Utility Liens and Shut-offs
- A city or town owns and operates the utility. (change)
- Sewer and/or storm water charges are delinquent. (change)
- The utility chooses to pursue a water shut-off. (change)
- The city or town has an ordinance authorizing water shut-offs to enforce payment of delinquent sewer and storm water charges. (change)
- The person using the service is a tenant. (change)
- The account is in the tenant's name. (change)
- The delinquent charges were not incurred by the current tenant. (change)
Conclusion
According to the information you provided, the utility may not shut off water service to enforce payment of delinquent sewer and storm water charges for the following reason:
- The delinquent sewer and storm water charges were not incurred by the current tenant.
Explanation
A utility may not deny or terminate service to a tenant based on the delinquency of the owner or a previous tenant. O'Neal v. City of Seattle, 66 F.3d 1064 (1995)
Legal Authority
- RCW 4.16.040 – Six Year Statute of Limitations
- RCW 35.67.200 - Sewerage Lien
- RCW 35.67.210 – Extent of sewerage lien
- RCW 35.67.215 – Extension of sewerage lien coverage
- RCW 35.21.290 – Alternative enforcement of sewerage lien
- O'Neal v. City of Seattle, 66 F.3d 1064 (1995)
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.