Utility Liens and Shut-offs
- A city or town owns and operates the utility. (change)
- Garbage Collection charges are delinquent. (change)
- The utility has a lien to enforce payment of charges.
- The person using the service is the owner. (change)
Conclusion
According to the information you have provided, the utility may secure the delinquent garbage collection and disposal charges by filing a lien against the premises served. The lien may be satisfied when the customer pays, the property is sold, or the utility or another lien holder forecloses on the property. Liens for garbage collection service must be filed and, if necessary, foreclosed according to statutory requirements:
- Filing the Lien – Notice of lien must be filed with county Auditor. RCW 35.21.140
- Foreclosure – Garbage liens must be foreclosed in same time and manner prescribed for labor & materials. RCW 35.21.140
Legal Authority
Disclaimer
Regarding General Use of Information:
These materials are informational and are subject to change without notice. MRSC and SAO have made good faith efforts to provide reliable interpretations of Washington State and federal law relating to utility liens and shut-offs. This information is not intended to supplant due diligence by your agency's staff, and your agency may have established additional requirements that are not reflected in this tool. Always consult your agency's legal counsel, policies, and ordinances before pursuing a utility lien or shut-off. Neither MRSC or SAO or any officer, or employee of MRSC or SAO warrants the accuracy, reliability, or timeliness of any information or interpretation in these materials and shall not be liable for any losses caused by such reliance on the accuracy, reliability, or timeliness of such information or interpretation. Neither MRSC nor SAO are legally bound by any information or interpretation set forth in these materials.