Arizona Laws 48-4980. Liens for delinquent assessments
A. If not paid by the due date specified by the district, the replenishment assessment imposed by this chapter constitutes a lien on the parcel of water district member land against which the unpaid assessment was levied.
Terms Used In Arizona Laws 48-4980
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- District: means an active management area water district established under this chapter. See Arizona Laws 48-4801
- 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.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Parcel of water district member land: means any portion of water district member land for which the county assessor for the county in which the water district member land is located has issued a separate tax parcel number. See Arizona Laws 48-4801
- Property: includes both real and personal property. See Arizona Laws 1-215
- Water district member land: means any real property that meets the requirements of section 48-4975. See Arizona Laws 48-4801
B. On delinquency, the district shall notify the owner of the parcel of water district member land that the district will file a lien on the parcel of water district member land unless the past due assessment is paid.
C. If the delinquent replenishment assessment is not paid, the district shall prepare a notice and claim of lien and shall file the lien with the county recorder of the county in which the parcel of water district member land is located. The notice shall contain the following:
1. A description of the parcel sufficient for identification.
2. The name of the record owner of the property.
3. The amount owed.
D. When the lien is filed, the cost of preparing, processing and releasing the lien shall be added to the amount due.
E. From and after the date of recording in the office of the county recorder, the lien attaches to the parcel of water district member land until paid. A sale of the parcel to satisfy the lien shall be made on judgment of foreclosure and order of sale. The district may bring an action to enforce the lien in superior court at any time after its recording, but failure to enforce the lien by such action does not affect its validity. The recorded notice and claim of lien are prima facie evidence of the truth of all recited matters and the regularity of all proceedings before recording the lien.
F. A prior recording for the purposes provided in this section is not a bar to the subsequent recording of a lien for such purposes, and any number of such liens on the same parcel of water district member land may be enforced in the same action.