Arizona Laws 48-2059. Action against property owner to collect assessment
A. If the district chooses not to issue bonds, or fails to issue bonds on completion of the work, at any time after thirty-five days from the date of the warrant or, if any objection filed with the board as provided in section 48-2058 is denied, at any time after five days from its decision, the contractor may sue the owner of the lot assessed and recover the amount of an assessment remaining unpaid with interest at the rate of eight per cent per annum until paid or foreclose the lien of the assessment.
Terms Used In Arizona Laws 48-2059
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Board: means the board of directors of the district or the board of supervisors acting as the board of directors pursuant to section 48-2010. See Arizona Laws 48-2041
- Contractor: means a contractor or a personal representative or assignee of a contractor. See Arizona Laws 48-2041
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Lot: means any portion, piece, parcel or subdivision of land or property, or property owned or controlled by any person as a railroad right-of-way. See Arizona Laws 48-2041
- Owner: means the person who, on the day the action or proceeding is begun, possesses legal title to the lot by deed recorded in the county recorder's office or the person in possession of the lot under claim of title or exercising acts of ownership over the lot for himself or as the personal representative of the owner. See Arizona Laws 48-2041
- Plaintiff: The person who files the complaint in a civil lawsuit.
B. If the district chooses not to issue bonds, or fails to issue bonds on the completion of the work, and if personal demand has been made and the owner has refused to pay the assessment so demanded, the plaintiff may recover reasonable attorney fees.
C. Only one action shall be begun to foreclose liens arising under a single proceeding against the same defendant.
D. The warrant, assessment and diagram, with the affidavit of demand and nonpayment, are prima facie evidence of the regularity and correctness of the assessment and of the prior proceedings and acts of the board on which the warrant, assessment and diagram are based and are also evidence of the right of the plaintiff to recover.