40:66A-18 - Service charge with regard to real property; interest; liens, enforcement of; collection
40:66A-18. Service charge with regard to real property; interest; liens, enforcement of; collection
(a) In the event that a service charge of any incinerator authority with regard to any parcel of real property shall not be paid as and when due, interest shall accrue and be due to the incinerator authority on the unpaid balance at the rate of one per centum (1%) per month until such service charge, and the interest thereon, shall be fully paid to the incinerator authority.
(b) In the event that a service charge of any incinerator authority with regard to any parcel of real property owned by any person, firm, corporation or association shall not be paid as and when due, the unpaid balance thereof and all interest accruing thereon shall be a lien on such parcel. Such lien shall be superior and paramount to the interest in such parcel of any owner, lessee, tenant, mortgagee or other person except the lien of State, county and municipal taxes and shall be on a parity with and deemed equal to the lien on such parcel of State, county and municipal taxes.
(c) In the event that a service charge of any incinerator authority with regard to any parcel of real property shall not be paid as and when due, the incinerator authority may, in its discretion, discontinue the furnishing of any of the services and facilities of said garbage disposal system until such service charge and any subsequent service charge with regard to such parcel and all interest accrued thereon shall be fully paid to the incinerator authority.
(d) The collector or other officer of every municipality charged by law with the duty of enforcing municipal liens on real property shall enforce, with and as any other municipal lien on real property in such municipality, all service charges and the lien thereof and shall pay over to the incinerator authority the sums or a pro rata share of the sums realized upon such enforcement or upon liquidation of any property acquired by the municipality by virtue of such enforcement.
(e) In the event that any service charge of an incinerator authority shall not be paid as and when due, the unpaid balance thereof and all interest accrued thereon, together with attorneys' fees and costs, may be recovered by the incinerator authority in a civil action, and any lien on real property for such service charge and interest accrued thereon may be foreclosed or otherwise enforced by the incinerator authority by action or suit in equity as for the foreclosure of a mortgage on such real property.
(f) All rights and remedies granted by this act for the collection and enforcement of service charges shall be cumulative and concurrent.
L.1948, c. 348, p. 1372, s. 18, eff. Sept. 1, 1948.