and when the charges and assessments become ninety (90) days overdue, the owner of the real property to which these charges or assessments may relate shall be notified in writing by the city administrator of the city of Heppner of the nature of the charges due and that the charges will be imposed as a lien against the real property owned by the owner unless paid within ten (10) days.
C. Lien Claim: If the lien is not paid within ten (10) days after notice is mailed to the property owners, the city administrator shall cause to be entered in the city lien docket a statement of lien claim and the city administrator shall cause to be served upon the property owners by registered certified mail and first class mail, a copy of the notice of lien claim. The lien claim shall add to the amount of the claim, ascertained in the notice, the amount of fees actually paid for the recording or filing of the lien notice. Upon entry being made, it shall constitute a lien against the property for which the assessments or charges were made. Also, the notice of claim of lien may be recorded in the county deed record.
D. Time Limit On Lien Claim: The notice of lien claim shall exist as a lien against the property so filed in accordance herein until paid in full.
E. Interest: The city's lien shall bear simple interest at the statutory rate of nine percent (9%) per annum, until the lien is either foreclosed or paid.
F. Option Of Foreclosure Of Lien: The city shall have the option of foreclosing the lien pursuant to lien foreclosure proceedings as set forth in Oregon Revised Statutes 223.505 through 223.650. The city's choice, in its sole discretion, to not exercise its right of foreclosure shall not constitute either waiver nor vacation of the lien.
G. Costs: In any foreclosure action by the city, the city shall be entitled to such costs, attorney fees and interest as may be allowed by statute for foreclosure proceedings in addition to the amount due in the notice of lien entered in the city lien docket. Interest shall accrue at the statutory legal rate of interest in the state of Oregon from the date of the lien filing. (Ord. 572-14, 2-10-2014)