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2011 SESSION
11103001DBe it enacted by the General Assembly of Virginia:
1. That § 15.2-2118 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-2118. Lien for water and sewer charges and taxes imposed by localities.
The governing body of any county adjoining a city lying wholly
within the Commonwealth and which has a population of more than 75,000
according to the 1970 or any subsequent census and any county having a density
of population of more than 600 per square mile according to the 1960 or any
subsequent census, Botetourt, Caroline, Culpeper, Cumberland, Franklin,
Gloucester, Goochland, Hanover, Isle of Wight, New Kent, Orange and any town
located therein, Rockingham, Spotsylvania, Stafford, and York Counties, the
Cities of Fairfax, Manassas Park, Newport News, Petersburg, Richmond, and
Roanoke, and the Towns of Blacksburg, Front Royal, and Kenbridge may by
ordinance provide that taxes or charges hereafter made,
imposed, or incurred for water or sewers or use thereof within or outside such
locality shall be a lien on the real estate served by such waterline or sewer. Such lien shall be superior to the interest of any
owner, lessee or tenant of the real estate and rank on a parity with liens for
unpaid real estate taxes. Where
residential rental real estate is involved, no lien shall attach unless the locality (i) unless
the user of the water or sewer services is also the owner of the real estate or
(ii) unless the owner of the real estate negotiated or executed the agreement
by which such water or sewer services were provided to the property has advised the owner of
such real estate at the time of initiating service to a
lessee or tenant of such real estate that a lien will be placed on the real
estate if the lessee or tenant fails to pay any fees,
rents or other charges when due for services rendered to the lessee or tenant;
(ii) has mailed to the owner of the real estate a duplicate copy of the final
bill rendered to the lessee or tenant at the time of rendering the final bill
to such lessee or tenant; and (iii) employs the same
collection efforts and practices to collect amounts due
the locality from a lessee or a tenant as are employed
with respect to collection of such amounts due from
customers who are owners of the real estate for which service is provided. No lien on residential
rental real estate created pursuant to this section shall be in an amount that
exceeds charges for three billing periods, plus applicable penalties and
interest, if any. The lien created pursuant to this section shall be subject to
the provisions of § 15.2-104 and shall not bind or affect a
subsequent bona fide purchaser of the real estate for valuable consideration without
actual notice of the lien unless and until the locality has complied with the requirements
of § 15.2-104.