(A) Assessment of cost of town correction. When the town has caused at town expense the removal of the condition in violation of this subchapter, the town’s Unified Development Code, or any other code adopted by the town, the actual cost thereof, plus 5% for associated legal expenses in connection therewith shall be charged to the owner of such property as an assessment upon the lot or lots and tract or tracts of land from which such violation is removed. (`82 Code, § 9-8-10)
(B) Recording assessment. The town shall record the assessment in the office of the Gila County Recorder, including the date and amount of the assessment, the legal description of the property and the town as the one imposing the assessment. The priority of the recorded assessment shall be as set forth in state law. A sale of the property to satisfy an assessment obtained under the provision of this section shall be made upon judgment of foreclosure and order of sale. The town shall have the right to bring an action to enforce the assessment in the Superior Court of Gila County at any time after the recording of the assessment, but failure to enforce the assessment by such action shall not affect is validity. The recorded assessment shall be prima facie evidence of the truth of all matters recited therein and the regularity of all proceedings prior to the recording thereof. (`82 Code, § 9-8-11)
(C) Imposition of assessment.
(1) Assessments that are imposed under this section run against the property until paid, and are due and payable in equal annual installments as follows:
(a) Assessments less than $500 shall be paid within one year after the assessment is recorded.
(b) Assessments less than $1,000 shall be paid within two years after the assessment is recorded.
(c) Assessments less than $5,000 shall be paid within three years after the assessment is recorded.
(d) Assessments less than $10,000 shall be paid within six years after the assessment is recorded.
(e) Assessments greater than $10,000 shall be paid within ten years after the assessment is recorded.
(2) An assessment that is past due accrues interest at the rate prescribed by A.R.S. § 44-1201.
(3) A prior assessment for the purposes provided in this section shall not be a bar to a subsequent assessment or assessments for these purposes, and any number of assessments on the same lot or tract of land may be enforced in the same action.
(`82 Code, § 9-8-12) (Ord. 472, passed 7-11-96; Am. Ord. 530, passed 11-12-98; Am. Res. 2796, passed 9-18-14; Am. Ord. 856, passed 9-18-14; Am. Ord. 863, passed 11-20-14)