10-7-30. Failure to pay for repairs — Lien on company’s property.
(1)
In the event of the refusal of any company to pave, repave, or repair as required in this section when so directed, upon the paving or repaving of any street upon which the company’s track is laid, the municipality may:
Terms Used In Utah Code 10-7-30
Lien: A claim against real or personal property in satisfaction of a debt.
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Municipality: means :
(a)
a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
collect the cost and expense of the paving, repaving, or repairing by levy and sale of any property of the company in the same manner as special taxes are collected.
(2)
The municipality may levy special taxes, for the purpose described in Subsection (1)(b) or repairing of the railway, upon:
(a)
all as one property:
(i)
the track, including the ties, iron, roadbed, right of way, sidetracks, and appurtenances; and
(ii)
buildings and real estate belonging to the company and used for the purpose of the railway business; or
(b)
the parts of the track, appurtenances, and property as may be within the district paved, repaved, macadamized, or repaired.
Any mortgage, conveyance, pledge, transfer, or encumbrance of the property or of any rolling stock or personal property of the company that the company creates or suffers is subject to the lien.
(c)
If the lien amount is not paid in full in a given year:
(i)
by September 15, the municipality shall certify any unpaid amount to the treasurer of the county in which the liened property is located; and
(ii)
the county treasurer shall include the certified amount on the property tax notice required by Section 59-2-1317 for that year.
