A BILL TO BE ENTITLED
AN ACT to authorize lenoir and duplin counties, certain districts created by lenoir and duplin counties, and municipalities located within lenoir and duplin counties to attach personal property, garnish wages, and place liens on certain real property to collect unpaid fees for services.
The General Assembly of North Carolina enacts:
SECTION 1.  A county may adopt an ordinance providing that any fee  charged by the county and remaining unpaid for a period of 90 days may be collected in any manner by which delinquent personal or real property taxes can be collected.  If the ordinance states that delinquent fees may be collected in the same manner as delinquent real property taxes, the delinquent fees are a lien on the real property owned by the person contracting with the county for the service, and the ordinance shall provide for an appeals process. If a lien is placed on real property, the lien shall be valid from the time of filing in the office of the clerk of superior court of the county in which the service was provided a statement containing the name and address of the person against whom the lien is claimed, the name of the county, the county water and sewer district, the county service district, or the municipality, whichever applies, claiming the lien, the specific service that was provided, the amount of the unpaid charge for that service, and the date and place of furnishing that service. No lien under this act shall be valid unless filed in accordance with this section after 90 days of the date of the failure to pay for the service and within 180 days of the date of the failure to pay for the service. The lien may be discharged as provided in G.S. 44‑48.
SECTION 2.  The reference to county shall include a county, a county water and sewer district created under Article 6 of Chapter 162A of the General Statutes, a county service district created under Article 16 of Chapter 153A of the General Statutes, or a municipality located wholly or partly within that county.
SECTION 3.   This act shall not apply to fees collectable under Articles 9A and 9B of Chapter 44 of the General Statutes, G.S. 153A‑ 293, and G.S. 160A‑314.1.
SECTION 4.  This act applies only to Lenoir and Duplin Counties, county water and sewer districts located in Lenoir or Duplin County, county service districts located within Lenoir or Duplin County, and municipalities located wholly or partially within Lenoir or Duplin County.
SECTION 5.  This act becomes effective July 1, 2003.