[Adopted 7-14-1997 by Ord. No. 240]
The Township of Grosse Ile, Wayne County, Michigan,
shall have and there is hereby created as security for the collection
of any water rates, or any assessments, charges or rentals due or
to become due for the use of consumption of water supplied to any
house or other building or any premises, lot or lots, or parcel or
parcels of land by the Township through operation of its water distribution
system, a lien upon such house or other building and upon the premises
or lot, or lots, or parcel or parcels upon which such house or other
building shall be situated or to which such water was supplied.
The lien created pursuant to foregoing section
of this article shall become effective immediately upon the distribution
of the water through the Township's water distribution system to the
premises or property supplied as stated in the foregoing section of
this article.
The lien created pursuant to this article shall
have priority over all other liens except taxes or special assessments
whether or not such other liens accrued or were recorded prior to
the accrual of the water lien created under this article.
[Amended 7-22-2002]
In any instance where a lease has been legally
executed which contains a provision therein that the lessee or tenant
shall be liable for payment of water bills at the leased premises,
no water lien as provided for in this article shall be created or
exist as to any such water bills for water service to the leased premises
accruing subsequent to the filing by the lessor of an affidavit with
the Township's Department of Public Works (DPW) setting forth the
existence of such a lease containing such a provision; containing
the expiration date of such lease; and providing that the lessor will
give 20 days' notice to the Township's DPW Department of any cancellation,
change in or termination of said lease. Where notice is given by the
aforestated affidavit that a lessee is responsible for the payment
of water bills under the provisions of his lease, no further water
service shall be rendered to such premises after the date of filing
such affidavit with the Township's DPW Department until a cash deposit
as set from time to time by the Township Board shall have been made
as security for the payment of such charges and service.
In addition to other remedies provided by statute
or otherwise, the Township shall have the right to discontinue water
service to the premises against which the water lien has accrued whenever
any person shall fail to pay the rates, assessments, charges or rentals
for such water service to the premises. No attempt of the Township
to collect such water rates, assessments, charges or rentals by any
process provided for under statute or otherwise shall in any way invalidate
or waive the lien upon the premises.
In the event that any water rates, assessments,
charges or rentals due for water service supplied by the Township
shall not be paid and said unpaid charges exceed $300, the Township
official in charge of the collection thereof shall have said charges
entered upon the next tax roll as a charge against such premises for
the winter tax bill along with a fifteen-percent administration fee
and it shall be collected and the lien thereof enforced. The Township
Board may by resolution amend this section in the future as to when
the delinquent water bill may be placed on the winter tax bill and
the administration fee to be charged.
