                                 CODE OF VIRGINIA

LIEN FOR WASTE TIRE PILE REMOVAL (§ 10.1-1418.5)

A. The Commonwealth shall have a lien, if perfected as hereinafter provided, on
land subject to removal action under &#xA7; 10.1-1418.4 for the amount of the
actual and reasonable costs incurred to complete such removal action.

B. The Director shall perfect the lien given under the provisions of this
section by filing, within six months after completion of the removal, in the
clerk&#8217;s office of the court of the county or city in which the land or any
part of the land is situated, a statement consisting of (i) the name of the
owner of record of the property sought to be charged, (ii) an itemized account
of moneys expended for the removal work, and (iii) a brief description of the
property to which the lien attaches.

C. It shall be the duty of the clerk of the court in whose office the statement
described in subsection B is filed to record the statement in the deed books of
the office and to index the statement in the general index of deeds in the name
of the Commonwealth as well as the owner of the property, and shall show the
type of such lien. From the time of such recording and indexing, all persons
shall be deemed to have notice thereof.

D. Liens acquired under this section shall have priority as a lien second only
to the lien of real estate taxes imposed upon the land.

E. Any party having an interest in the real property against which a lien has
been filed may, within 60 days of such filing, petition the court of equity
having jurisdiction wherein the property or some portion of the property is
located to hold a hearing to review the amount of the lien. After reasonable
notice to the Director, the court shall hold a hearing to determine whether such
costs were reasonable. If the court determines that such charges were excessive,
it shall determine the proper amount and order that the lien and the record be
amended to show the new amount.

F. Liens acquired under this article shall be satisfied to the extent of the
value of the consideration received at the time of transfer of ownership. Any
unsatisfied portion shall remain as a lien on the property and shall be
satisfied in accordance with this section. The proceeds from any lien shall be
deposited in the Waste Tire Trust Fund established pursuant to &#xA7;
10.1-1422.3. If an owner fails to satisfy a lien as provided herein, the
Director may proceed to enforce the lien by a bill filed in the court of equity
having jurisdiction wherein the property or some portion of the property is
located.

HISTORY: 2003, c. 101.