[Ord. No. 1161, 3-6-1996]
Except as otherwise provided or limited by state law, the City
shall have as security for the collection of all charges for water
services as authorized by the Collection of Water Charges Act, a lien
upon the premises to which such water services were supplied. Such
lien shall become effective immediately upon the distribution or supplying
of such water service or services to such premises, but shall not
be enforceable for more than three years. The term "charges for water
services" shall mean the rates, any assessments, fees, or rentals
due or to become due, respectively, and all other charges for furnishing
such service, and all repairs, maintenance and alterations of such
service, which the City determines to be the responsibility of the
service customer.
[Ord. No. 1161, 3-6-1996]
Those charges which are delinquent for three months or more
on June 30 of each year shall be reported by the City Auditor to the
Council at the first meeting thereof in the month of July. The Council
thereupon shall order the publication in a newspaper published in
the City of notice to all owners of property within the City that
all unpaid water charges which have remained unpaid for a period of
three months or more prior to June 30, which have not been paid by
October 1, shall be assessed upon the City's tax roll against
the premises to which the water services were supplied or furnished
and that such charges shall be collected in the same manner as the
City taxes on such tax roll.
[Ord. No. 1161, 3-6-1996]
All such water charges which remain unpaid on October 1 shall
be transferred to the City's tax roll and assessed against the
premises to which the water service was supplied or furnished. This
assessment shall be collected with, and in the same manner as, City
taxes. If the same have remained delinquent and unpaid after the expiration
of the time limited in the Treasurer's warrant for the collection
of taxes levied in such tax roll, such charges shall be returned to
the County Treasurer to be collected in the same manner as the lien
created by City taxes on the delinquent tax roll of the City.
[Ord. No. 1161, 3-6-1996; amended 10-1-2014 by Ord. No. 1639]
If the owner of a premises which receives water services provided
by the Holland Board of Public Works shall lease such premises to
a tenant who is responsible under the lease for the payment of the
charges for water services, and such property owner notifies the HBPW,
in writing, of such fact, the notice to include a true copy of the
lease of the affected premises executed by the owner or his/her designated
agent and the tenant, then the charges for water services provided
to such leased premises shall not become a lien against the premises
after the date such notice is received by the HBPW. Immediately after
the filing of such notice, the HBPW shall render no further service
to the premises until it receives from the tenant, or an individual
or entity acting on behalf of the tenant, a security deposit as security
for the payment of the water charges. Deposits shall be refunded to
the tenant, or to the individual or entity that paid the deposit on
behalf of the tenant, upon a customer's completion of 12 consecutive
months of good credit history or upon the termination of utility service
with the account in good standing.
