(a)
Subject to the provisions contained in this article and pursuant
to state law, the City of Lubbock is authorized to impose a lien on
real property owned by any customer of the city’s electric,
water and/or sewer utility service when such customer has failed to
pay for the utility service provided.
(b)
Any lien authorized by this article shall include all delinquent
charges for utility service, penalties, interest, fees and collection
costs.
(c)
Any lien authorized by this article shall be perfected by recording
in the real property records of Lubbock County a notice of lien in
a form approved by the city attorney or the general counsel of Lubbock
Power & Light duly executed by the city manager or the director
of electric utilities. The notice of lien shall contain a legal description
of the real property and the utility’s account number for the
delinquent charges.
(d)
Any lien authorized by this article shall not apply to the following:
(1)
Homestead property;
(2)
Any bills for utility service connected in a tenant’s name
after the appropriate City of Lubbock utility department has received
notice from the property owner that the property is rental property;
or
(3)
Any bills for utility service connected in a tenant’s name
prior to the effective date of this division.
(e)
The lien authorized by this article shall be inferior to a bona fide
mortgage lien that is recorded before the recording of the city’s
utility lien in the real property records of Lubbock County. The lien
authorized by this article is superior to all other liens, including,
without limitation, previously recorded judgment liens and any lien
recorded after the city’s lien.
(1984 Code, sec. 9-50; Ordinance
2009-O0016, sec. 1, adopted 3/5/2009)
The city manager or the director of electric utilities shall
have the authority to release any lien imposed in accordance with
this article when all delinquent charges for utility service, penalties,
interest, fees and collection costs have been fully paid. The release
shall be in a form approved by the city attorney or the general counsel
of Lubbock Power & Light and shall be duly executed by the city
manager or the director of electric utilities and recorded in the
real property records of Lubbock County.
(1984 Code, sec. 9-51; Ordinance
2009-O0016, sec. 1, adopted 3/5/2009)
The authority and rights granted in this article are cumulative
to any and all legal rights and remedies, methods of collection and/or
security available to the City of Lubbock under common law, statutory
law, the City’s Charter or Code of Ordinances. Nothing contained
herein shall limit the authority of the City of Lubbock to refuse
utility service when delinquent utility charges exist.
(1984 Code, sec. 9-52; Ordinance
2009-O0016, sec. 1, adopted 3/5/2009)
