(a)
When delinquent charges imposed by this article for utility service remain unpaid, the city attorney may impose a lien on the city’s behalf against the real property to which such service was delivered. If the customer of such service is a rental tenant only, the city attorney may impose a lien against any real or personal property held individually or jointly by the customer for delinquent bills incurred by the customer. The lien shall include and secure the delinquent charges, penalties, interest, and collection costs. The city attorney shall perfect the lien by filing a notice of lien containing a legal description of the property and the utility account number for the delinquent charges in the real property records of the county.
(b)
The lien authorized in this section shall not apply to bills for service connected in a tenant’s name after notice by the property owner to the city that the property is rental property.
(c)
The lien authorized by this article shall not apply to homestead property as protected by the Texas Constitution.
(d)
The lien authorized in this section is superior to all liens except a bona fide mortgage lien that is recorded before the recording of the city’s utility lien in the real property records of the county.
(Ordinance 135, att. A, adopted 10/22/08)