S 57 Session 112 (1997-1998)
S 0057 General Bill, By M.T. Rose
A BILL TO AMEND CHAPTER 9, TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
ADDING ARTICLE 15, SO AS TO ESTABLISH PROCEDURES BY WHICH UNPAID GOVERNMENTAL
SERVICE FEES OR CHARGES MAY BECOME LIENS ON THE REAL PROPERTY SERVICED,
INFERIOR ONLY TO AD VALOREM PROPERTY TAX LIENS.
01/14/97 Senate Introduced and read first time SJ-103
01/14/97 Senate Referred to Committee on Judiciary SJ-103
04/16/97 Senate Committee report: Favorable with amendment
Judiciary SJ-9
04/17/97 Senate Amended SJ-14
04/17/97 Senate Read second time SJ-14
04/17/97 Senate Ordered to third reading with notice of
amendments SJ-14
04/29/97 Senate Amended SJ-22
04/29/97 Senate Read third time and sent to House SJ-22
04/30/97 House Introduced and read first time HJ-3
04/30/97 House Referred to Committee on Judiciary HJ-3
AS PASSED BY THE SENATE
April 29, 1997
S. 57
Introduced by Senator Rose
S. Printed 4/29/97--S.
Read the first time January 14, 1997.
A BILL
TO AMEND CHAPTER 9, TITLE 4, CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING ARTICLE 15, SO AS TO
ESTABLISH A PROCEDURE BY WHICH UNPAID
GOVERNMENTAL SERVICE FEES OR CHARGES MAY
BECOME LIENS ON THE REAL PROPERTY SERVICED.
Amend Title To Conform
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
Governmental Service Liens
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:
"CHAPTER 40
Governmental Service Liens
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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