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All assessments made pursuant to this chapter shall be due and payable without demand within thirty (30) days after final publication of the assessing ordinance. All assessments may at the election of the owner be paid in installments with interest as provided. Failure to pay the whole assessment within the thirty (30) day period shall be conclusively considered and held an election on the part of all persons interested, whether under disability or otherwise, to pay in installments the amount of the assessment then unpaid. All persons so electing to pay in installments shall be conclusively considered and held as consenting to the improvements, and the election shall be conclusively considered and held as a waiver of any and all rights to question the power or jurisdiction of the City to construct or otherwise acquire the improvements, the quality of the work, the regularity or sufficiency of the proceedings or the validity or correctness of the assessment. The owner of any piece of real estate may at any time pay the whole unpaid principal with the interest accrued to the next interest payment date, together with penalties, if any. Subject to these provisions all installments both of principal and interest, shall be payable at times determined in and by the assessing ordinance. (Ord. 2771; 1968 Code §12-78; Ord. 01-42)
A. Payments may be made to the City at any time within thirty (30) days after the final publication of the assessing ordinance, without penalty or the payment of interest. The City shall give notice by one publication in a daily newspaper of general circulation at least twenty (20) days before the end of the thirty (30) day period, of the place of payment and the time for it to close. At the expiration of the thirty (30) day period, the City shall post to the local assessment roll, all payments made to that date with the date of each payment.
B. The assessment roll shall be certified by the City Clerk, who shall deliver the assessment roll to the County Treasurer with a warrant for collection. (Ord. 2771; 1968 Code §12-81; Ord. 90-27; Ord. 01-42; Ord. 11-19)
Failure to pay any installment, whether principal or interest, when due shall cause the whole amount of the unpaid principal to become due and payable immediately, and the whole amount of the unpaid principal and accrued interest shall then draw interest at the rate of one percent (1%) per month or fraction of a month until the day of sale as provided (not exceeding, however, at any time a total interest amount due of 30 percent of the principal amount of the assessment), plus two percent (2%) additional on unpaid principal and accrued interest as penalties, plus costs of collection. At any time prior to the day of sale, the owner may pay the amount of delinquent installments with accrued interest at one percent (1%) per month, or fraction of a month, and all penalties and costs of collection accrued and shall then be restored to the right to pay in installments in the same manner as if default had not been made. (Ord. 2771; 1968 Code §12-79; Ord. 01-42)
In case of election to pay in installments, the assessment shall be payable in not less than two (2) nor more than fifteen (15) substantially equal annual installments, or not less than four (4) nor more than thirty (30) substantially equal semiannual installments, of principal; with interest in all cases on the unpaid principal, payable annually or semiannually at a rate not less than the highest interest rate borne by the bonds of the local improvement district; the number of installments, assessments, the period of payment and the rate of interest may be determined by the Council. Nothing shall be construed as limiting the discretion of the City Council to determine the time the first installment of principal or interest, or both, shall become due. (Ord. 2771; 1968 Code §12-80; Ord. 83-72; Ord. 01-42)
The County Treasurer shall receive payment of all assessments appearing upon the assessment roll with interest and in case of default in the payment of any installment or principal or interest when due, shall advertise and sell any and all property concerning which the default is suffered, for the payment of the whole or the unpaid assessment. The advertisements and sale shall be made at the same time in the same manner, under the same conditions and penalties, and with the same effects as are provided by general law for sale of real estate in default of payment of general taxes 1 . (Ord. 2771; 1968 Code §12-82; Ord. 01-42)
Notes
| 1 | 1. See CRS §39-11-101 et seq., for tax sale procedures. |
All collections made by the County Treasurer upon the assessment roll in any calendar month shall be accounted for and paid over to the City on or before the tenth day of the next succeeding calendar month, with a separate statement for all collections for each improvement. (Ord. 2771; 1968 Code §12-84; Ord. 01-42; Ord. 11-19)
At any sale by the County Treasurer of any property for the purpose of paying any special assessments for local improvements in the City, the Chief Financial Officer and Real Estate Manager, having written authority from the Mayor, may purchase the real estate without paying for the same in cash, and shall receive certificates of purchase in the name of the City. The certificates shall be received and credited at their face value with all interest and penalties accrued by the County Treasurer on account of assessments upon which the sale was made. The certificates may then be sold by the Chief Financial Officer and Real Estate Manager at their face value with all interest and penalties accrued and assigned in the name of the City, and the proceeds credited to the fund created by ordinance for the payment of the assessments, respectively. Any sale or assignment of tax certificates of purchase shall be in accord with the Procedure Manual for the Acquisition and Disposition of Real Property Interests 1 . Assignments shall be without recourse and the sale and assignments shall operate as a lien in favor of the purchasers and assignees as is provided by law in the case of sales of real estate in default of payment for general taxes. (Ord. 2771; 1968 Code §12-85; Ord. 01-42; Ord. 11-19; Ord. 11-21)
Notes
| 1 | 2. See section 7.7.1804 of this Code. |
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