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

§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.

Legislative History

Acts 2025, No. 99, §1.