Arizona Laws 48-2846. Action against property owner to collect assessment
A. If the owner of a lot, acre or parcel of property that received an assessment files a request that no bonds be issued against the owner’s lot, acre or parcel, at any time after thirty-five days from the date of the warrant, the district may sue the owner of the lot, acre or parcel assessed and recover the amount of an assessment remaining unpaid with interest at the maximum rate specified in the resolution of intention until paid or foreclose the lien of the assessment.
Terms Used In Arizona Laws 48-2846
- Acre: means one acre of unsubdivided land. See Arizona Laws 48-2831
- 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. See Arizona Laws 48-2831
- 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. See Arizona Laws 48-2831
- Owner: means the person who, on the day the action or proceeding is begun or a notice is given, possesses legal title to the lot by deed recorded in the county recorder's office or the person who is 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 48-2831
- Parcel: means an unsubdivided parcel of land that is larger than an acre. See Arizona Laws 48-2831
- Property: includes both real and personal property. See Arizona Laws 1-215
B. If personal demand has been made and the owner has refused to pay the assessment so demanded, the district may recover reasonable attorney fees.
C. Only one action shall be brought 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 district to recover.