Arizona Laws 48-524. Payment of assessment by setting off compensation
The owner of any property assessed, who is entitled to compensation under the award made by the judgment, may, at any time after the assessment becomes payable, and before the sale of the property for nonpayment, as provided in this article, demand of the street superintendent that the assessment, or any number of assessments, be set off against the amount to which he is entitled under the judgment. If the amount of setoff is equal to or greater than the assessments, including penalties and costs due thereon, the assessments shall be marked "paid by setoff." If the amount is less than the assessments, and penalties and costs due thereon, the person demanding the setoff shall at the same time pay the difference to the street superintendent, and the assessments shall, upon payment be marked paid, the entry showing the portion paid by setoff and the portion paid in money. As a condition of the setoff, such person shall execute to the city or town, and deliver to the street superintendent, duplicate receipts for such part of the amount due him under the judgment as is set off against the assessments, penalties, and costs. One of the duplicates shall be filed by the street superintendent in his office, and the other with the clerk of the superior court, and the clerk shall satisfy the judgment to the extent paid by the assessment.
Terms Used In Arizona Laws 48-524
- city: includes counties, incorporated cities and towns and other corporations organized for municipal purposes. See Arizona Laws 48-501
- Clerk: includes any person or official who performs the duties of clerk of the city or town. See Arizona Laws 48-571
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Owner: means the person in whom, on the day the action or proceeding is commenced, appears the legal title to the lot by deed recorded in the recorder's office, or the person in possession of the lot under claim of title, or exercising acts of ownership over the lot for the person, or as the personal representative of the owner. See Arizona Laws 48-571
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
- Street: includes avenues, alleys, highways, lanes, crossings, intersections, courts, places and grounds now open or dedicated or hereafter opened or dedicated to public use, and public ways. See Arizona Laws 48-571
- Street superintendent: includes any officer or board who, by law, has charge of streets or the improvement thereof in a city or town. See Arizona Laws 48-501
- superintendent: includes any person who, under whatever official name, is charged with the care or supervision of the streets of the city or town. See Arizona Laws 48-571