§ 114-297. Electric utility liens.
(a)
In general .
(1)
If charges for electric services are not paid within 60 days after the date they become due, or after a final determination has been reported to the city clerk for a disputed electric bill, such charges shall constitute a lien upon the real estate for which service is supplied, and such lien may be perfected and enforced against the owner, occupant, subsequent purchasers, lienholders, mortgagees, and/or other parties having any interest in the real estate. Such lien, to the extent permitted by law, shall be superior to all other liens and encumbrances against the real estate.
(2)
The city clerk is hereby authorized to file sworn statements showing any such delinquencies in the office of the county recorder of deeds, and the filing of such statements shall be deemed notice of lien of such charges for such service. The statement shall contain the following:
a.
A description thereof;
b.
The amount of money due for the electric service; and
c.
The date when such amount became delinquent.
(3)
Any such electric lien may be foreclosed as any other statutory lien, and the court costs and reasonable attorney fees for such proceedings shall be a part of the lien and paid by the owner, occupant, and any other person interested in the real estate. The exercise of any remedy by enforcement for lien claims for unpaid electric service charges shall not be exclusive of any other legal remedy to collect any amounts delinquent.
(b)
Amount of lien . All liens brought under this section may include all outstanding utility usage charges, taxes, and penalties incurred and reasonable attorney fees and court costs incurred by the city in recovering any amounts for electric service which are delinquent. In addition, all liens brought under this section shall include an administrative fee of $200.00 to provide reimbursement to the city for personnel wages, court filing and recording fees, and postage and office supplies.
(Code 1996, § 52.26; Ord. No. 6058, § 1, 1-26-2015)