S 0209 General Bill, By M.T. Rose
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15
 TO CHAPTER 9, TITLE 4 SO AS TO ESTABLISH A PROCEDURE BY WHICH UNPAID
 GOVERNMENTAL SERVICE FEES OR CHARGES MAY BECOME LIENS ON THE REAL PROPERTY
 SERVICED, INFERIOR ONLY TO AD VALOREM PROPERTY TAX LIENS.

   10/17/94  Senate Prefiled
   10/17/94  Senate Referred to Committee on Judiciary
   01/10/95  Senate Introduced and read first time SJ-72
   01/10/95  Senate Referred to Committee on Judiciary SJ-72

A BILL

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

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:

"Article 15

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 rendered with respect to a governmental service.

(B) The term `governmental service' means a service or facility provided by a county for which a 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) If the notice or notices prescribed by Section 4-9-1320 has been given and a hearing requested pursuant to it has been held, all service fees or charges imposed by a county for governmental services and not paid when due and payable are a lien upon the real estate to which the governmental service relates so long as the governmental service fees or charges remain unpaid.

(B) In addition to other rights and remedies as may be available to a county in law or in equity for the collection of the governmental service fees or charges, the lien may be enforced by a county in the same manner and fashion as the lien of property taxes on real estate. The lien provided in this article is superior to all other liens except liens for unpaid property taxes.

(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 fee or charge in any other lawful manner.

Section 4-9-1320. (A) The county governing body shall determine on an annual basis the governmental service fees and charges which will, in accordance with Section 4-9-1310, constitute liens for that fiscal year.

(B) Before providing governmental services for which the prescribed governmental service fee or charge, pursuant to Section 4-9-1310, shall become 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 shall 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 4-9-1330. The county council of a county may request the county treasurer to include on each tax notice the amount of any fees or charges imposed by the county for governmental services and provide for the collection of them in the manner prescribed by law.

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. This act takes effect upon approval by the Governor.