S 1214 Session 110 (1993-1994)
S 1214 General Bill, By M.T. Rose
Similar(S 1445)
A Bill to amend Chapter 9, Title 4, Code of Laws of South Carolina, 1976,
relating to county government, so as to add Article 15 which establishes a
procedure whereby unpaid governmental service fees or charges may become liens
on the real property serviced, inferior only to ad valorem property tax liens.
02/24/94 Senate Introduced and read first time SJ-3
02/24/94 Senate Referred to Committee on Judiciary SJ-3
A BILL
TO AMEND CHAPTER 9, TITLE 4, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO COUNTY GOVERNMENT, SO
AS TO ADD ARTICLE 15 WHICH ESTABLISHES A
PROCEDURE WHEREBY 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
Governmental Service Liens
Section 4-9-1300. (A) The term `governmental service fee or
charge' shall mean any fee or charge imposed by any governing body
of a county for services rendered with respect to a governmental
service.
(B) The term `governmental service' shall mean any 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 or solid
waste collection, disposal, or recycling.
Section 4-9-1310. (A) If the notice or notices prescribed by
Section 4-9-1320 hereof shall have been given and any hearing
requested pursuant thereto shall have been held, all service fees or
charges, imposed by a county for governmental services and not paid
when due and payable, shall be and constitute 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 such 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 herein provided shall be 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 shall not
be the exclusive method of enforcing such collections and a county is
fully empowered to enforce the collection of any such governmental
fees or charges 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) Prior to providing governmental services for which the
prescribed governmental service fee or charge shall, pursuant to
Section 4-9-1310, become a lien on the property affected, not less than
ten days' written notice shall be given to each affected property owner
notifying such property owner of the nature and amount of the
governmental service fee or charge and providing such property owner
an opportunity, if desired and requested, to appear and be heard in
person or by counsel before such persons designated by the county
governing body.
(C) Following such hearing, if such be requested and held, action
shall be taken by the county and notice of its decision shall be given
to the property owner concerned not less than ten days prior to the
effective date of the governmental service fee or charge.
(D) Any property owner aggrieved by the action of the county
may, under the provisions of Chapter 7, Title 18, appeal to the court
of common pleas for the county in which the property affected lies to
have such court review the action taken by the county, at which time
the court will determine the validity and reasonableness of the
governmental service fee or charge so 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 can be imposed and subsequently
increased upon any user in the county without such notice and hearing.
Section 4-9-1330. The county council of any 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 thereof in the manner prescribed by law.
Section 4-9-1340. The powers granted herein are intended to be
supplementary to any powers now existing."
SECTION 2. This act takes effect upon approval by the Governor.
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