(A) Generally.
(1) Charges or rates for water service are liens upon the real estate upon or for which service is supplied whenever the charges or rates become delinquent. A bill will be considered delinquent if unpaid, in whole or in part, 60 days after its due date. The lien hereby established shall have no preference over the rights of any purchases, mortgagee, judgment creditor or other lien holder arising prior to the filing of the notice of the lien in the office of the Recorder of Deeds of the county in which the real estate involved is located. The notice shall consist of a sworn statement by the Director of Utilities and Engineering, an attorney for the city, the Mayor or City Clerk which sets out:
(a) A description of the real estate sufficient for the identification thereof;
(b) The amount of money due for the service; and
(c) The date when the amount become delinquent.
(2) The city has the power to foreclose this lien in the same manner and with the same effects as in the foreclosure of mortgages on real estate. Any member of the Legal Department is authorized to institute proceedings on behalf of the city.
(B) Remedy not exclusive. The other remedies provided herein shall not be deemed to be exclusive. The city shall also have the power, from time to time, to sue the occupant or user of the real estate in a civil action to recover the money due for services rendered, plus a reasonable attorney’s fee, to be fixed by the court. Whenever a judgment is obtained in a civil action, the foregoing provisions in this section with respect to filing sworn statements of the delinquencies in the office of the Recorder of Deeds and creating a lien against the real estate shall not be effective thereafter as to charges sued upon and no lien shall exist thereafter against the real estate for the delinquency. Judgment in a civil action operates as a release and waiver of the lien for the amount of the judgment.
(1980 Code, § 25.309) Penalty, see § 52.999