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OCT 2 0 1992 <br />Attorney Barkett pointed out that the tenants did agree to pay <br />the water bill, but only if the rental rates were reduced <br />proportionately. However, Attorney Vitunac wants to take the easy <br />way out by shutting off the service when foreclosing on the owner <br />is the right way to do it. <br />Commissioner Bowman then asked whether the law says that the <br />landlord may pass the water charges on to the tenant. <br />Attorney Barkett replied that this is true, but the law <br />further says this would in no way relieve the owner of his <br />responsibility to pay the water. <br />Commissioner Scurlock commented that the County should file <br />the lien, and then if the County does not win, the County could <br />then go further and turn off the water, and Attorney Vitunac <br />responded that if the Board wants to do it that way, he would be <br />happy to do that. <br />Commissioner Bird asked if the lien would just stay on forever <br />until the owner sold the property, and Attorney Vitunac responded <br />that the County could sue the owner and <br />get a judgment, but the owner has already said he will not pay. <br />Attorney Barkett recommended suing the owner and then <br />executing against him. <br />Commissioner Scurlock reiterated that the lien should; be <br />filed, and all the measures that are available to the County should <br />be pursued. <br />Commissioner Bird asked what the chances are that the County <br />would win a lien foreclosure. <br />Attorney Vitunac explained that in all other instances where <br />the utility bills were not paid, including apartment buildings, the <br />water is turned off or at least a threat to turn off the water is <br />made, and that he had never come across this situation before, <br />where the County didn't turn off the water. <br />Commissioner Scurlock pointed out that this is different than <br />in an apartment building where the tenants can just move out if the <br />water is turned off. These are owners of mobile homes that are <br />sitting on the property, and they can't just move out because the <br />homes are not actually mobile. <br />Attorney Barkett stressed that between 1974 and 1992, the <br />landlord provided free water until all of a sudden he decided he <br />wasn't going to pay the water bill when county water came in. It <br />already has been decided that impact fees cannot be passed on until <br />there is a hearing on the matter. He added that no Court is going <br />to allow a landlord who signed a contract to pass on -the cost of <br />the water to the tenants. <br />36 <br />M M M <br />