40:14A-21 - Interest on service charges; liens; enforcement - New Jersey Statutes

40:14A-21.  Interest on service charges;  liens;  enforcement
    (a) In the event that a service charge of any sewerage authority with regard  to any parcel of real property shall not be paid as and when due, interest  shall accrue and be due to the sewerage authority on the unpaid balance at the  rate of 1  1/2  % per month until such service charge, and the interest  thereon, shall be fully paid to the sewerage authority.

    (b) In the event that a service charge of any sewerage authority with regard  to any parcel of real property owned by any person other than the State or an  agency or subdivision thereof shall not be paid as and when due, the unpaid  balance thereof and all interest accruing thereon shall be a lien on such  parcel.  Such lien shall be superior and paramount to the interest in such  parcel of any owner, lessee, tenant, mortgagee or other person except the lien  of municipal taxes and shall be on a parity with and deemed equal to the lien  on such parcel of the municipality where such parcel is situate for taxes  thereon due in the same year and not paid when due.  Such lien shall not bind  or affect a subsequent bona fide purchaser of such parcel for a valuable  consideration without actual notice of such lien, unless the sewerage authority  shall have filed in the office of the collector or other officer of said  municipality charged with the duty of enforcing municipal liens on real  property a statement showing the amount and due date of such unpaid balance and  identifying such parcel, which identification may be sufficiently made by  reference to the assessment map of said municipality. The information shown in  such statement shall be included in any certificate with respect to said parcel  thereafter made by the official of said municipality vested with the power to  make official certificates of searches for municipal liens.  Whenever such  service charge and any subsequent service charge with regard to such parcel and  all interest accrued thereon shall have been fully paid to the sewerage authority, such statement shall be promptly withdrawn or cancelled by the sewerage authority.

    (c) In the event that a service charge of any sewerage authority with regard  to any parcel of real property shall not be paid as and when due, the sewerage  authority may, in its discretion, enter upon such parcel and cause the  connection thereof leading directly or indirectly to the sewerage system to be  cut and shut off until such service charge and any subsequent service charge  with regard to such parcel and all interest accrued thereon shall be fully paid  to the sewerage authority.

    (d) In the event that a service charge of any sewerage authority with regard  to any parcel of real property shall not be paid as and when due, the sewerage  authority may, in accordance with section twenty-six of this act, cause the  supply of water to such parcel to be stopped or restricted until such service  charge and any subsequent service charge with regard to such parcel and all  interest accrued thereon shall be fully paid to the sewerage authority.  If for  any any reason such supply of water shall not be promptly stopped or restricted  as required by section twenty-six of this act, the sewerage authority may  itself shut off or restrict such supply and, for that purpose, may enter on any  lands, waters or premises of any county, municipality or other person.  The  supply of water to such parcel shall, notwithstanding the provisions of this  subsection, be restored or increased if the State Department of Health, upon  application of the local board of health or health officer of the municipality  where such parcel is situate, shall after public hearing find and shall certify  to the sewerage authority that the continuance of such stopping or restriction  of the supply of water endangers the health of the public in such  municipality.

    (e) The collector or other officer of every municipality charged by law with  the duty of enforcing municipal liens on real property shall enforce, with and  as any other municipal lien on real property in such municipality, all service  charges and the lien thereof shown in any statement filed with him by any  sewerage authority pursuant to subsection (b) of this section, and shall pay  over to the sewerage authority the sums or a pro rata share of the sums  realized upon such enforcement or upon liquidation of any property acquired by  the municipality by virtue of such enforcement.

    (f) In the event that any service charge of a sewerage authority shall not be paid as and when due, the unpaid balance thereof and all interest accrued thereon, together with attorney's fees and costs, may be recovered by the sewerage authority in a civil action, and any lien on real property for such service charge and interest accrued thereon may be foreclosed or otherwise enforced by the sewerage authority by action or suit in equity as for the foreclosure of a mortgage on such real property.

    (g) All rights and remedies granted by this act for the collection and enforcement of service charges shall be cumulative and concurrent.

     L.1946, c. 138, p. 663, s. 21, eff. April 23, 1946.  Amended by L.1981, c. 530, s. 1, eff. Jan. 12, 1982.