A. Lien: Utility bills shall constitute a lien upon real property for which service was provided, pursuant to written agreement executed by the owner of such real property, in the manner and form prescribed by the City Clerk, and as referred to in subsection 9-12-23C of this Chapter. Upon initial hookup or any transfer in occupancy of the premises, the owner of such real property shall, as a condition precedent to receiving utility services, execute a written agreement providing that charges for City utilities shall voluntarily constitute a lien upon the premises served thereby. Every owner of real property rented to others, as a condition prerequisite to transfer of utility bills into the name of the present occupant, shall execute a written agreement acknowledging responsibility on the part of the owner for payment of such utility assessments and further providing that all such charges and assessments shall constitute a lien on the premises served thereby. The City Clerk may record all such agreements with the office of the County Recorder which, upon recording, shall serve as notice to prospective purchasers and/or transferees of the premises of the liability of owner and his/her successors in interest.
B. Delinquent Bill; Statement Of Lien Claim: Whenever a bill remains unpaid sixty (60) days after it has been mailed to the owner or occupant, as the case may be, the Clerk may file with the County Recorder a statement of lien claim. This statement shall contain the legal description of the premises served, the amount of the unpaid bill, and a notice that the City claims a lien for that amount as well as for all utility bills served subsequent to the period covered by the bill, and that the recorded owner of the premises has executed an agreement providing for creation of such lien. If the consumer whose bill is unpaid is not the owner of the premises and the Clerk has notice of such occupancy, then notice shall be mailed to the owner of the premises, if his/her address is known to the Clerk, whenever such bill remains unpaid for a period of sixty (60) days after it has been rendered. The failure of the Clerk to record such lien claim, or to mail such notice, or the failure of the owner to receive such notice, shall not affect the right to foreclose said lien in accordance with the initial written agreement endorsed by the owner. (Ord. 659, 9-27-1994)