New Jersey § 40a:26a-12

§ 40a:26a-12.

a. Rates, rentals, connection fees or other charges levied in accordance with N.J.S.40A:26A-10 and 40A:26A-11 , shall be a first lien or charge against the property benefited therefrom. If any part of the amount due and payable in rates, rentals, connection fees or

other charges remain unpaid for 30 days following the date for the payment thereof,

interest upon the amount unpaid shall accrue at a rate of interest to be determined

in accordance with N.J.S.40A:26A-17 . The governing body or bodies of the local unit or units may authorize payment of

delinquent assessments on an installment basis in accordance with R.S.54:5-19 . Liens levied in accordance with this section shall be enforceable in the manner

provided for real property tax liens in chapter 5 of Title 54 of the Revised Statutes. b. Nothing in this section shall be construed to limit the right of a local unit or

local units to discontinue service of any property for the failure to pay any amount

owing within 30 days after the date the amount is due and payable, if written notice

of the proposed discontinuance of service and of the reasons therefor has been given,

within at least 10 days prior to the date of discontinuance, to the owner of record

of the property. In the event that notice is provided by mail, the notice requirements shall be satisfied

if the mailing is made to the last known address of the owner of record and is postmarked

at least 10 days prior to the date of discontinuance. c. Notwithstanding the provisions of subsections a. and b. of this section, if the

Governor has declared a public health emergency pursuant to the “Emergency Health

Powers Act,” P.L.2005, c. 222 ( C.26:13-1 et seq. ), or a state of emergency, pursuant to P.L.1942, c. 251 (C.App.A:9-33 et seq.), or

both, in response to a flood, hurricane, superstorm, tornado, natural or other disaster,

or public health emergency, then, for the duration of the public health emergency,

state of emergency, or both and for a period up to 90 days after the public health

emergency, state of emergency, or both, are no longer in effect, the governing body

or bodies of the local unit or units may, in its discretion, engage in any combination

of the following: (1) not charge interest on the delinquent payment; (2) not place

a lien on such parcel of real property for the unpaid balance for any service charge

and all interest accruing thereon; or (3) not discontinue service of any property

for the failure to pay any amount owing. The governing body shall exercise the discretionary authority it is provided under

this subsection consistently to all properties, or to all properties of the same use

type or other appropriate category.