General Assembly: 82 (2008 Regular GA) - Chapter 1090 - City utilities or enterprises — rates and services


Published: 2008-04-16

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291 LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSION CH. 1090

CH. 1090CH. 1090

CHAPTER 1090 CITY UTILITIES OR ENTERPRISES —

RATES AND SERVICES

H.F. 2392

AN ACT relating to certain city utilities or city enterprises by making changes to procedures for notice and collection of delinquent charges and bymaking changes to billing notifica- tions for water service provided to certain residential rental property.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 384.84, subsection 2, paragraphs c and d, Code 2007, are amended to read as follows: c. A city utility or enterprise service to a property or premises shall not be discontinued un-

less prior written notice is sent, by ordinary mail, to the account holder by ordinary mail in whose name the delinquent rates or charges were incurred, informing the account holder of the nature of the delinquency and affording the account holder the opportunity for a hearing prior to discontinuance of service. If the account holder is a tenant, and if the owner or land- lord of the property has made a written request for notice, the notice shall also be given to the owner or landlord. d. (1) If a delinquent amount is owed by an account holder for a utility service associated

withaprior property orpremises, a city utility, city enterprise, or combinedcity enterprisemay withhold service fromthe sameaccountholder at anynewpropertyor premisesuntil such time as the account holder pays the delinquent amount owing on the account associated with the prior property or premises. A city utility, city enterprise, or combined city enterprise shall not withhold service from, or discontinue service to, a subsequent owner who obtains fee simple title of the prior property or premises unless such delinquent amount has been certified in a timely manner to the county treasurer as provided in subsection 3, paragraph “a”, subpara- graphs (1) and (2). (2) Delinquent amounts that have not been certified in a timely manner to the county trea-

surer are not collectible against any subsequent owner of the property or premises.

Sec. 2. Section 384.84, subsection 3, Code 2007, is amended to read as follows: 3. a. (1) Except as provided in paragraph “d”, all rates or charges for the services of sewer

systems, stormwater drainage systems, sewage treatment, solid waste collection, water, solid waste disposal, or any of these services, if not paid as provided by ordinance of the council or resolution of the trustees, are a lien upon the property or premises served by any of these ser- vices upon certification to the county treasurer that the rates or charges are due. (2) If the delinquent rates or chargeswere incurred prior to the date a transfer of the proper-

ty or premises in fee simple is filed with the county recorder and such delinquencies were not certified to the county treasurer prior to suchdate, thedelinquent rates or charges arenot eligi- ble to be certified to the county treasurer. If certification of such delinquent rates or charges is attempted subsequent to the date a transfer of the property or premises in fee simple is filed with the county recorder, the county treasurer shall return the certification to the city utility, city enterprise, or combined city enterprise attempting certification alongwith a notice stating that the delinquent rates or charges cannot be made a lien against the property or premises. (3) If the city utility, city enterprise, or combined city enterprise is prohibited under sub-

paragraph (2) from certifying delinquent rates or charges against the property or premises served by the services described in subparagraph (1), the city utility, city enterprise, or com- bined city enterprise may certify the delinquent rates or charges against any other property or premises located in this state and owned by the account holder in whose name the rates or charges were incurred. b. This The lien under paragraph “a” may be imposed upon a property or premises even if

292LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSIONCH. 1090

a city utility or enterprise service to the property or premises has been ormay be discontinued as provided in this section. c. A lien for a city utility or enterprise service under paragraph “a” shall not be certified to

the county treasurer for collection unless prior written notice of intent to certify a lien is given to the account holder of inwhose name the delinquent account rates or charges were incurred at least thirty days prior to certification. If the account holder is a tenant, and if the owner or landlord of the property has made a written request for notice, the notice shall also be given to the owner or landlord. The notice shall be sent to the appropriate persons by ordinarymail not less than thirty days prior to certification of the lien to the county treasurer. d. Residential rental property where a charge for water service is separately metered and

paid directly to the city utility or enterprise by the tenant is exempt from a lien for delinquent rates or charges associated with such water service if the landlord gives written notice to the city utility or enterprise that the property is residential rental property and that the tenant is liable for the rates or charges. A city utility or enterprise may require a deposit not exceeding the usual cost of ninety days of water service to be paid to the utility or enterprise. Upon re- ceipt, the utility or enterprise shall acknowledge the notice and deposit. A written notice shall contain the name of the tenant responsible for charges, address of the residential rental prop- erty that the tenant is to occupy, and the date that the occupancy begins. A change in tenant shall require a new written notice to be given to the city utility or enterprise within ten thirty business days of the change in tenant. When the tenant moves from the rental property, the city utility or enterprise shall return the deposit if the water service charges are paid in full. A change in theownershipof the residential rental property shall requirewrittennotice of such change to be given to the city utility or enterprise within ten business days of the completion of the change of ownership. The lien exemption for rental property does not apply to charges for repairs to a water service if the repair charges become delinquent.

Approved April 16, 2008

_________________________

CH. 1091CH. 1091

CHAPTER 1091 OUT-OF-STATE WORK-RELATED INJURIES

H.F. 2542

AN ACT concerning work-related injuries suffered and claims made outside of this state.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 85.71, Code 2007, is amended to read as follows: 85.71 INJURY OUTSIDE OF STATE. 1. If an employee, while working outside the territorial limits of this state, suffers an injury

on account of which the employee, or in the event of death, the employee’s dependents, would have been entitled to the benefits provided by this chapter had such injury occurredwithin this state, suchemployee, or in theevent of death resulting fromsuch injury, the employee’s depen- dents, shall be entitled to the benefits provided by this chapter, if at the time of such injury any of the following is applicable: 1. a. The employment is principally localized in this state, that is, the employee’s employer

has a place of business in this or some other state and the employee regularly works in this state, or if the employee’s employer has a at or from that place of business in this state and the employee is domiciled in this state.