State Codes and Statutes
Statutes > Virginia > Title-15-2 > Chapter-54-1 > 15-2-5431-27§ 15.2-5431.27. Lien for charges.
A. There shall be a lien upon real estate for the amount of any fees othercharges by an authority to the owner or lessee or tenant of the real estatefor the use and services of any system of the authority by or in connectionwith the real estate from the time when the fees, rents or charges are due,and for the interest which may accrue thereon. Such lien shall be superior tothe interest of any owner, lessee or tenant of the real estate and rank on aparity with liens for unpaid real estate taxes. An authority may contractwith a locality to collect amounts due on properly recorded liens in the samemanner as unpaid real estate taxes due the locality. A lien for delinquentrates or charges applicable to three or fewer delinquent billing periods notexceeding 30 days each may be placed by an authority if the authority or itsbilling and collection agent (i) has advised the owner of such real estate atthe time of initiating service to a lessee or tenant of such real estate thata lien will be placed on the real estate if the lessee or tenant fails to payany fees, rents or other charges when due for services rendered to the lesseeor tenant; (ii) has mailed to the owner of the real estate a duplicate copyof the final bill rendered to the lessee or tenant at the time of renderingthe final bill to such lessee or tenant; and (iii) employs the samecollection efforts and practices to collect amounts due the authority from alessee or a tenant as are employed with respect to collection of such amountsdue from customers who are owners of the real estate for which service isprovided.
B. The lien shall not bind or affect a subsequent bona fide purchaser of thereal estate for valuable consideration without actual notice of the lienuntil the amount of such fees, rents and charges is entered in a judgmentlien book in the office where deeds may be recorded in the locality in whichthe real estate or a part thereof is located. The clerk in whose office deedsmay be recorded shall make and index the entries therein upon certificationby the authority, for which he shall be entitled to a fee of $2 per entry, tobe paid by the authority and added to the amount of the lien. The authorityshall give the owner of the real estate notice in writing that it has madesuch certification to the clerk.
C. The lien on any real estate may be discharged by the payment to theauthority of the total lien amount, and the interest which has accrued to thedate of the payment. The authority shall deliver a certificate thereof to theperson making the payment. Upon presentation of such certificate, the clerkhaving the record of the lien shall mark the entry of the lien satisfied, forwhich he shall be entitled to a fee of $1.
(2003, c. 643.)
