A. The Commonwealth shall have a lien, if perfected as hereinafter provided,on land subject to removal action under § 10.1-1418.4 for the amount of theactual and reasonable costs incurred to complete such removal action.
B. The Director shall perfect the lien given under the provisions of thissection by filing, within six months after completion of the removal, in theclerk's office of the court of the county or city in which the land or anypart of the land is situated, a statement consisting of (i) the name of theowner of record of the property sought to be charged, (ii) an itemizedaccount of moneys expended for the removal work, and (iii) a briefdescription of the property to which the lien attaches.
C. It shall be the duty of the clerk of the court in whose office thestatement described in subsection B is filed to record the statement in thedeed books of the office and to index the statement in the general index ofdeeds in the name of the Commonwealth as well as the owner of the property,and shall show the type of such lien. From the time of such recording andindexing, all persons shall be deemed to have notice thereof.
D. Liens acquired under this section shall have priority as a lien secondonly to the lien of real estate taxes imposed upon the land.
E. Any party having an interest in the real property against which a lien hasbeen filed may, within 60 days of such filing, petition the court of equityhaving jurisdiction wherein the property or some portion of the property islocated to hold a hearing to review the amount of the lien. After reasonablenotice to the Director, the court shall hold a hearing to determine whethersuch costs were reasonable. If the court determines that such charges wereexcessive, it shall determine the proper amount and order that the lien andthe record be amended to show the new amount.
F. Liens acquired under this article shall be satisfied to the extent of thevalue of the consideration received at the time of transfer of ownership. Anyunsatisfied portion shall remain as a lien on the property and shall besatisfied in accordance with this section. The proceeds from any lien shallbe deposited in the Waste Tire Trust Fund established pursuant to §10.1-1422.3. If an owner fails to satisfy a lien as provided herein, theDirector may proceed to enforce the lien by a bill filed in the court ofequity having jurisdiction wherein the property or some portion of theproperty is located.
A. The Commonwealth shall have a lien, if perfected as hereinafter provided,on land subject to removal action under § 10.1-1418.4 for the amount of theactual and reasonable costs incurred to complete such removal action.
B. The Director shall perfect the lien given under the provisions of thissection by filing, within six months after completion of the removal, in theclerk's office of the court of the county or city in which the land or anypart of the land is situated, a statement consisting of (i) the name of theowner of record of the property sought to be charged, (ii) an itemizedaccount of moneys expended for the removal work, and (iii) a briefdescription of the property to which the lien attaches.
C. It shall be the duty of the clerk of the court in whose office thestatement described in subsection B is filed to record the statement in thedeed books of the office and to index the statement in the general index ofdeeds in the name of the Commonwealth as well as the owner of the property,and shall show the type of such lien. From the time of such recording andindexing, all persons shall be deemed to have notice thereof.
D. Liens acquired under this section shall have priority as a lien secondonly to the lien of real estate taxes imposed upon the land.
E. Any party having an interest in the real property against which a lien hasbeen filed may, within 60 days of such filing, petition the court of equityhaving jurisdiction wherein the property or some portion of the property islocated to hold a hearing to review the amount of the lien. After reasonablenotice to the Director, the court shall hold a hearing to determine whethersuch costs were reasonable. If the court determines that such charges wereexcessive, it shall determine the proper amount and order that the lien andthe record be amended to show the new amount.
F. Liens acquired under this article shall be satisfied to the extent of thevalue of the consideration received at the time of transfer of ownership. Anyunsatisfied portion shall remain as a lien on the property and shall besatisfied in accordance with this section. The proceeds from any lien shallbe deposited in the Waste Tire Trust Fund established pursuant to §10.1-1422.3. If an owner fails to satisfy a lien as provided herein, theDirector may proceed to enforce the lien by a bill filed in the court ofequity having jurisdiction wherein the property or some portion of theproperty is located.
A. The Commonwealth shall have a lien, if perfected as hereinafter provided,on land subject to removal action under § 10.1-1418.4 for the amount of theactual and reasonable costs incurred to complete such removal action.
B. The Director shall perfect the lien given under the provisions of thissection by filing, within six months after completion of the removal, in theclerk's office of the court of the county or city in which the land or anypart of the land is situated, a statement consisting of (i) the name of theowner of record of the property sought to be charged, (ii) an itemizedaccount of moneys expended for the removal work, and (iii) a briefdescription of the property to which the lien attaches.
C. It shall be the duty of the clerk of the court in whose office thestatement described in subsection B is filed to record the statement in thedeed books of the office and to index the statement in the general index ofdeeds in the name of the Commonwealth as well as the owner of the property,and shall show the type of such lien. From the time of such recording andindexing, all persons shall be deemed to have notice thereof.
D. Liens acquired under this section shall have priority as a lien secondonly to the lien of real estate taxes imposed upon the land.
E. Any party having an interest in the real property against which a lien hasbeen filed may, within 60 days of such filing, petition the court of equityhaving jurisdiction wherein the property or some portion of the property islocated to hold a hearing to review the amount of the lien. After reasonablenotice to the Director, the court shall hold a hearing to determine whethersuch costs were reasonable. If the court determines that such charges wereexcessive, it shall determine the proper amount and order that the lien andthe record be amended to show the new amount.
F. Liens acquired under this article shall be satisfied to the extent of thevalue of the consideration received at the time of transfer of ownership. Anyunsatisfied portion shall remain as a lien on the property and shall besatisfied in accordance with this section. The proceeds from any lien shallbe deposited in the Waste Tire Trust Fund established pursuant to §10.1-1422.3. If an owner fails to satisfy a lien as provided herein, theDirector may proceed to enforce the lien by a bill filed in the court ofequity having jurisdiction wherein the property or some portion of theproperty is located.
