TITLE 36
LOCAL GOVERNMENT
Chapter 60 information not found
ARTICLE 2
CLERKS OF GOVERNING AUTHORITIES OF MUNICIPALITIES
36-60-17. Water supplier's cut off of water to property because of indebtedness of prior owner, occupant, or lessee prohibited; records required; statement of past due amounts; limited liens for unpaid charges for water, gas, sewerage service, or electricity.
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No public or private water supplier shall refuse to supply water to any single or multifamily residential property for which water has been furnished through the use of a separate water meter for each residential unit on application of the owner or new tenant of such property because of the indebtedness of a prior owner, prior occupant, or prior lessee to the water supplier for water previously furnished to such property.
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For each new or current account to supply water, the public and private water suppliers shall maintain a record of identifying information on the applicant for the water service and shall seek reimbursement of unpaid charges for water service furnished initially from the person who incurred the charges.
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Any real property owner or tenant, person having executed a contract for the purchase or occupancy of real property, attorney closing a real estate transaction for the purchase of real property, or lender considering the loan of funds to be secured by real property shall be entitled upon request to a statement from a public or private water supplier setting forth the amount of water charges currently and past due and any late charges and interest applicable for water supplied to such property. Such request shall:
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Be in writing;
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State the address of the real property for which water was supplied;
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Be delivered to the billing address of the public or private water supplier by certified mail, return receipt requested, statutory overnight delivery, or electronic means if electronic communication is permitted by such supplier; and
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State a return address or e-mail address to which the statement reflecting the moneys owed is to be directed.
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Any request transmitted by electronic means shall be considered received on the first business day following such transmission.
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The public or private water supplier shall furnish such statement to the requestor by certified mail, return receipt requested, statutory overnight delivery, or electronic means if electronic communication is provided by the requestor within ten business days of receipt of such request. Such supplier may charge a fee not to exceed $10.00 to provide the requested information.
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The failure of the public or private water supplier to provide such statement within such ten business day period shall:
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Cause any lien for unpaid charges provided by this Code section to be extinguished and to be of no force or effect as to the title acquired by the purchaser or lender, if any, and their respective successors and assigns in the transaction contemplated in connection with such request; and
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Prevent the public or private water supplier from denying water services to the new real property owner or tenant.
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The information specified in the public or private water supplier's statement shall be binding upon the public or private water supplier as of the date of the statement and for 30 days thereafter. When payment in full is tendered within such 30 day period, it shall extinguish any lien by operation of law which the public or private water supplier may have against such property.
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A public or private water supplier shall not impose a lien against real property to secure unpaid charges for water furnished unless the owner of such real property is the person who incurred the charges and shall not deny water services when such a lien has been extinguished.
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This Code section shall not apply to associations that are subject to Article 3 of Chapter 3 of Title 44 which supply water.
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A public or private supplier of gas, sewerage service, or electricity shall not impose a lien against real property to secure unpaid charges for gas, sewerage service, or electricity unless the owner of such real property is the person who incurred the charges.
(Code 1981, §36-60-17, enacted by Ga. L. 1994, p. 1957, § 1; Ga. L. 2016, p. 240, § 1/SB 206.)
The 2016 amendment,
effective July 1, 2016, in subsection (a), near the beginning, substituted "property for" for "property to", near the middle, substituted "tenant of such property" for "resident tenant of the premises", and, at the end, substituted "property" for "premises"; in subsection (b), substituted "water, the public and private water suppliers shall maintain a record of identifying information on the applicant for" for "water to any premises or property, the public or private water supplier shall maintain a record of identifying information on the user of"; added subsection (c); redesignated former subsection (c) as present subsection (d); in subsection (d), added "and shall not deny water services when such a lien has been extinguished" at the end; added subsection (e); and redesignated former subsection (d) as present subsection (f).
Law reviews.
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For annual survey on local government law, see 61 Mercer L. Rev. 255 (2009). For annual survey on real property law, see 61 Mercer L. Rev. 301 (2009).
JUDICIAL DECISIONS
Pre-emption of city ordinance as to discontinuance of water service.
- Pursuant to the uniformity clause of Ga. Const. 1983, Art. III, Sec. VI, Para. IV(a),
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154-120(1) of the Code of Ordinances of the City of Atlanta, Ga., which authorized the discontinuance of water service until a bill was paid, was pre-empted by O.C.G.A.
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36-60-17(a), which did not allow a supplier to refuse to supply water to a water meter because of a prior owner's indebtedness. Fed. Home Loan Mortg. Corp. v. City of Atlanta, 285 Ga. 189, 674 S.E.2d 905 (2009).
Statute not applicable to commercial property.
- Trial court properly granted summary judgment to a city on a property owner's claims that the city unlawfully refused to supply water service to the owner's commercial property until the former tenant's water service charges were paid as the prohibition against refusing to supply water to certain property did not apply to non-residential property under O.C.G.A.
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36-60-17(a). Solid Equities, Inc. v. City of Atlanta, 308 Ga. App. 895, 710 S.E.2d 165 (2011).
City ordinance properly permitted heightened status lien.
- Section 154-120 of the Code of Ordinances of the City of Atlanta, Ga., was not in conflict with O.C.G.A.
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36-60-17(c) as the ordinance expressly recognized that the city's ability to impose a lien on real property on the basis of unpaid water bills for service to that property was limited by
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36-60-17, which only granted a heightened-status lien for unpaid water charges incurred by the owner as opposed to a non-owner occupant. Fed. Home Loan Mortg. Corp. v. City of Atlanta, 285 Ga. 189, 674 S.E.2d 905 (2009).
