§ 94-17. Lien on properties assessed.  


Latest version.
  • (a)

    When final completion has been achieved on the project and the board of county commissioners has approved and directed the recording of a final assessment roll, the final assessment roll shall constitute a lien on each property assessed for any improvements or services under the provisions of this ordinance. Any delinquent or unpaid assessment for any improvements or services under the provisions of this ordinance shall remain a liens until paid in full and shall be equal in rank and dignity with the liens of county ad valorem taxes and all other liens resulting from special assessments by the county, and superior in rank and dignity to all other liens, prior recorded mortgages, encumbrances, titles and claims in, to or against the improved real property involved. Payments on any special assessment shall first be applied to interest, then to unpaid principal.

    (b)

    The county may enforce any lien imposed under this ordinance in the same manner as is provided for the foreclosure of mortgages, and the county shall thereby be entitled to collect the special assessment as well as interest, costs, penalties, and reasonable attorneys' fees. Upon the failure of a property owner to pay any installment of principal or interest on any assessment lien within 33 calendar days of its due date, the county may thereafter elect either to seek recovery of any outstanding and unpaid installments, or to accelerate the due date of all outstanding installments of principal remaining unpaid and pursue immediate recovery thereof, together with interest due thereon from date of default, as well as any applicable costs, penalties, and attorneys' fees. Should the county elect to adopt the uniform method of collection for non-ad valorem assessments as an alternative collection method as provided for under subsection 94-16(c), the county may also collect any such assessments that are due for each of the specially benefited parcels in the same manner as a lien for general county ad valorem taxes and as otherwise provided under other applicable law.

(Ord. No. 97-08, § XVI, 6-10-97; Ord. No. 02-17, § 1, 7-30-02; Ord. No. 13-24, § 5, 11-5-13)