(A) In the event a property owner fails to pay any sum due the City under the provisions of this chapter, for which the property owner is responsible, the City may record a lien on the real property to which the service is and/or has been provided for the amount of any unpaid amount due. Any and all unpaid amounts due may result in a lien placed against the property from the date of recording in the Maricopa County Recorder’s Office until the fees and all costs are paid. The lien is subject and inferior to the lien for general taxes and to all prior recorded mortgages and encumbrances of record. A sale of the property to satisfy a lien assessed pursuant to this section shall be made on a judgment of foreclosure and order of sale in accordance with the rules and procedures applicable thereto. The City shall be entitled to recover its reasonable attorney’s fees and costs incurred in the foreclosure of any such lien.

(B) The City will provide the property owner with written notice of intent to file the lien at least 30 days prior to the filing thereof, which shall include an advisement of the opportunity for a hearing with the City Manager. If the sum due for which lien is claimed is paid prior to the expiration of the 30 day period, no such lien shall be filed for the amount paid.

(C) Notice of intent to file the lien shall be given by personal service or certified mail, to the property owner, at the last known address, or to the address to which the tax bill for the property was last mailed. If the owner does not reside on the property, the notice shall be sent to the last known address. Upon payment of the lien, the City Manager is authorized to release the lien on behalf of the City. (Prior Code, Art. 12-8) (Am. Ord. 91-332, passed 8-13-1991; Am. Ord. 11-1238, passed 5-9-2011; Am. Ord. 14-1298, passed 8-18-2014; Am. Ord. 23-1583, passed 9-25-2023. Formerly 12-8-1)