11-42a-203.  Levying an assessment within an energy assessment area– Prerequisites.

(1)  If a local entity designates an energy assessment area in accordance with this chapter, the local entity may:

Terms Used In Utah Code 11-42A-203

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)  levy an assessment within the energy assessment area; and

(b)  collect the assessment by:

(i)  directly billing the property owner; or

(ii)  inclusion on a property tax notice issued in accordance with this section and Section 59-2-1317.

(2)  If a local entity includes an assessment on a property tax notice as described in Subsection (1)(b) and bills for the assessment in the same manner as a property tax, the assessment constitutes a lien, is enforced, and is subject to other penalty provisions, in accordance with this chapter.

(3)  If a local entity includes an assessment on a property tax notice, the county treasurer shall, on the property tax notice:

(a)  clearly state that the assessment is for the improvement provided by the local entity; and

(b)  itemize the assessment separately from any other tax, fee, charge, interest, or penalty that is included on the property tax notice in accordance with Section 59-2-1317.

Enacted by Chapter 470, 2017 General Session