Chapter 3.12
CERTIFICATES OF LIEN SEARCH

Sections:

3.12.010    Generally.

3.12.020    Application--Fee.

3.12.030    Separate certificates for separate parcels--Issuance.

3.12.040    City liability.

3.12.010 Generally.

Upon receipt of application and payment of fees as herein provided, the recorder of the city is authorized to make a search of the lien records of the city and to issue certificates of existence of liens upon real property within the city as disclosed by the records. (Ord. 1109 §1, 1973).

3.12.020 Application--Fee.

Application for lien search shall be in no particular form but shall set forth the description of the property to be searched, including the tax lot number as disclosed in the Jackson County real property tax records and shall be accompanied by a lien search fee as set by the city manager. An applicant may request a lien search for more than one parcel, but there shall be a separate fee for each parcel for which a search is requested. All fees collected under this section shall be deposited in the general fund of the city. (Ord. 1969 §1(part), 2013; Ord. 1840 §1, 2003; Ord. 1109 §2, 1973).

3.12.030 Separate certificates for separate parcels--Issuance.

The finance department shall issue a separate certificate for each parcel of land for which a separate tax lot number has been assigned as disclosed by the real property tax records of Jackson County. Each certificate shall set forth any lien or liens disclosed on the lien record required by law to be maintained by the city on the date such certificate is issued and shall be directed and issued to the applicant. (Ord. 1840 §2, 2003; Ord. 1109 §3, 1973).

3.12.040 City liability.

No person, firm or corporation other than the party to whom the certificate is directed and issued shall be entitled to rely upon any information contained in a certificate of lien search issued in accordance with this chapter, and the city shall assume no responsibility and shall have no liability to any third person as a result of any information contained in any lien search certificate, nor shall the city be liable to any person who has actual knowledge or notice of any lien, whether disclosed on the certificate or otherwise, or who has suffered loss by their own negligence. There shall be no liability for any error in any certificate in excess of the actual loss to the party to whom a certificate has been issued and in any event shall be limited to the amount of any lien or liens existing at the date of issuance of the certificate and erroneously omitted from the certificate. In any case where the city shall be liable for damages as provided for herein it shall, upon payment of such damage, become subrogated to all of the rights of the damaged party and shall be entitled to an assignment of such rights against any and all third parties that may be liable for such damage. (Ord. 1109 §4, 1973).