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The owner/seller of single- or multi-family residential property within unincorporated Pierce County that is being constructed or improved for resale may make a request at the time of any sewer service permit application for a voluntary contractual lien against the title to this property for the deferral of payment of all connection charges other than latecomers charges prescribed by this Chapter to the closing of sale; provided, that said owner/seller agrees to the following:

A. The voluntary contractual lien shall be contingent upon full payment by the said owner/seller of the Lien Administrative Fee prescribed in PCC 2.05.040 C.8. and the availability of complete and accurate information to record the voluntary contractual lien;

B. The sewer service permit shall not be issued to the said owner/seller until the voluntary contractual lien has been recorded by County staff;

C. The said owner/seller shall be responsible for payment of interest on the said connection charges based on a rate of three percent per annum and accrued from the date of sewer service permit issuance until the date of full payment of said connection charges;

D. The said owner/seller shall be responsible for full payment of said connection charges and accrued interest to the County either by no later than the closing date of sale or by no later than two years from the date of sewer service permit issuance, whichever comes first. In no case shall building occupancy occur prior to the full payment of the deferred connection charges and any accrued interest. Notice of the prohibition on occupancy shall be included on all certificates of occupancy issued by Pierce County;

E. In the event that the said property is sold within two years from the date of sewer service permit issuance, full payment of said connection charges and accrued interest shall be made by the closing/escrow agent or title company to the County from the sale proceeds of the said owner/seller;

F. Upon confirmation of full payment of said connection charges and accrued interest to the County, the voluntary contractual lien shall be released by County staff;

G. If the said owner/seller fails to make full payment of said connection charges and accrued interest within the timeframes set forth in this Section, then said owner/seller shall also become liable for a penalty in the amount of ten percent of the unpaid balance of said connection charges (exclusive of any accrued interest); and

H. If the said owner/seller fails to make full payment of said connection charges, accrued interest, and any penalty within 60 days after the timeframes set forth in this Section, the County may bring suit in foreclosure by civil action in the Pierce County Superior Court.

(Ord. 2018-99s § 1 (part), 2018; Ord. 2017-68s § 2 (part), 2017; Ord. 2013-25s § 2 (part), 2013)