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2018 Georgia Code 36-60-17 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-60-17 Case Law from Google Scholar Amendments to OCGA 36-60-17

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.

  1. 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.
  2. 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.
    1. 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:
      1. Be in writing;
      2. State the address of the real property for which water was supplied;
      3. 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
      4. State a return address or e-mail address to which the statement reflecting the moneys owed is to be directed.
    2. Any request transmitted by electronic means shall be considered received on the first business day following such transmission.
    3. 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.
    4. The failure of the public or private water supplier to provide such statement within such ten business day period shall:
      1. 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
      2. Prevent the public or private water supplier from denying water services to the new real property owner or tenant.
    5. 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.
  4. 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.
  5. This Code section shall not apply to associations that are subject to Article 3 of Chapter 3 of Title 44 which supply water.
  6. 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.

- 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), § 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. § 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. § 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. § 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 § 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).

Cases Citing O.C.G.A. § 36-60-17

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Fed. Home Loan Mortg. Corp. v. City of Atlanta, 674 S.E.2d 905 (Ga. 2009).

Cited 1 times | Published | Supreme Court of Georgia | Mar 23, 2009 | 285 Ga. 189, 2009 Fulton County D. Rep. 1004

...The questions arise in a declaratory judgment action filed in the federal district court. We have been asked to determine whether the City of Atlanta's ordinance concerning action that may be taken when charges for water and sewer service are not paid is inconsistent with and thus pre-empted by OCGA § 36-60-17. [1] We have also been asked to determine whether OCGA § 36-60-17 prohibits a municipality from retaining, as well as imposing, a lien on residential property to secure unpaid charges for water service to the residential property when the property is no longer owned by the person who incurred the charges....
...rovide water service to the property following the sale of the property at the foreclosure sale; and that the City's policy to refuse water service until the new owner of the property paid the sums incurred by the former property owner violated OCGA § 36-60-17....
...rson will be sent a notice that their service will be terminated without further notice and the commissioner... [is] authorized to turn off and discontinue water service to the person and premises until the bill or charge is paid.... Subject to OCGA § 36-60-17, the delinquent bill or charge shall be a lien on the property where the bill or charge was incurred.... Generally, OCGA § 36-60-17(a) prohibits a water supplier from refusing to supply water to a water meter because of the indebtedness of a prior owner, occupant, or lessee of the residence served by that meter....
...residence served by its own meter until the water supplier receives payment for unpaid water charges incurred by a former owner, occupant, or lessee of the property, the city ordinance is in conflict with and is pre-empted by subsection (a) of OCGA § 36-60-17....
...Accordingly, the City, as water supplier, cannot refuse to supply water to the premises at issue until it receives payment of the water bill arrearage incurred by a former owner. 2. Freddie Mac maintains that the City ordinance is also in conflict with and preempted by subsection (c) of OCGA § 36-60-17....
...rty to secure payment for unpaid water charges incurred by anyone other than the owner of the property. The city ordinance says the delinquent water bill or charge becomes a lien on the property where the bill or charge was incurred, subject to OCGA § 36-60-17. Prior to the enactment of OCGA § 36-60-17 in 1994, this Court sanctioned the imposition of a lien on real property to secure payment of unpaid bills for water supplied to the property where a city charter or local ordinance authorized the water supplier to shut off water to the p...
...[4] Six months after the decision of the Court of Appeals in Druid Associates holding that the foreclosing holder of a deed to secure debt was responsible for the delinquent water charges incurred by the tenant of the property owner suffering foreclosure, the General Assembly enacted OCGA § 36-60-17 to end the practice of imposing a lien against real property to secure payment of unpaid water charges unless the water charges had been incurred by the owner of the property, and to end the practice of water suppliers refusing to supply water to certain residential property because of the indebtedness of a prior owner, occupant, or lessee. [5] OCGA § 36-60-17 embodies a limited legislative modification of the judicially-created policy that permitted delinquent water bills, regardless of who incurred the charges, to serve as the basis for the imposition of a lien of heightened status on the real property at which the bills were incurred. Through enactment of OCGA § 36-60-17(c), the General Assembly statutorily overruled the case law authorizing imposition of a "heightened-status" lien for unpaid water charges incurred by a former non-owner occupant....
...erty where the unpaid charges were incurred remains in place. Inasmuch as the city's ordinance expressly recognizes that its ability to impose a lien on real property on the basis of unpaid water bills for service to that property is limited by OCGA § 36-60-17, we conclude that the city's ordinance is not in conflict with subsection (c) of OCGA § 36-60-17. 3. In light of the discussion above, we answer the second question posed by the federal district court by stating our conclusion that OCGA § 36-60-17 does not prevent a water lien from arising when the owner of real property accrues unpaid water bills for water charges incurred by the property owner, *909 and OCGA § 36-60-17 does not affect the heightened status said water lien enjoys....
...rvice at a residential property at which each residential unit is served by a separate meter on the ground that there exists an indebtedness for water service incurred by a prior owner, occupant or lessee, is inconsistent with and pre-empted by OCGA § 36-60-17(a). Section 154-120(1) is not inconsistent with OCGA § 36-60-17(c) since the ordinance recognizes the water supplier's ability to impose a lien for non-payment of water charges is limited to instances where the owner incurred the indebtedness. Stated another way, OCGA § 36-60-17 does not prevent a water lien from arising when the owner of real property accrues unpaid water bills for water charges incurred by the property owner, and OCGA § 36-60-17 does not affect the heightened status said water lien enjoys. Questions answered. All the Justices concur. NOTES [1] OCGA § 36-60-17 provides: (a) No public or private water supplier shall refuse to supply water to any single or multifamily residential property to which water has been furnished through the use of a separate water meter for each residential unit on appl...