Any municipal water authority or company providing service to
any parcel of real property owned by any person other than the state
or an agency or subdivision thereof in the Borough of Wildwood Crest
shall have the right to make application to the Tax Collector of the
Borough of Wildwood Crest for the imposition of a lien on such parcel
upon terms and conditions as follows:
A. A service charge, cost or fee of the municipal water authority or
company with regard to any parcel of real property owned by any person
other than the state or agency or subdivision thereof in the Borough
of Wildwood Crest is unpaid as and when due.
B. The municipal water authority or company shall file in the office
of the Tax Collector of the Borough of Wildwood Crest a 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 Borough of Wildwood
Crest.
The Tax Collector of the Borough of Wildwood Crest shall record within 30 days of receipt of that statement provided in §
80A-1B hereinabove as a lien any unpaid service charges plus interest at the rate charged by said municipal water authority or company in the same manner as prescribed by the provisions of N.J.S.A. 40:14B-42 or by contract entered into between the Borough of Wildwood Crest and the municipal water authority or company.
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 municipal water
authority or company, such statements shall be promptly withdrawn
or cancelled by the municipal water authority or company, and notice
of same shall forthwith be provided unto the Tax Collector.
The Tax Collector or other official of the Borough of Wildwood
Crest 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 the Borough of Wildwood Crest, all service charges
and the lien thereof shown in any statement filed with said Tax Collector
or official by any municipal water authority or company pursuant to
the preceding sections of this ordinance and N.J.S.A. 40:14B-42, and
shall pay over to the municipal water authority or company the sums
or prorated share of the sums as upon such enforcement or upon liquidation
of any property acquired by the Borough of Wildwood Crest by virtue
of such enforcement.
In the event that a service charge of any municipal water authority
or company with regard to any parcel of real property shall not be
paid as and when due, interest shall accrue and be due to the municipal
water authority or company on the unpaid balance at the rate charged
by said municipal water authority or company until such service charge
and the interest thereon shall be fully paid to the municipal water
authority or company.
All reasonable costs and expenses incurred by the municipality
in filing and enforcing such lien shall be added to said liens. Said
costs and expenses shall be reimbursed by the municipal water authority
or company upon tender of an invoice in proper form therefor.
If any provision of this ordinance is declared invalid by any
court of competent jurisdiction, the remaining provisions of this
ordinance shall not be affected thereby.
This ordinance shall become effective 10 days after its final
passage. Publication shall be made as provided by law.