SPINDALE/CAPE FEAR SEWER FEE COLLECTION.

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View NCGA Bill Details2013-2014 Session
House Bill 1054 (Local) Filed Wednesday, May 14, 2014
AN ACT TO AUTHORIZE THE TOWN OF SPINDALE AND THE CAPE FEAR PUBLIC UTILITY AUTHORITY TO ATTACH PERSONAL PROPERTY, GARNISH WAGES, AND PLACE LIENS ON CERTAIN REAL PROPERTY TO COLLECT UNPAID FEES FOR SEWER AVAILABILITY.
Intro. by Hager.
Status: Ch. SL 2014-98 (House Action) (Aug 2 2014)

SOG comments (3):

Title Change.

Submitted by Michael.Smallwo... on

House committee substitute changes the short and long titles. The original titles can be found below:

SPINDLE SEWER FEE COLLECTION

A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE TOWN OF SPINDALE TO ATTACH PERSONAL PROPERTY, GARNISH WAGES, AND PLACE LIENS ON CERTAIN REAL PROPERTY TO COLLECT UNPAID FEES FOR SEWER AVAILABILITY.

 

Long title change.

Submitted by Michael.Smallwo... on

Senate amendment changes the long title. The previous long title is found below:

A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE TOWN OF SPINDALE AND THE CAPE FEAR PUBLIC UTILITY AUTHORITY TO ATTACH PERSONAL PROPERTY, GARNISH WAGES, AND PLACE LIENS ON CERTAIN REAL PROPERTY TO COLLECT UNPAID FEES FOR SEWER AVAILABILITY.

Long title change

Submitted by jhenders@sog.unc.edu on

Conference report to the 2d edition changed the long title. Previous long title was A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE TOWN OF SPINDALE TO ATTACH PERSONAL PROPERTY, GARNISH WAGES, AND PLACE LIENS ON CERTAIN REAL PROPERTY TO COLLECT UNPAID FEES FOR SEWER AVAILABILITY.

 

Bill History:

H 1054/S.L. 2014-98

Bill Summaries:

  • Bill H 1054 (2013-2014)
    Summary date: Aug 5 2014 - View Summary

    AN ACT TO AUTHORIZE THE TOWN OF SPINDALE AND THE CAPE FEAR PUBLIC UTILITY AUTHORITY TO ATTACH PERSONAL PROPERTY, GARNISH WAGES, AND PLACE LIENS ON CERTAIN REAL PROPERTY TO COLLECT UNPAID FEES FOR SEWER AVAILABILITY. Enacted August 2, 2014. Effective August 2, 2014.

     
    Public Enterprises and Utilities
    New Hanover, Rutherford
  • Bill H 1054 (2013-2014)
    Summary date: Jul 31 2014 - View Summary

    Conference report makes the following changes to the 2nd edition.

    Declares that the Senate recedes from amendment #1, which made the following changes to the 2nd edition:

    Deleted provisions which previously allowed the Cape Fear Utility Authority to adopt ordinances to provide for the collection of a delinquent sewer availability fee in the same manner as delinquent property taxes after the fee has remained unpaid for 90 days. Deleted all other provisions concerning the Cape Fear Utility Authority including provisions that allowed delinquent fees collected pursuant to this section to be considered a lien on the real property and that any debt due the Cape Fear Public Utility Authority is expressly subordinate to any city or county tax.

    Made technical and conforming changes. Amended the long title to reflect the changes made to the bill content.

    Public Enterprises and Utilities
    New Hanover, Rutherford
  • Bill H 1054 (2013-2014)
    Summary date: Jul 23 2014 - View Summary

    Senate amendment makes the following changes to the 2nd edition:

    Changes the long title. 

    Deletes provisions which previously allowed the Cape Fear Utility Authority to adopt ordinances to provide for the collection of a delinquent sewer availability fee in the same manner as delinquent property taxes after the fee has remained unpaid for 90 days. Deletes all other provisions concerning the Cape Fear Utility Authority including provisions that allowed delinquent fees collected pursuant to this section to be considered a lien on the real property and that any debt due the Cape Fear Public Utility Authority is expressly subordinate to any city or county tax.

    Makes technical and conforming changes. 

    Public Enterprises and Utilities
    Rutherford
  • Bill H 1054 (2013-2014)
    Summary date: Jun 18 2014 - View Summary

    House committee substitute makes the following changes to the 1st edition:

    Changes the short and long titles.

    Deletes language concerning the validity and attachment of liens on real property, as they applied to the Town of Spindale.

    Adds two sections, applying only to the Cape Fear Utility Authority, allowing the Authority to adopt ordinances to provide for the collection of a delinquent sewer availability fee in the same manner as delinquent property taxes after the fee has remained unpaid for 90 days. Provides delinquent fees collected pursuant to this section are considered a lien on the real property. Requires any ordinance adopted pursuant to this provision to provide for an appeals process.  Provides that no provisions in the act are intended to alter or modify the priority of a lien established for city and county taxes. Further provides that any debt due the Cape Fear Public Utility Authority is expressly subordinate to any city or county tax.

     

    Public Enterprises and Utilities
    New Hanover, Rutherford
  • Bill H 1054 (2013-2014)
    Summary date: May 14 2014 - View Summary

    Applies only to the Town of Spindale.

    Provides that Spindale can enter into an interlocal contract or agreement pursuant to GS 160A-461 in order to have the county collect unpaid sewer availability fees by placing the amount on the tax bill and pursue collection in any manner that delinquent real property taxes can be collected. Provides that unpaid fees can result in a lien on real property.  Provides details of having a lien placed on real property, including time when lien becomes valid and requirements of what lien must include in order to be filed. Lien can be discharged as provided in GS 44-48. Fees and associated liens can only be released or refunded by the town pursuant to provisions that apply to property taxes under GS 105-381.

     

    Public Enterprises and Utilities
    Rutherford
View: All Summaries for Bill