Chapter 2.86
LIENS
Sections:
2.86.010 Imposition of lien.
Should an individual, person, persons and/or corporate entity become indebted to the city for fees or expenses involving a city business license as provided under Title 4 of this code, including all subjections therein; and/or city utility charges as provided under Titles 12 and 13 of this code, including all subsections therein; and should the delinquency extend for more than sixty days beyond the original due date of said debt, the city shall be entitled to a lien for the amount of said delinquent debt owing to the city, plus any additional amounts accruing as debts to the city by said debtor, plus interest thereon at twelve percent plus costs and attorney’s fees as provided in Section 2.86.040, on any or all of the debtor’s real property as may be located within the city limits. The city clerk shall be held to be the agent of the owner for the purposes of the establishment of said lien which shall be in the form as set forth in Section 2.86.020. (Ord. 905 § 1, 1985)
2.86.020 Notice—form.
In order to perfect its lien rights in accordance with Section 2.86.010, the city shall file a notice of lien claim with the Whatcom County auditor in accordance with the normal filing procedures for the filing of liens against real property, which notice of lien claim shall be substantially in the form and contents as follows:
|
NOTICE OF CLAIM OF LIEN |
||
|
) |
||
|
CITY OF SUMAS, |
) |
NOTICE OF CLAIM OF LIEN |
|
) |
||
|
Lien Claimant, |
) |
OF CITY OF SUMAS |
|
vs. |
) |
|
|
) |
||
|
) |
||
|
Debtor. |
) |
|
|
________________ |
||
|
NOTICE IS HEREBY GIVEN that on the ______ day of ______, 1985, ________ (debtor) became indebted to the City of Sumas, lien claimant herein, for the following:
as authorized under Sumas Municipal Code Chapter 2.86. That since the date this debt accrued in favor of the City of Sumas, more than 60 days have elapsed since its inception and in accordance with Sumas Municipal Code Chapter 2.86, the City of Sumas hereby exercises its right to file this lien upon the following described real property located within the City Limits of Sumas which property said debtor owns or has some interest therein.
That as of the date this lien is signed by the Sumas City Clerk, debtor owes the City of Sumas $______, which amount is broken down as follows:
The debtor currently owns or has an interest in the real property as described in Schedule A attached to this lien notice, and by signing and filing this lien the City of Sumas hereby claims a lien upon the debtor’s real property or interest in said real property as set forth on Schedule A herein described, and the buildings situated thereon for the total sum of $______. |
||
|
___________________________ |
||
|
Sumas Municipal Court Clerk |
||
|
STATE OF WASHINGTON |
) |
|
|
) |
ss |
|
|
COUNTY OF WHATCOM |
) |
|
______________ being duly sworn on oath, deposes and says: I am the Clerk for the City of Sumas, the above-named claimant. I have read the foregoing lien claim against the debtor, as referred to hereinabove and I know the contents and statements as set forth in this lien and believe the same to be true.
|
|
|
Sumas Municipal Court Clerk subscribed and sworn to me this ______ day of ______, 1985.
|
|
|
_______________________________ |
|
|
Notary Public in and for the State of Washington, residing at ___________. |
|
(Ord. 905 § 2, 1985)
2.86.030 Validity.
Any lien as authorized in the provisions of this chapter shall be a valid lien if filed within two years of the date upon which the lien first became due and owing to the city. (Ord. 905 § 3, 1985)
2.86.040 Collection of costs.
The city shall be entitled to, and if court action is necessary, be awarded as part of the final judgment, reasonable costs and attorney’s fees as incurred in superior and appellate courts in pursuing its rightful collection against the debtor of the debts encompassed in this lien. (Ord. 905 § 4, 1985)
2.86.050 Enforcement.
The procedures for enforcing this lien shall be in accordance with the enforcement procedures authorized for liens as contained in RCW Chapter 60.24. (Ord. 905 § 5, 1985)