Baltimore City Council
File #: 07-0626    Version: 0 Name: Water and Sewer Charges - Residential Property - Limitations on Lien Foreclosure
Type: Ordinance Status: Failed - End of Term
File created: 3/26/2007 In control: City Council
On agenda: Final action: 12/5/2007
Enactment #:
Title: Water and Sewer Charges - Residential Property - Limitations on Lien Foreclosure FOR the purpose of precluding the City from foreclosing on residential property solely to satisfy a lien imposed for either or both water service charges or sewer service charges; conforming, clarifying, and correcting certain language; and generally relating to the assessment and collection of charges for water and sewer services.
Sponsors: President Young, Nicholas C. D'Adamo, James B. Kraft, Helen L. Holton, Mary Pat Clarke, Sharon Green Middleton, Agnes Welch, Keiffer Mitchell, Edward Reisinger, Stephanie President Rawlings-Blake
Indexes: Charge , Residential, Sewer, Water
Attachments: 1. 07-0626 - 1st Reader.pdf

EXPLANATION: CAPITALS indicate matter added to existing law.

[Brackets] indicate matter deleted from existing law.

 

                     * WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.

                     THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.

                     INTRODUCTORY*

 

                     CITY OF BALTIMORE

                     COUNCIL BILL          

                                                                                                                                                           

Introduced by:  Councilmember Young                                                                                            

 

                     A BILL ENTITLED

 

AN ORDINANCE concerning

Title

Water and Sewer Charges - Residential Property - Limitations on Lien Foreclosure

 

FOR the purpose of precluding the City from foreclosing on residential property solely to satisfy a lien imposed for either or both water service charges or sewer service charges; conforming, clarifying, and correcting certain language; and generally relating to the assessment and collection of charges for water and sewer services.

Body

BY repealing and reordaining, with amendments

Article 24 - Water

Section(s) 1-2(c) and 2-1(a)

Baltimore City Code

(Edition 2000)

 

BY adding

Article 24 - Water

Section(s) 4-5

Baltimore City Code

(Edition 2000)

 

BY repealing and reordaining, with amendments

Article 25 - Sewers

Section(s) 13-9(a), 13-10, and 13-11

Baltimore City Code

(Edition 2000)

 

SECTION 1.  BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:

 

                     Baltimore City Code

 

                     Article 24.  Water

 

 

                     Subtitle 1.  Director of Public Works

 

§ 1-2.  Rates and charges.

 

(c)  Collections.

 

[The said] EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, THESE rates and charges shall be collected by the [Bureau of Collections] DIRECTOR OF FINANCE [and accounted for] as in the case of taxes and other revenues [collected by said Bureau] OWED TO THE CITY.

 

                     Subtitle 2.  Bills

 

§ 2-1.  Collection.

 

(a)  Finance to collect.

 

The bills for water used or work done by the Department of Public Works shall be collected by the Director of Finance AS PROVIDED IN THIS ARTICLE.

 

                     Subtitle 4.  Collection of Charges

 

§ 4-5.  FORECLOSURE ON RESIDENTIAL PROPERTY.

 

THE CITY MAY NOT FORECLOSE ON ANY RESIDENTIAL PROPERTY TO SATISFY A LIEN IMPOSED UNDER THIS ARTICLE OR ARTICLE 25 {"SEWERS"} OF THE CITY CODE UNLESS THE FORECLOSURE IS ALSO TO SATISFY SOME OTHER LIEN THAT THE CITY HOLDS ON THAT PROPERTY.

 

 

                     Article 25.  Sewers

 

                     Subtitle 13.  Sewer Service Charges

 

§ 13-9.  Collections.

 

(a)  Billings.

 

(1)                     All charges imposed under this subtitle shall be due and payable at the same time that charges made by the City for supplying water or water service are due and payable.

 

(2)                     [Said] THESE charges:

 

(i)                     shall be billed by the same agency of the City [which] THAT renders [or dispatches] bills for water service;

 

(ii)                     may be included in the same bills rendered for water charges or stated in separate bills; and

 

 

(iii) shall be collected by the Director of Finance, at the same time or times and in the same manner and subject to the same interest rates and penalties provided for nonpayment [when due and owing as] OF charges [made by the City] for supplying water.

 

(3)                     [The provisions of this] THIS section [shall apply] APPLIES to all properties and the owners [thereof] OF PROPERTIES [which] THAT are subject to the payment of the charges imposed under this subtitle, without regard to the source [or sources] of THE water used on [said] THOSE properties.

 

§ 13-10.  Charges to be liens.

 

(A)  IN GENERAL.

 

The charges imposed under this subtitle, and all increases, [interests] INTEREST, and penalties [thereon] ON THOSE CHARGES, [shall be] ARE a lien [upon] ON the property of any person liable to pay [the same] THEM to the City, and [such] THE lien shall be recorded in the Tax Lien Record maintained by the Bureau of Collections.

 

(B)  FORECLOSURE ON RESIDENTIAL PROPERTY.

 

THE CITY MAY NOT FORECLOSE ON ANY RESIDENTIAL PROPERTY TO SATISFY A LIEN IMPOSED UNDER THIS ARTICLE OR ARTICLE 24 {"WATER"} OF THE CITY CODE UNLESS THE FORECLOSURE IS ALSO TO SATISFY SOME OTHER LIEN THAT THE CITY HOLDS ON THAT PROPERTY.

 

SECTION 2.  AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.

 

SECTION 3.  AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.

 

dlr7-1232~intro/21Mar07

art24,25/Liens/aa:me

 

 

dlr7-1232~intro/21Mar07

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art24,25/Liens/aa:me