[Adopted 5-27-2014 by Ord. No. O-9-2014]
The Water Utility of the Borough of Newfield, 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 Township of Franklin, shall have the right to make
application to the Tax Collector of the Township of Franklin 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 Borough
of Newfield, its successors or assigns with regard to any parcel of
real property owned by any person other than the state agency or subdivision
thereof in the Township of Franklin is unpaid as and when due.
B. The Water Utility of the Borough of Newfield, its successors or assigns
shall file in the office of the Tax Collector of the Township of Franklin
a certified delinquency statement showing the amount and date due
to such an unpaid balance for the service charges and identifying
such parcel, by lot and block number and address, which identification
may be sufficiently made by reference to the Assessment Map of the
Township of Franklin.
The Tax Collector of the Township of Franklin shall record, within 30 days of the receipt of that statement provided in §
387-1B hereinabove, as a lien any unpaid service charges plus interest at the rate charged by said Water Utility of the Borough of Newfield, its successors or assigns, in the same manner as prescribed by the provisions of N.J.S.A. 40:14B-42 or by agreement entered into between the Township of Franklin and the Water Utility of the Borough of Newfield, its successors or assigns.
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 Borough of Newfield, its successors or assigns, such statement
shall be properly withdrawn or canceled, and notice of the same shall
forthwith be provided to the Tax Collector of the Township of Franklin.
The Tax Collector or other official of the Township of Franklin
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 Borough of Newfield, 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 Borough of Newfield,
its successors or assigns the sums or prorated share of the sums obtained
upon liquidation of any property acquired by the Township of Franklin
or otherwise obtained by virtue of such enforcement.
In the event that a service charge of the Water Utility of the
Borough of Newfield, 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 interest thereon shall be fully paid.
All reasonable costs and expenses incurred by the Township of
Franklin in the filing and enforcing of such lien shall be added to
said liens and be chargeable to the owners of the real property against
which the liens have been placed. Said costs and expenses shall be
retained by the Township of Franklin or reimbursed by the Water Utility
of the Borough of Newfield, its successors or assigns upon tender
of an invoice in proper form thereof.