1997 Regular Session
To: Local and Private Legislation
By: Representative Perry
House Bill 1893
(As Passed the House)
AN ACT TO AUTHORIZE THE BOARD OF SUPERVISORS OF LAFAYETTE COUNTY, MISSISSIPPI, TO ENFORCE THE COLLECTION OF SOLID WASTE DISPOSAL FEES BY TREATING DELINQUENT FEES AS A LIEN UPON THE REAL PROPERTY FURNISHED SUCH SERVICES ON THE DATE THAT THE FEES BECOME DUE AND PAYABLE; TO AUTHORIZE THE FILING AND RECORDING OF LIENS AGAINST SUCH PROPERTY; TO AUTHORIZE THE SALE OF THE PROPERTY TO SATISFY SUCH LIENS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Board of Supervisors of Lafayette County, Mississippi, in its discretion, by order duly adopted and entered on its minutes, may provide that any fees assessed under Chapter 5 of Title 19, Mississippi Code of 1972, for garbage or rubbish collection or disposal, shall become a lien upon the taxable real property furnished the services on the date that the fees become due and payable, and that the lien may be enforced subject to the provisions of Section 2 of this act, by sale of the real property to which the lien attaches in the same manner and in accordance with the same procedure for the sale of real property for delinquent ad valorem taxes.
(2) The board of supervisors, in its discretion, may provide that all liens created under this act shall be enrolled and recorded in a special lien book to be entitled the "County Lien Book," which book shall be a public record to be maintained by and to be kept in the Office of the Chancery Clerk of Lafayette County. The lien book shall contain a description of the real property to which the lien attaches, the name of the owner or owners of record of the property and shall serve as notice of the real property to which the lien attaches in the same manner as the record of federal tax liens or lis pendens. The board of supervisors, in its discretion, may provide that liens created under this act also shall be enrolled and recorded in the judgement roll in the Office of the Circuit Clerk of Lafayette County.
(3) A lien created under this act shall continue in effect until the date that the lien is discharged, except that no action to enforce the lien may be brought more than ten (10) years after the date on which the lien was created. Failure to bring an action to enforce the lien within such time shall be a complete bar against recovery and shall extinguish the lien.
(4) Liens created under this act may be discharged by filing with the chancery clerk and, if the lien also has been enrolled and recorded in the judgement roll in the office of the circuit clerk, also by filing with the circuit clerk, a receipt or acknowledgment, signed by the designated county official or billing and collection entity, indicating that all delinquent garbage or rubbish collection or disposal fees have been paid and that the lien should be discharged.
SECTION 2. Before taking any action to enforce a lien as provided in Section 1 of this act, the board of supervisors shall publish the names of all persons who are delinquent ninety (90) days or more in the payment of garbage or rubbish collection or disposal fees. The publication shall identify such persons by name and street address. The publication shall be made for two (2) consecutive weeks in a newspaper having a general circulation in the county. The name and address of persons who are delinquent in the payment of garbage or rubbish collection or disposal fees shall be in a type not smaller than ten (10) point and in a font that is in general use by the newspaper. It shall not be necessary for the publication to give a legal description of the property for which a person is delinquent in the payment of garbage or rubbish collection or disposal fees. The board shall determine the size of the advertisement necessary to provide the notice required by this section. The heading of the notice shall be in a type not smaller than eighteen (18) point and in a font that is in general use by the newspaper. The content of the notice shall be as follows:
"NOTICE OF PERSONS WHO ARE DELINQUENT IN GARBAGE OR RUBBISH COLLECTION OR DISPOSAL FEES FOR LAFAYETTE COUNTY AS DETERMINED BY OFFICIAL ACTION OF THE BOARD OF SUPERVISORS MEETING ON (DATE) WITH THE FOLLOWING SUPERVISORS PRESENT (NAME OF SUPERVISORS)."
The notice required by this section shall be in addition to any other notice required by law in the normal collection of delinquent ad valorem taxes.
SECTION 3. The authority granted in this act shall be additional, cumulative and supplemental to any other authority granted to counties by general law or by local and private act of the Legislature for the collection and enforcement of delinquent fees for garbage or rubbish collection or disposal.
SECTION 4. This act shall take effect and be in force from and after its passage.