§ 6-4-040. Same—Executions authorized.

Should a customer who is either the owner of property served or the agent of such owner not pay the utility charges thereon, and the payment thereof shall be in default for a period of 60 days after the first date due, the BLW shall be entitled and authorized to have an execution issue, which execution shall issue in the name of the BLW in rem against the property described and shown on the ad valorem tax digest, and in personam against the owner of the property and shall be for the principal amount due, as of the date of the issuance of the lien plus all amounts coming due thereafter, plus interest at the rate of one percent per month from the first date due, respectively, and the sum of $1.50 cost for the issuance of the execution, and the actual costs of recording said lien. For the purposes of this section, any period of less than one month shall be considered to be one month. Subsequent costs thereon shall be the same as those now or hereafter allowed by law to the sheriff for the performance of similar services. Such execution for utility charges shall be delivered to the police chief of said city, and subsequent proceedings had thereon shall be as provided by law for the enforcement of executions for taxes. All executions issued pursuant hereto, shall issue against the owner and the property served, and shall be recorded on the general execution docket in the office of the Clerk of Superior Court of Cobb County, Georgia and the same shall constitute a lien against the property from the time the charge was first due, which lien shall rank on a parity with and be of equal dignity to other liens for special tax assessments.

(Code 1978, § 6-1004; Ord. No. 3427, 10/11/78, § 3, as amended by Mo. of 8/13/80; Ord. No. 5339, 8/10/94; Ord. No. 5575, 6/12/96)