(A) A lien may be filed whenever a bill for water or sewer service is unpaid, industrial cost recovery is unpaid, damage or cleanup costs associated with spills, cross-connection violations, or other violations of this chapter are unpaid, or if any costs of remedy or recovery to the potable water supply, potable water supply system or sewer system remain unpaid. In addition to the direct costs associated with the cleanup, recovery or remedy, the amount claimed in the lien may include attorney fees, engineering fees, other professional fees, wages paid to city employees and contractors, and use of the equipment of the city or its contractors. The City Administrator shall file with the County Recorder a statement of lien claim. This statement shall contain a statement describing the premises served, the amount of the unpaid bill, and a notice that the city claims a lien for the amount stated as well as for all charges subsequent to the period covered by the bill. The lien may be filed against the owners of the property, including but not limited to owners of the fee simple, beneficial owners of a land trust, purchasers under an installment contract and lessees.
(B) The City Administrator shall mail or otherwise serve a copy of the notice of lien to the owners of the property and all interested persons. The failure to mail this notice shall not affect the right to foreclose upon the lien.
(C) The city may foreclose upon the lien in the manner provided for by law. The proceeds from the sale of the property shall be applied to pay the costs and attorney fees associated with the unpaid bills and the foreclosure, and the amount of the unpaid bill.
(D) The remedies in this section are cumulative to any other remedy provided by law or ordinance. In the event a statute mandates a period of time before an action can be taken or a procedure to be followed, the requirements of the statute shall control. This section shall apply to any charge or bill authorized or imposed by this chapter and Chapters 52 and 53.
(1986 Code, § 20-18) (Ord. 1994-33, passed 11-9-1994)