A. A Special Assessment shall constitute a tax lien on the property, which shall be effective during the period in which the assessment is imposed and shall have priority over all other liens except liens for ad valorem property taxes; provided that only the delinquent portion of such special assessment shall have priority to liens for a first lien mortgage, as provided in subsection B. of this Section.
B. In the event a scheduled payment of the special assessment is not paid when due, the amount of the scheduled payment, late fees, and collection costs for the payment, and only those amounts, shall have priority over a first lien mortgage. Payment of an obligation created under the Renewable Energy Financing District Act shall not accelerate for any reason, including late payments, and the property shall not be subject to an enforceable accelerated claim or lien superior to a first lien mortgage for the any portion of the obligation not yet scheduled to be due and payable, except as provided in subsection C. of this Section. In the event of a foreclosure, only the amount of due and unpaid scheduled payments, late fees, and collection costs for the due and unpaid payment shall have priority, and the remaining balance of the special assessment with all remaining interest and fees shall remain to be paid by future assessments until paid in full. Future payment obligations associated with a renewable energy improvement special assessment shall survive foreclosure by a first lien holder or junior lien holder if the proceeds from such foreclosure do not satisfy such future obligations. The amount of the scheduled payment may be changed to provide for full collection of all amounts within the term originally agreed upon.
C. Notwithstanding anything to the contrary in subsections A. and B. of this Section, in the event that a property encumbered by a special assessment is condemned in whole or part for public purposes, or be substantially damaged or destroyed by fire or other casualty, or should the renewable energy improvements be substantially damaged or destroyed by fire or other casualty, the remaining unpaid balance of the special assessment, including interest accrued to date, shall be due and payable.
D. There shall be no terms or conditions in the special assessment that limit the right of the owner to transfer property encumbered by a special assessment; provided, however, that property shall remain encumbered by the special assessment until such time as the obligation related to the special assessment is paid in full. (Ord. 2018-2, 9-4-2018)