NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 927

HOUSE BILL 1391

 

AN ACT TO AMEND CHAPTER 855 SESSION LAWS OF 1969 RELATING TO LIENS FOR FIRE PROTECTION.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Chapter 855, Session Laws of 1969, is hereby rewritten to read as follows:

"Section 1. Whenever fire protection services are provided by a county or by a municipally owned and operated fire protection service and a recipient of such services fails to pay charges fixed for such services for a period of 90 days after the rendering of such services, the county or municipality providing fire protection services may treat the amount due for such services as if it were a tax due to the county or municipality and may proceed to collect the amount due through the use of Attachment and Garnishment proceedings as set out in G.S. 105-385(d).

"Sec. 2. There is hereby created a general lien only upon the real property that has been furnished fire protection service and no other by a county or municipal agency or at the expense of a county or municipal government.

"Sec. 3. No lien created by Sec. 2 of this act shall be valid but from the time of filing in the office of the Clerk of Superior Court a statement containing the name and address of the person against whom the lien is claimed, the name of the county or municipality claiming the lien, the amount of the unpaid charge for fire protection service, and the date and real property furnished the service for which charges are asserted and the lien claimed. No lien or attachment and garnishment proceedings under this act shall be valid unless filed after 90 days of the date of the furnishing of fire protection service, and within 180 days of the date of the furnishing of such service.

"Sec. 4. Liens created by this act may be discharged as follows:

(1)       By filing with the Clerk of Superior Court a receipt of acknowledgment, signed by the county auditor or city clerk that the lien has been paid or discharged;

(2)       By depositing with the Clerk of Superior Court money equal to the amount of the claim, which money shall be held for the benefit of the claimant; or

(3)       By an entry in the lien docket that the action on the part of the lien claimant to enforce the lien has been dismissed, or a judgment has been rendered against the claimant in such action.

"Sec. 5. Prior to the institution of Attachment or Garnishment proceedings or the filing of any lien as provided above the county or municipality providing fire protection services shall first notify the recipient by certified mail of its intention to institute such proceedings or file such lien. Said notice shall inform the recipient that such proceedings will be instituted or lien filed unless written objection is received by the county or municipality within 30 days of the date of such notice. In the event written objection is filed by the recipient within 30 days of the date of said notice the county or municipality shall be entitled to establish a lien or institute Attachment or Garnishment proceedings only after obtaining a judgment against the recipient for the amount of the charges.

"Sec. 6. These provisions shall apply only to Scotland County and to the City of Hamlet in Richmond County. All provisions of Chapter 855, Session Laws of 1969, relating to Scotland County shall be in full force and effect as to Richmond County and the municipalities therein, with the exception of the City of Hamlet."

Sec. 2. This act shall be effective upon ratification.

In the General Assembly read three times and ratified, this the 19th day of July, 1971.