§ 17.5-20. Alternative method of collection.  

Latest version.
  • (a) In lieu of utilizing the Uniform Assessment Collection Act, the city may elect to collect the street lighting assessments by any other method authorized by law or under the alternative collection method provided by this section.

    (b) The city shall provide street lighting assessment bills by first class mail to the owner of each affected parcel of property, other than government property. The bill or accompanying explanatory material shall include:

    (1) A brief explanation of the street lighting assessment;

    (2) A description of the unit of measurement used to determine the amount of the street lighting assessment;

    (3) The number of units contained within the parcel;

    (4) The total amount of the street lighting assessment imposed against the parcel for the appropriate period;

    (5) The location at which payment will be accepted;

    (6) The date on which the street lighting assessment is due; and

    (7) A statement that the street lighting assessment constitutes a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments.

    (c) A general notice of the lien resulting from imposition of the street lighting assessments shall be recorded in the official records of the county. Nothing in this subsection shall be construed to require that individual liens or releases be filed in the official records.

    (d) The city shall have the right to foreclose and collect all delinquent street lighting assessments in the manner provided by law for the foreclosure of mortgages on real property or appoint or retain an agent to institute such foreclosure and collection proceedings. A street lighting assessment shall become delinquent if it is not paid within 30 days from the date any installment is due. The city or its agent shall notify any property owner who is delinquent in payment of his street lighting assessment within sixty (60) days from the date such assessment was due. Such notice shall state in effect that the city or its agent will either:

    (1) Initiate a foreclosure action or suit in equity and cause the foreclosure of such property subject to a delinquent street lighting assessment in a method provided by law for foreclosure of mortgages on real property; or

    (2) Cause an amount equivalent to the delinquent street lighting assessment, not previously subject to collection using the uniform method under the Uniform Assessment Collection Act, to be collected on the tax bill for a subsequent year.

    (e) All costs, fees and expenses, including reasonable attorney's fees and title search expenses, related to any foreclosure action as described in this section shall be included in any judgment or decree rendered in such action. At the sale pursuant to decree in any such action, the city may be the purchaser to the same extent as any person. The city or its agent may join in one foreclosure action the collection of street lighting assessments against any or all property assessed in accordance with the provisions of this section. All delinquent owners whose property is foreclosed shall be liable for an apportioned amount of reasonable costs and expenses incurred by the city and its agents, including reasonable attorney's fees, in collection of such delinquent street lighting assessments and any other costs incurred by the city as a result of such delinquent street lighting assessments and the costs shall be collectible as a part of or in addition to the costs of the action.

    (f) In lieu of foreclosure, any delinquent street lighting assessment and the costs, fees and expenses attributable to such assessment, may be collected pursuant to the Uniform Assessment Collection Act; however:

    (1) Notice must be provided to the owner in the manner required by the Uniform Assessment Collection Act and this article; and

    (2) Any existing lien of record on the affected parcel for the delinquent street lighting assessment is supplanted by the lien resulting from certification of the assessment roll, as applicable, to the tax collector.

    (g) Notwithstanding the city's use of an alternative method of collection, the city manager shall have the same power and authority to correct errors and omissions as provided to him or county officials in section 17.5-17

    (h) Any city commission action required in the collection of street lighting assessments may be by resolution.

(Ord. No. 2010-10, § 1, 5-18-10)