§ 94-236. Special assessments and service fees prior to initiation of first full year annual special assessments and service fees; payment of prorated special assessments and service fees; discharge of lien.

(a)

Prorated special assessments and service fees shall be imposed against, and paid by the owners of all applicable improved real property for each remaining month of that fiscal year, beginning with the first full month the real property becomes improved real property, until October 1 of that fiscal year. The prorated special assessments and service fees shall be equal to one-twelfth of the annual special assessments or service fees imposed under the applicable rate resolutions, multiplied by the number of months remaining in the year prior to October 1 of that fiscal year.

(b)

The prorated special assessments and service fees prior to initiation of first full year annual special assessments or service fees shall be billed by the board of county commissioners or its authorized representative.

(c)

Prorated special assessments and invoiced service fees shall be due and payable when issued, and payment thereof shall be the obligation of the owners of the real property, regardless of occupancy or previous ownership. Failure of the owner to receive any such bill shall not relieve the obligation for payment of the bill.

(d)

Prorated special assessments and service fees shall become delinquent if not paid in full within 30 days after the billing date.

(e)

All prorated special assessments which become delinquent shall constitute, and are hereby imposed as, liens against the applicable improved real property against which the prorated assessment have been imposed. Until fully paid and discharged, or waived by law, such prorated special assessment shall remain a lien equal in rank and dignity with the lien of county ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to, or against the real property involved.

(f)

Such prorated special assessment liens may be recorded in the public records of the county by the board of county commissioners or its authorized representative, at any time after the assessment is created, and may be enforced by the board before, or subsequent to such recording, in any manner provided by law.

(g)

Unpaid prorated assessments shall remain and constitute liens against the improved real property involved until fully paid and discharged or waived by law.

(h)

The initiation of the annual special assessments against the owners of the applicable improved real property shall not extinguish the prior prorated assessment liens, nor relieve the owner from the owner's obligation thereunder.

(i)

All outstanding prorated special assessment liens may be discharged and satisfied by payment to the board or its authorized representative the aggregate amount due for such outstanding prorated special assessments together with accrued collection fees, applicable interest or other additional amount specified by law for penalties and recording costs. When any such lien or liens have been fully paid or discharged, the director shall properly cause evidence of the satisfaction and discharge of such lien and record such satisfaction and discharge in public records of the county. Such lien or liens shall not be assigned by the county to any person.

(j)

For those properties for which liens cannot be placed, collection, recycling, and/or disposal services shall be discontinued, unless otherwise directed by the board of county commissioners.

(Code 1979, § 12-37; Ord. No. 97-25, § 1, 7-22-97; Ord. No. 2002-57, § 5, 11-12-02; Ord. No. 14-03, § 24, 1-28-14)

Editor's note

Ord. No. 14-03, § 24, adopted January 28, 2014, amended § 94-236 to read as set out herein. Previously § 94-236 was titled special assessments prior to initiation of first full year annual special assessments; payment of prorated special assessments; discharge of lien.