Utah Code 11-42-207. Adding property to an assessment area

11-42-207. Adding property to an assessment area.

(1)

A local entity may add to a designated assessment area property to be benefitted and assessed if the governing body:

Terms Used In Utah Code 11-42-207

Assessment area: means an area, or, if more than one area is designated, the aggregate of all areas within a local entity's jurisdictional boundaries that is designated by a local entity under 2, for the purpose of financing the costs of improvements, operation and maintenance, or economic promotion activities that benefit property within the area. See Utah Code 11-42-102
Benefitted property: means property within an assessment area that directly or indirectly benefits from improvements, operation and maintenance, or economic promotion activities. See Utah Code 11-42-102
Designation resolution: means a resolution adopted by a local entity under Section 11-42-206 designating an assessment area. See Utah Code 11-42-102
Governing body: means :

(a)	for a county, city, or town, the legislative body of the county, city, or town;

(b)	for a special district, the board of trustees of the special district;

(c)

for a special service district:

(i)	the legislative body of the county, city, or town that established the special service district, if no administrative control board has been appointed under Section 17D-1-301; or

(ii)	the administrative control board of the special service district, if an administrative control board has been appointed under Section 17D-1-301;

(d)	for the military installation development authority created in Section 63H-1-201, the board, as defined in Section 63H-1-102;

(e)	for the Utah Inland Port Authority, created in Section 11-58-201, the board, as defined in Section 11-58-102; and

(f)

for a public infrastructure district, the board of the public infrastructure district as defined in Section 17D-4-102. See Utah Code 11-42-102

Local entity: means :

(a)	a county, city, town, special service district, or special district;

(b)	an interlocal entity as defined in Section 11-13-103;

(c)	the military installation development authority, created in Section 63H-1-201;

(d)	a public infrastructure district under Title 17D, Chapter 4, Public Infrastructure District Act, including a public infrastructure district created by a development authority;

(e)	the Utah Inland Port Authority, created in Section 11-58-201; or

(f)	any other political subdivision of the state. See Utah Code 11-42-102 Property: includes real property and any interest in real property, including water rights and leasehold rights. See Utah Code 11-42-102 Voluntary assessment area: means an assessment area that contains only property whose owners have voluntarily consented to an assessment. See Utah Code 11-42-102
(a)	finds that the inclusion of the property will not adversely affect the owners of property already in the assessment area;

(b)

obtains from each owner of property to be added and benefitted a written consent that contains:

(i)

the owner’s consent to:

(A)	the owner’s property being added to the assessment area; and

(B)	the making of the proposed improvements with respect to the owner’s property;

(ii)	if the assessment area to which the local entity seeks to add property is a voluntary assessment area, the items described in Subsection 11-42-202(1)(l);

(iii)

the legal description and tax identification number of the property to be added; and

(iv)	the owner’s waiver of any right to protest the creation of the assessment area;

(c)	amends the designation resolution or ordinance to include the added property; and

(d)

within 15 days after amending the designation resolution or ordinance:

(i)

records in the office of the recorder of the county in which the added property is located the original or certified copy of the amended designation resolution or ordinance containing the legal description and tax identification number as identified on county records of each additional parcel of property added to the assessment area and proposed to be assessed; and

(ii)	gives written notice to the property owner of the inclusion of the owner’s property in the assessment area.

(2)

(a)

If a governing body fails to comply with the requirements of Subsection (1)(d)(i):

(i)	the failure does not invalidate the amended designation resolution or ordinance; and

(ii)

the local entity may not assess a levy against a subsequent purchaser of a benefitted property that lacked recorded notice unless:

(A)	the subsequent purchaser gives written consent;

(B)	the subsequent purchaser has actual notice of the assessment levy; or

(C)	the subsequent purchaser purchased the property after a corrected notice was filed under Subsection (2)(c).

(b)	The governing body may file a corrected notice under Subsection (1)(d)(i) if it failed to comply with the date or other requirements for recording notice of the amended designation resolution or ordinance.

(c)	If a governing body has filed a corrected notice under Subsection (2)(b), the local entity may not retroactively collect or adjust the amount of the levy to recapture lost funds for a levy that the local entity was prohibited from collecting, if applicable, under Subsection (2)(a).

(d)	A local entity shall pay for a shortfall in assessment funds created under Subsection (2)(a) or (c) from the local entity’s general fund and not by increasing or adjusting the assessment of any other property within the assessment area.

(3)

Except as provided in this section, a local entity may not add to an assessment area property not included in a notice under Section 11-42-202, or provide for making improvements that are not stated in the notice, unless the local entity gives notice as provided in Section 11-42-202 and holds a hearing as required under Section 11-42-204 as to the added property or additional improvements.

Amended by Chapter 85, 2016 General Session

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