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Bill 3363

                    Current Status

Bill Number:                      3363
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990126
Primary Sponsor:                  Lucas
All Sponsors:                     Lucas, McGee, McKay, Neilson, J. Hines, 
                                  Davenport, G. Brown, Rodgers
Drafted Document Number:          l:\council\bills\pt\1173dw99.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Unpaid governmental service fees may 
                                  become liens on real property services; 
                                  Property, Political Subdivisions


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990330  Co-Sponsor added (Rule 5.2) by Rep.            Rodgers
House   19990126  Introduced, read first time,           25 HJ
                  referred to Committee


                             Versions of This Bill

TO AMEND CHAPTER 9, TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, AND TO AMEND TITLE 5 BY ADDING CHAPTER 40 SO AS TO ESTABLISH A PROCEDURE BY WHICH UNPAID GOVERNMENTAL SERVICE FEES OR CHARGES MAY BECOME LIENS ON THE REAL PROPERTY SERVICED.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Chapter 9, Title 4 of the 1976 Code is amended by adding:

Section 4-9-1300. (A) The term `governmental service fee or charge' means a fee or charge imposed by a governing body of a county for services extended to a property owner's real property.

(B) The term 'governmental service' means a county-provided service which is extended to a property owner's real property and for which a governmental service fee or charge is imposed by the governing body of a county including, but not limited to, drainage facilities, water treatment and distribution, sewage collection and treatment, police protection, fire protection, solid waste collection, disposal, or recycling.

Section 4-9-1310. (A) The county governing body must determine on an annual basis the governmental service fees or charges that will, in accordance with this section, constitute liens for that fiscal year.

(B) Before providing governmental services for which the prescribed governmental service fee or charge, pursuant to Section 4-9-1320, is a lien on the property affected, not less than ten days' written notice must be given to each affected property owner notifying the property owner of the nature and amount of the governmental service fee or charge and providing the property owner an opportunity, if requested, to appear and be heard in person or by counsel before the persons designated by the county governing body.

(C) Following the hearing, if it is requested and held, action must be taken by the county, and notice of its decision must be given to the property owner concerned not less than ten days before the effective date of the governmental service fee or charge.

(D) A property owner aggrieved by the action of the county, under the provisions of Chapter 7, Title 18, may appeal to the court of common pleas for the county in which the property affected lies to have the court review the action taken by the county, at which time the court must determine the validity and reasonableness of the governmental service fee or charge made.

(E) The county governing body shall provide for reasonable notice of and a meaningful opportunity to be heard regarding any subsequent increase in governmental service fees or charges.

(F) Governmental service fees or charges not intended to become liens in the case of nonpayment may be imposed and subsequently increased upon any user in the county without this notice and hearing.

Section 4-9-1320. (A) If the notice or notices prescribed by Section 4-9-1310 have been given and a requested hearing held, all governmental service fees or charges imposed by a county and not paid when due and payable are a lien upon the real property to which the governmental service has been extended as long as the governmental service fees or charges remain unpaid. A property owner must be provided with a notice that a lien has been recorded.

(B) In order to be enforced as provided by law, the lien must be recorded and receive priority as prescribed in Section 30-7-10.

(C) The method provided in this article for the enforcement of the collection of past due governmental service fees or charges is not the exclusive method of enforcing these collections, and a county may enforce the collection of a governmental service fee or charge in any other manner available to a county in law or in equity.

Section 4-9-1330. The governing body of a county may require the county treasurer to (1) include on each tax notice the amount of any governmental service fees or charges, (2) provide for the collection of those governmental service fees or charges in the manner prescribed by law, and (3) provide a property owner with notice when a lien for nonpayment of governmental service fees or charges has been recorded.

Section 4-9-1340. The powers granted in this article are intended to be supplementary to any powers existing on the effective date of this article."

SECTION 2. Title 5 of the 1976 Code is amended by adding:

Section 5-40-10. (A) The term 'governmental service fee or charge' means a fee or charge imposed by a governing body of a municipality for services extended to a property owner's real property.

(B) The term 'governmental service' means a service provided by a municipality which is extended to a property owner's real property and for which a governmental service fee or charge is imposed by the governing body of a municipality including, but not limited to, drainage facilities, water treatment and distribution, sewage collection and treatment, police protection, fire protection, solid waste collection, disposal, or recycling.

Section 5-40-20. (A) The municipal governing body must determine on an annual basis the governmental service fees or charges that will, in accordance with this section, constitute liens for that fiscal year.

(B) Before providing governmental services for which the prescribed governmental service fee or charge, pursuant to Section 5-40-30, is a lien on the property affected, not less than ten days' written notice must be given to each affected property owner notifying the property owner of the nature and amount of the governmental service fee or charge and providing the property owner an opportunity, if requested, to appear and be heard in person or by counsel before the persons designated by the municipal governing body.

(C) Following the hearing, if it is requested and held, action must be taken by the municipality, and notice of its decision must be given to the property owner concerned not less than ten days before the effective date of the governmental service fee or charge.

(D) A property owner aggrieved by the action of the municipality, under the provisions of Chapter 7, Title 18, may appeal to the court of common pleas for the county in which the property affected lies to have the court review the action taken by the municipality, at which time the court must determine the validity and reasonableness of the governmental service fee or charge made.

(E) The municipal governing body shall provide for reasonable notice of and a meaningful opportunity to be heard regarding any subsequent increase in governmental service fees or charges.

(F) Governmental service fees or charges not intended to become liens in the case of nonpayment may be imposed and subsequently increased upon any user in the municipality without this notice and hearing.

Section 5-40-30. (A) If the notice or notices prescribed by Section 5-40-20 have been given and a requested hearing held, all governmental service fees or charges imposed by a municipality and not paid when due and payable are a lien upon the real property to which the governmental service has been extended as long as the governmental service fees or charges remain unpaid. A property owner must be provided with a notice that a lien has been recorded.

(B) To be enforced as provided by law, the lien must be recorded and receive priority as prescribed in Section 30-7-10.

(C) The method provided in this chapter for the enforcement of the collection of past due governmental service fees or charges is not the exclusive method of enforcing these collections, and a municipality may enforce the collection of a governmental service fee or charge in any other manner available to a municipality in law or in equity.

Section 5-40-40. The governing body of a municipality may require the municipal treasurer to (1) include on each tax notice the amount of any governmental service fees or charges, (2) provide for the collection of those governmental service fees or charges in the manner prescribed by law, and (3) provide a property owner with notice when a lien for nonpayment of governmental service fees or charges has been recorded.

Section 5-40-50. The powers granted in this chapter are intended to be supplementary to any powers existing on the effective date of this chapter."

SECTION 3. This act takes effect upon approval by the Governor.

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