Chapter 12.35


12.35.010    Authority to bill for street light usage.

12.35.020    Lien – Authorized.

12.35.030    Lien – Priority.

12.35.040    Lien – Claims – Generally.

12.35.050    Lien – Duration – Limitation of action.

12.35.060    Lien – Foreclosure.

12.35.010 Authority to bill for street light usage.

The city of Burien shall have the authority to bill owners of real property within the city of Burien for the operation of street lights therein; provided, however, that this authority shall not extend to areas in which property owners are billed by another municipal corporation or political subdivision, such as a water or sewer district, for the operation of street lights. [Ord. 387 § 1, 2003]

12.35.020 Lien – Authorized.

The city of Burien shall have a lien for any unpaid street light bill authorized by this chapter against the real property billed for street light usage. The lien for the unpaid balance may include the cost of filing the lien, as well as interest accruing at 12 percent per annum. [Ord. 387 § 2, 2003]

12.35.030 Lien – Priority.

A lien imposed pursuant to this chapter shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens, except for state and city taxes, with which it shall be on a parity. [Ord. 387 § 3, 2003]

12.35.040 Lien – Claims – Generally.

(1) Filing. The city manager or his designee shall cause a claim for lien to be filed for record in the office of the records and elections division within 90 days from the date the street light bill becomes due.

(2) Contents. The claim of lien shall contain the following:

(a) The authority of the ordinance codified in this chapter for imposing the lien;

(b) A description of the property to be charged with the lien;

(c) The name of the known or reputed owner, and if not known, the fact shall be alleged; and

(d) The amount, including lawful and reasonable costs, for which the lien is claimed.

(3) Verification. The city manager or his authorized representative shall sign and verify the claim by oath to the effect that the affiant believes the claim is just.

(4) Amendment. The claim of lien may be amended in case of subsequent unpaid balances which may accrue for street light usage against the real property associated with the original lien. [Ord. 387 § 4, 2003]

12.35.050 Lien – Duration – Limitation of action.

No lien created by this chapter binds the property subject to the lien for a period longer than three years after the claim has been filed unless an action is commenced in the proper court within that time to enforce the lien. [Ord. 387 § 5, 2003]

12.35.060 Lien – Foreclosure.

The lien provided by this chapter may be foreclosed and enforced by a civil action having jurisdiction. [Ord. 387 § 6, 2003]