Chapter 3.40
LIENS AND COLLECTIONS
Sections:
3.40.010 Interest for financing--Late payment charge on receivables.
3.40.020 Attorney fees and collection costs.
3.40.040 Refunds and accounts payable.
3.40.080 Adjustment of accounts.
3.40.090 Crediting of utility payments.
3.40.100 Issuance of permits, licenses and other approvals.
3.40.010 Interest for financing--Late payment charge on receivables.
A. The council, by resolution, may set a rate to be applied to all receivables owed the city as a late payment charge. The late payment charge shall be added to any lien for the receivable. Unless otherwise provided, the late payment charge will be compounded monthly and shall accrue from the date of the invoice if not paid by the date due.
B. The finance director may set interest rates to be applied to finance agreements offered by the city. (Ord. 2029 §5(part), 2016).
3.40.020 Attorney fees and collection costs.
In addition to a late payment charge, the actual cost of collection, including attorney fees, may be charged to each receivable account. The council, by resolution, may establish a charge in lieu of actual collection costs to be applied to all delinquent accounts. The collection cost or charge shall be added to any lien for the receivable. (Ord. 2029 §5(part), 2016).
3.40.030 Liens.
A. There shall be an online electronic medium to be known as Conduits by which the lien dockets of the city of Central Point can be accessed.
B. The city may, by ordinance, authorize the finance director to create a lien by recording the lien in a lien docket.
C. The finance director shall record in the city’s lien dockets:
1. All liens on real property in favor of the city, including but not limited to liens for:
a. Assessments for local improvements;
b. Assessments for financing agreements;
c. System development charges;
d. Facility charges;
e. Delinquent utility bills;
f. Civil penalties; and
g. Nuisance abatements.
2. All releases, satisfactions, assignments, apportionments, amendments and modifications of liens recorded in a lien docket. No transfer or assignment of any certificate of purchase of real property sold under ORS 223.505 to 223.590 is valid unless the recorder has noted an entry of such transfer or assignment in the appropriate lien docket.
3. Documents that provide notice regarding potential obligations of property including, but not limited to, reimbursement agreements, reimbursement district resolutions, agreements relating to future obligations to build or fund public improvements, and private stormwater operations and maintenance agreements. The recording of such documents shall not create a lien. The document and the lien docket shall prominently state “NOTICE OF POTENTIAL OBLIGATION.”
4. Such other documents required or permitted by law to be recorded, filed, or noted in a lien docket maintained by the city.
D. In addition to recording liens and notices in a lien docket, the finance director may record the lien in the Jackson County deed records. The informational recording shall include a clear statement of the purpose of the recording and a reference to how the city’s lien docket can be accessed.
E. Each lien record recorded in a lien docket shall consist of:
1. The effective date of recording;
2. A reference to the location of source documents or files;
3. A description of the real property affected by the recording including the county “R” number, state identification number and a description meeting the requirements of ORS 93.600;
4. The lien account number or other account identifier;
5. The amount of the original lien or obligation; and
6. The current amount of principal balance.
F. Each lien record for the purpose of an assessment for local improvements shall also include the name or number of the local improvement, a description of each lot or parcel of land or other property against which the final assessment is made, or which bears or is chargeable for a portion of the actual cost of the local improvement, with the name of the owner and the amount of the unpaid final assessment.
G. Payments of installments, interest, penalties, and late payment charges for assessments for local improvements shall be noted in the lien docket as they are received, with the date of payment. The payments so made and entered shall discharge the lien to the amount of the payment and from the date of the payment.
H. If the lien record was previously recorded in one of the indices maintained by the county clerk under ORS Chapter 205, in addition to the information above the lien record shall include the original recording date and a reference to the location of the original recording.
I. Each lien record shall be a lien in favor of the city against each lot or parcel of land or other property identified, until paid, for the following:
1. For the amounts of the unpaid principal amount docketed, with interest at the rate determined by the city; and
2. For any additional penalties or collection charges imposed by the city with respect to any amounts that are not paid when due.
J. Unless otherwise provided in this code, when a lien remains unpaid for sixty days after it has been recorded in the city’s lien docket, the lien may be foreclosed in any manner provided by ORS 223.505 to 223.650 or as otherwise provided by law. (Ord. 2029 §5(part), 2016).
3.40.040 Refunds and accounts payable.
Except for fees collected pursuant to the Oregon Structural Specialty Codes, any account payable or refund of money held by the city but that is owed to a person with a delinquent city account, shall be applied to the delinquent account. If the delinquent account is in dispute, the account payable or refund shall be held until the dispute is resolved. (Ord. 2029 §5(part), 2016).
3.40.050 Release of lien.
The city shall collect an administrative fee, as set by council resolution, for the release of any lien issued by the city. (Ord. 2029 §5(part), 2016).
3.40.060 Form of payment.
In the discretion of the finance director, any payment may be required to be made by money order, cashier’s check or similarly secure form of payment. (Ord. 2029 §5(part), 2016).
3.40.070 Collection.
A. Any tax, fee, or service charge required to be paid by any person to the city, or collected by a person and paid to the city, under the provisions of the Central Point Municipal Code, finance agreement, assessment or otherwise, shall be deemed a debt owed by the person to the city.
B. In addition to any other collection method, any charge due to the city that is not paid when due may be recovered by sending the account to a collection agency.
C. Any person owing money to the city under the provisions of city codes, assessments, or finance agreement with the city shall be liable to an action brought in the name of the city of Central Point for the recovery of such amount. (Ord. 2029 §5(part), 2016).
3.40.080 Adjustment of accounts.
The finance director may write off accounts receivable balances if in the best interest of the city and may write off credit balances, unless the customer requests otherwise, if the cost of making the refund would exceed the amount of the credit balance. (Ord. 2029 §5(part), 2016).
3.40.090 Crediting of utility payments.
Payment for utility bills shall be applied in the following order: any late payment charge, any collection cost charge, charges pursuant to council resolution, stormwater and water quality user charges in the order incurred, water user charges in the order incurred, and transportation fee charges in the order incurred. (Ord. 2029 §5(part), 2016).
3.40.100 Issuance of permits, licenses and other approvals.
In addition to any other collection method, if an applicant, or any person or firm affiliated with the applicant, seeking a permit, license or other approval from the city has any charge due to the city that is not paid when due, the finance director may withhold the issuance until such time as the past due amount is paid. This section shall not apply to approvals pursuant to the Oregon Structural Specialty Codes. (Ord. 2029 §5(part), 2016).