Montana Code 90-4-1307. Assessments
90-4-1307. Assessments. (1) (a) A local government may impose an assessment under a commercial property-assessed capital enhancements program pursuant to a written contract with the record owner of the real property to be assessed.
Terms Used In Montana Code 90-4-1307
- Contract: A legal written agreement that becomes binding when signed.
- Energy conservation project: means the installation or modification of an energy conservation measure or the acquisition, installation, or improvement of a renewable energy system. See Montana Code 90-4-1302
- Governing body: means the legislative authority of a local government. See Montana Code 90-4-1302
- Lien: A claim against real or personal property in satisfaction of a debt.
- Local government: means a county, city, town, or a consolidated city-county. See Montana Code 90-4-1302
- program: means a program established in accordance with this part. See Montana Code 90-4-1302
- Property: means real and personal property. See Montana Code 1-1-205
- Real property: means a privately owned commercial or industrial facility, covered multifamily housing accommodation as defined in 49-2-305(6), or agricultural property. See Montana Code 90-4-1302
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Record owner: means the person or persons possessing the most recent fee title as shown by the records of the county clerk and recorder. See Montana Code 90-4-1302
(b)The term of the assessment may not exceed the useful life of an energy conservation project paid for by the assessment.
(2)Before entering into a contract with a record owner under a program, the local government shall verify that:
(a)delinquent taxes, special assessments, or water or sewer charges are not due on the real property; and
(b)delinquent assessments on the real property under a commercial property-assessed capital enhancements program are not due.
(3)(a) An assessment imposed under a commercial property-assessed capital enhancements program, including any interest on the assessment and any penalty, constitutes a program lien against the real property on which the assessment is imposed from the date of the assessment until the assessment, including any interest or penalty, is paid in full. The lien is for outstanding assessments only, runs with the real property, and has the same priority and status as other property tax and assessment liens.
(b)A governing body has the same rights in the case of delinquency in the payment of an assessment as it does with respect to delinquent property taxes. When the assessment, including any interest and penalty, is paid, the lien must be removed from the real property.
(4)(a) Except as provided in subsection (4)(b), installments of assessments due under a program must be included in each tax bill issued under 15-16-101 and must be collected at the same time and in the same manner as taxes collected under Title 15, chapter 16.
(b)Installments may be billed and collected as provided in a special assessment ordinance of general applicability adopted by a local government.