Arizona Laws 48-929. Action against property owner to collect assessment
A. At any time after thirty-five days from the date of the warrant, or, if any objection filed with the board of directors as provided in section 48-928 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 any assessment remaining unpaid with interest thereon at the rate of eight per cent per annum until paid, and to foreclose the lien of the assessment.
Terms Used In Arizona Laws 48-929
- 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.
- Contractor: includes personal representatives or assignee of the contractor. See Arizona Laws 48-901
- 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.
- 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.
- Lot: includes any portion, piece, parcel or subdivision of land, but not property owned or controlled by any person as a railroad right of way. See Arizona Laws 48-901
- Owner: means the person in whom legal title appears by recorded deed, or the person in possession under claim or title, or the person exercising acts of ownership for himself or as the personal representative of the owner, including the boards of trustees of school districts and the boards of education of high school districts owning property within the proposed improvement district. See Arizona Laws 48-901
- Plaintiff: The person who files the complaint in a civil lawsuit.
- superintendent: means a county employee designated by the board of supervisors to perform the duties of street superintendent for all the districts organized under this article in any county. See Arizona Laws 48-901
B. Where personal demand has been made, and the owner has refused to pay the assessment so demanded, the plaintiff may recover a reasonable attorney’s fee.
C. Only one action shall be commenced for the foreclosure of liens arising under a single proceeding against the same defendant.
D. The warrant, assessment and diagram, with the affidavit of demand and nonpayment, shall be prima facie evidence of the regularity and correctness of the assessment and of the prior proceedings and acts of the superintendent and board of directors, upon which the warrant, assessment and diagram are based, and like evidence of the right of the plaintiff to recover.