All charges, late charges and interest accruing thereupon for water and sewer service
rendered to any real property by the district which remain unpaid sixty (60) days
after the past due date of the water and sewer charges shall become a lien against
and upon the real property to which such water and sewer service has been furnished
to the same extent and character as a lien for a special assessment. Until fully paid
and discharged, the charges, late charges and interest accrued thereupon shall be,
remain and constitute a special assessment lien equal in rank and dignity with the
liens of county ad valorem taxes and superior in rank and dignity to all other liens,
encumbrances, titles and claims in, to or against the real property involved. The
liens may be enforced and satisfied by the district by any method permitted by law.
The lien shall not be deemed to be in lieu of any other legal remedies for payment
available to the district, including but not limited to suspension and termination
of water and sewer service, prosecution for code violation, and/or legal action at
law on the contract established in this division or legal action in equity, as for
injunction or otherwise. Any lien deemed appropriate for recording in the Public Records
of Hernando County or in such records in any other place shall also include the charge
for recording thereof. Recorded liens shall bear the signature of the director of
the Hernando County Utilities Department or its successor entity, certifying to the
accuracy of the calculations of amounts due and owing as shown thereon. The director
or his or her designee shall have the discretion to determine when a lien for charges,
late charges and interest accruing thereon is large enough and the prospect of recovery
significant enough as to warrant the staff time and resources required to prepare
and record such lien. Nothing provided herein with respect to such lien authority
shall affect the department's remedies to collect amounts due, owing and unpaid by
any other method authorized by law or ordinance.
(Ord. No. 2009-02, § 4, 4-28-09)
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