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A. Notwithstanding any term, clause or section in this chapter, pursuant to A.R.S. Section 9-511.02, in the event the monthly service charge for wastewater collection and treatment for a given property becomes delinquent for more than 90 days, the city may file a lien upon the property for which sewer service is provided for such nonpayment of monthly charges. Prior to filing such lien, the city shall comply with the following procedures:

1. The owner of record of the subject property shall be given written notice of the city’s intention to file a lien not less than 30 days prior to filing the lien. The notice shall be hand delivered or mailed by certified mail at the owner’s last known address or to the address at which the tax bill for the property was last mailed. If the owner does not reside at such property, the notice shall be sent to him at his last known address.

2. The notice shall inform the property owner that he or she has the opportunity for a hearing regarding the delinquency before a designated city official.

3. In the event the property owner requests a hearing, such request must be received not later than 15 days from the date of the notice. The request for hearing shall include copies of all documents that support the owner’s position that there is no delinquency or that the amount claimed delinquent by the city is in error. A hearing shall be scheduled and held not later than 10 days following a request for a hearing by a property owner. The property owner shall be notified in writing of the time and date of the hearing.

4. The procedures set forth in SCC 13.15.080(C)(1) through (6), inclusive, shall apply and govern the hearing process, except as amended herein.

5. In the event no hearing is requested by the property owner, or in the event payment is not made on a delinquent amount as determined by a hearing officer after a hearing, the city may place a lien on the property in accordance with this section.

B. Any lien placed on a property pursuant to this section shall be enforceable pursuant to and in accordance with A.R.S. Section 9-511.02. [Code 2006 § 13-6-7. Ord. 2009-04, 4-14-2009; Ord. 2014-06 § 1, 5-27-2014; Res. 2014-10 Exh. A, 5-27-2014].