City of North Wildwood, NJ Chapter 280 Liens

[HISTORY: Adopted by the North Wildwood City Council as indicated in article histories. Amendments noted where applicable.]

Article I Failure To Pay Water Assessments

[Adopted 12-21-1982 by Ord. No. 826]

§ 280-1 Right of Water Utility.

The Water Utility of the City of Wildwood, its successors or assigns after providing service to any parcel of real property owned by any person other than the state or an agency or subdivision thereof in the City of North Wildwood shall have the right to make application to the Tax Collector of the City of North Wildwood for the imposition of a lien on such parcel upon terms and conditions as follows:

A. A service charge, cost or fee of the Water Utility of the City of Wildwood, its successors or assigns with regard to any parcel of real property owned by any person other than the state or agency or subdivision thereof in the City of North Wildwood is unpaid as and when due.

B. The Water Utility of the City of Wildwood, its successors or assigns shall file in the office of the Tax Collector of the City of North Wildwood a certified delinquency statement showing the amount and due date of such unpaid balance for service charges and identify such parcel, which identification may be sufficiently made by reference to the Assessment Map of the City of North Wildwood.

§ 280-2 Recording of unpaid charges.

The Tax Collector of the City of North Wildwood shall record, within 30 days of receipt of that statement provided in § 280-1B hereinabove, as a lien any unpaid service charges plus interest at the rate charged by said Water Utility of the City of Wildwood, its successors or assigns in the same manner as prescribed by the provisions of N.J.S.A. 40:14B-42 or by contract entered into between the City of North Wildwood and the Water Utility of the City of Wildwood, its successors or assigns.

§ 280-3 Withdrawal of statement upon payment.

Whenever any outstanding service charge, cost or fee and any subsequent service charge with regard to such parcel and all interest accrued thereon shall have been fully paid to the Water Utility of the City of Wildwood, its successors or assigns, such statements shall be promptly withdrawn or canceled, and notice of same shall forthwith be provided unto the Tax Collector of the City of North Wildwood.

§ 280-4 Enforcement.

The Tax Collector or other official of the City of North Wildwood charged by law with the duty of enforcing municipal liens on real property shall enforce, with and as any other municipal lien on real property in such township, all service charges and the lien thereof shown in any statement filed with said Collector or officer by the Water Utility of the City of Wildwood, its successors or assigns pursuant to the preceding sections of this article and N.J.S.A. 40:14B-42 and shall pay over to the Water Utility of the City of Wildwood, its successors or assigns the sums or prorated share of the sums obtained upon liquidation of any property acquired by the City of North Wildwood or otherwise obtained by virtue of such enforcement.

§ 280-5 Interest on unpaid balance.

In the event that a service charge of the Water Utility of the City of Wildwood, its successors or assigns with regard to any parcel of real property shall not be paid when due, interest shall accrue and be due to such Utility, its successors or assigns on the unpaid balance at the rate charged by them until such service charge and the interest thereon shall be fully paid.

§ 280-6 Costs and expenses.

All reasonable costs and expenses incurred by the City of North Wildwood in filing and enforcing such lien shall be added to said liens. Said costs and expenses shall be retained by the City of North Wildwood or reimbursed by the Water Utility of the City of Wildwood, its successors or assigns upon tender of an invoice in proper form thereof.