The rates, rents, fees or charges when made for the use of any revenue-producing undertaking may be collected by distress, levy, garnishment, attachment or as otherwise provided by law. Any unpaid rate, rent, fee or charge shall become a lien superior to the interest of any owner, lessee or tenant, and next in succession to taxes, on the real property on or for which the use of any such undertaking was made and for which the rate, rent, fee or charge was imposed. However, the lien shall not bind or affect a subsequent bona fide purchaser of the real estate for valuable consideration without actual notice of the lien, until amount of the rate, rent, fee or charge is entered in the judgment records kept in the clerk's office where deeds are recorded with respect to the real estate against which the lien is asserted. It shall be the duty of the clerk in such office to keep, preserve and hold available for public inspection the judgment records and to cause entries to be made and indexed in them from time to time upon certification by the locality.
The lien on any real estate may be discharged by the payment to the locality of the total amount of the lien, plus interest at the judgment rate of interest provided for in § 6.2-302 from the date the rate, rent, fee or charge was due and payable to the date of payment. It shall be the duty of the locality to deliver a certificate of payment to the person paying the lien. Upon presentation of the certificate, the clerk having the record of the lien shall mark the lien satisfied.
Jurisdiction to enforce any lien shall be in equity, and the court may order any real estate subject to the lien, or any part of it, sold and the proceeds applied to the payment of the lien and the interest which may accrue to the date of payment.
Nothing contained in this section shall be construed to prejudice the right of the locality to recover the amount of any lien, or of the rate, rent, fee or charge, and the interest which may accrue, by action at law or otherwise.
Code 1950, § 15-666.18; 1958, c. 640; 1962, c. 623, § 15.1-175; 1986, cc. 379, 468; 1991, c. 668, § 15.1-227.7; 1994, cc. 432, 714; 1997, c. 587.
Structure Code of Virginia
Title 15.2 - Counties, Cities and Towns
Chapter 26 - Public Finance Act
§ 15.2-2603. Disposition of unclaimed funds due on matured bonds or coupons
§ 15.2-2606. Public hearing before issuance of bonds
§ 15.2-2608. Bonds for revenue-producing undertakings
§ 15.2-2609. Covenants relating to issuance of revenue bonds
§ 15.2-2610. Request for referendum filed with court; order for election; notice
§ 15.2-2611. Holding of election; order authorizing bonds; authority of governing body
§ 15.2-2612. Dating; rate of interest; maturity; denomination; place of payment
§ 15.2-2613. Form and manner of execution; signature of person ceasing to be officer
§ 15.2-2614. Bearer, registered or book entry form
§ 15.2-2615. Bonds deemed negotiable instruments
§ 15.2-2616. Interim receipts or temporary bonds exchangeable for definitive bonds
§ 15.2-2618. Disposition of proceeds; separate fund
§ 15.2-2619. Investment of proceeds pending application to authorized purpose
§ 15.2-2620. Bonds made legal investments
§ 15.2-2621. Bonds mutilated, lost or destroyed
§ 15.2-2622. Destruction of bonds and coupons after payment in full
§ 15.2-2623. Defeasance of indebtedness; rights of owners
§ 15.2-2624. Tax to pay principal and interest
§ 15.2-2625. Deposit of funds; security; investment of funds
§ 15.2-2626. Contracts concerning interest rates, currency, cash flow or other basis
§ 15.2-2627. Time for contesting validity of proposed bond issue; when bonds presumed valid
§ 15.2-2628. Notes in anticipation of bond issue
§ 15.2-2629. Loans to meet appropriations for current year
§ 15.2-2630. Loans in anticipation of federal and state funds
§ 15.2-2631. Terms of temporary loans
§ 15.2-2632. Certain debts that may be contracted by city on transition from town
§ 15.2-2633. Borrowing by certain cities to pay expenses
§ 15.2-2634. Limitation on amount of outstanding bonds
§ 15.2-2635. What indebtedness not included in determining limitation
§ 15.2-2636. Ordinance or resolution to provide for issue of bonds
§ 15.2-2637. Danville to incur indebtedness only in accordance with charter
§ 15.2-2638. Powers of counties generally; approval of voters required
§ 15.2-2639. County may elect to be treated as city for issuing bonds
§ 15.2-2640. Resolution for bond issue; contents; request for bonds for school purposes
§ 15.2-2641. Subsequent resolutions
§ 15.2-2642. School district bonds
§ 15.2-2643. Authority for issuance; resolutions or ordinances
§ 15.2-2646. Participation in funds donated by the Commonwealth
§ 15.2-2647. Expenses of authorization and issuance; agent to assist in refunding transaction
§ 15.2-2648. Purchase in open market
§ 15.2-2649. District refunding bonds
§ 15.2-2650. Article controlling as to proceedings involving validity
§ 15.2-2651. Proceeding by political subdivision to establish validity; procedure; parties defendant
§ 15.2-2652. Service by publication of motion for judgment; parties defendant
§ 15.2-2655. Consolidation of actions or proceedings
§ 15.2-2657. Decree validating bonds binding and conclusive
§ 15.2-2658. Bonds invalidated only for substantial defects, etc.; matters of form disregarded
§ 15.2-2660. Bonds not affected by project undertaken
§ 15.2-2661. Provisions of chapter controlling; powers conferred are additional