Louisiana § RS 33:4887 - Municipal powers; demand; sworn detailed statement; privileges; sewer and water

§ RS 33:4887. Municipal powers; demand; sworn detailed statement; privileges; sewer and water

            A. The governing authority of a municipality shall have a privilege against a multifamily residential property for the amount of any unpaid service charge or user fee for sewage disposal or water system services the municipality provides. The privilege shall apply only to multifamily residential property that uses a master meter service agreement in which a single water meter or collection of meters measures the total water or sewage services usage for the entire property or multiple units within a development. For purposes of this Section, multifamily residential property shall mean immovable property consisting of more than four dwelling units occupied by persons other than the owner of the immovable property.

            B. When an owner of a multifamily residential property with a master meter service agreement fails to pay the service charge or user fee for the sewage disposal or water system services, a municipal governing authority seeking to collect the past due amounts owed shall make written demand by any of the following:

            (1) United States mail postage paid, or commercial courier as defined in Code of Civil Procedure Article 1313(D), to the mailing address designated by the owner.

            (2) Electronic mail to the address designated by the owner.

            (3) Hand delivery to the physical location of the multifamily residential property, if neither a mailing address nor an electronic mail address has been designated by the owner.

            (4) Any other method reasonably calculated to provide notice to the owner.

            C.(1) The owner shall have thirty days after the written demand to deliver payment for the amount owed to the municipal governing authority.

            (2) The municipal governing authority shall apply any sums paid by the owner following delivery of the written demand to the balance owed.

            (3) After expiration of the thirty-day period, the municipal governing authority may file a sworn detailed statement of privilege in accordance with this Section.

            D. Upon the filing of a sworn detailed statement of privilege, the municipal governing authority shall have a privilege upon the multifamily residential property. The privilege shall secure unpaid service charges, user fees, together with interest thereon at the legal interest rate from the date due.

            E.(1) The sworn detailed statement of privilege shall be signed and verified by a municipal official with knowledge of the unpaid service charges or user fees for sewage disposal or water system services and filed for registry in the mortgage records of the parish where the multifamily residential property is located. The statement of privilege shall include all of the following:

            (a) Complete property description of the applicable multifamily residential property.

            (b) Name of the recorded owner the date that the service charges or user fees became delinquent.

            (c) Statement of the amount of unpaid service charges or user fees owed for sewage disposal or water system services.

            (d) Date the written demand was made upon the owner.

            (2) A privilege pursuant to this Section is effective from the time the statement of privilege is filed for registry in the mortgage records and, except as otherwise provided in the Private Works Act, R.S. 9:4801 et seq., is preferred in rank to all mortgages, privileges, and other rights that become effective against third persons after recordation of the statement of privilege authorized pursuant to this Section.

            (3) The effect of recordation of a statement of privilege filed under this Section shall cease in accordance with Civil Code Article 3357 and may be reinscribed in accordance with applicable law.

            Acts 2025, No. 99, §1.