(1) In lieu of the method of levy and assessment provided for in ORS 554.130, the board of directors may provide in the bylaws or by resolution for the billing and collection of the rates, tolls, fees, fines and charges of the corporation in the manner provided in this section. The provision in the bylaws or the resolution may apply to rates, tolls, fees, fines and charges for the operation and maintenance of the corporation, for the use of water, or for the use of any of the works of the corporation, or for violation of any of the bylaws, rules and regulations of the corporation, or for principal and interest of maturing indebtedness.
(2) The bylaws or the resolution establishing the rates, tolls, fees, fines and charges shall fix the time when they shall become due and payable, and shall also fix a time after which they shall become delinquent, which time shall be any time within one year from the due date.
(3) If any rates, tolls, fees, fines or charges remain unpaid after the delinquency date, the secretary of the corporation may file a Notice of Claim of Lien with the recording officers of the county of each county in which land is situated which received or was entitled to receive the benefit of the water delivery or other benefits from the corporation for which the rates, tolls, fees, fines or charges have been made. The Notice of Claim of Lien shall be in writing and must contain:
(a) The name of the person or entity to whom water was delivered or was deliverable or who received benefits from or was entitled to receive benefits from the works of the corporation;
(b) A statement of the amount claimed past due; and
(c) A description of the land which received or was entitled to receive the benefit of the water delivery or other benefits of the corporation sufficient for identification. Upon such filing, the rates, tolls, fees, fines or charges shall become a lien upon all lands therein described in the amounts set forth opposite each tract of land.
(4) If rates, tolls, fees, fines or charges, or any installment thereof, are not paid when due, interest shall be charged and collected on the past due amount at the rate of one and one-half percent per month, or fraction of a month, until paid.
(5) Upon the filing of the Notice of Claim of Lien, the board of directors by resolution may direct that all delinquent rates, tolls, fees, fines and charges represented thereby shall be foreclosed by the district. The foreclosure shall follow the procedures and be accomplished in the manner provided in ORS 545.502, 545.504 and 545.506. [1991 c.459 §432c]
Section: Previous 554.086 554.088 554.090 554.100 554.110 554.120 554.130 554.135 554.140 554.150 554.160 554.170 554.180 554.190 554.200 NextLast modified: August 7, 2008