11-264. Authority to operate a sewage system; liens; sewage system user fees

A. Any county with a population between one million and two million persons may purchase, construct or operate a sewage system, including the collection, transportation, pumping, treatment and disposal of sewage, and charge fees and levy taxes therefor, if the county secures the assent by resolution of the governing bodies of those incorporated cities and towns representing not less than one-half of the population of the county before purchase, construction or operation of a sewage system. Once an initial assent is given no further assent is necessary to operate or improve the system.

B. The provisions of this section are declaratory of existing law and shall not affect the validity of the authorization or issuance of any bonds by a county for sewage purposes.

C. A county may file a lien on property for the nonpayment of sewage system user fees for services provided to the property if the payment of the fees is delinquent for more than ninety days.

D. Before filing the lien, the county shall provide written notice to the owner of the property. The notice shall be given at least thirty days before filing the lien and shall include an opportunity for a hearing with a designated county official. The notice shall be either personally served or mailed to the property owner, at the last known address by certified mail, or to the address to which the tax bill for the property was last mailed. If the owner does not reside on the property, the notice shall be sent to the last known address.

E. The unpaid sewage system user fees, from the date of recording in the office of the county recorder in the county in which the property is located, are a lien on the property until the fees are paid. The lien is subject and inferior to the lien for general taxes and to all prior recorded mortgages and encumbrances of record. A sale of the property to satisfy a lien obtained under this section shall be made on judgment of foreclosure and order of sale. A county may bring an action to enforce the lien in the superior court in the county in which the property is located at any time after the recording, but failure to enforce the lien by this action does not affect its validity. The recorded unpaid sewage system user fees are prima facie evidence of the truth of all matters recited in the recording and of the regularity of all proceedings before the recording.

F. Unpaid sewage system user fees pursuant to this section accrue interest at the rate prescribed by section 44-1201.

G. A prior assessment of unpaid sewage system user fees for the purposes provided in this section does not bar a subsequent assessment for these purposes and any number of liens on the same lot or tract of land may be enforced in the same action.

H. Subsection C of this section does not apply to residential property occupied by a lessee where the lessee is responsible for payment of the sewage system user fees. The county shall determine the status of leased residential property before filing the lien.