(A) All contracts for the service of water for commercial or residential use shall be on an annual basis covering the period from January 1 through December 31 of each year and automatically renewable. All owners of residential and commercial parcels occupied or vacant, shall contract with the town for water service for the purpose of paying the monthly basic facility charge. Persons entering into contracts with the town for water service shall be responsible for ascertaining and paying water service charges hereinafter provided as such charges accrue. All water contracts now in existence are hereby amended to conform with all of the provisions hereof and as so amended shall continue in force. The Town Council will mail notices of accruing charges to water users at mailing addresses furnished by the contracting parties, but it is the responsibility of the contracting party that the Town Council be advised of his or her current and correct address.
(B) Any residential and/or commercial property owner who fails to contract with the town for the monthly basic facility charge, any monthly usage charge, any penalties and interest, if any, shall accrue and become the obligation of the owner. In addition, a lien shall be placed upon the property.
(C) The amount owed to the town under this section along with any penalties, fines, interest and cost of collection including attorney fees are declared to be a charge and continuing lien upon the property (lot) and shall run with the land. The town shall have the right to enforce the lien by bringing an action to the Small Claims Court for Charleston County of the Circuit Court. The cost of collection, including, but not limited to, filing fee, process of service and attorney fees shall be the responsibility of the property owner and shall become a part of the lien.
(D) Where an institutional mortgagee obtains title to the property (lot) as a result of foreclosure of its first mortgage or deed in lieu of foreclosure, such institutional mortgagee shall not be liable for the amount due and owing pertaining to that property (lot) that became due prior to the acquisition of title by such mortgagee as a result of the foreclosure or deed in lieu thereof, unless the amount due and owing is secured by a claim of lien recorded prior to the recording of the applicable mortgage.
(Prior Code, § 20-6) (Ord. passed 11-2-1969) (Ord. passed 7-15-2008)