48-2059. Action against property owner to
collect assessment
A. If the district chooses not to issue bonds, or fails to issue bonds on
completion of the work, at any time after thirty-five days from the date of the warrant
or, if any objection filed with the board as provided in section 48-2058 is denied, at
any time after five days from its decision, the contractor may sue the owner of the lot
assessed and recover the amount of an assessment remaining unpaid with interest at the
rate of eight per cent per annum until paid or foreclose the lien of the assessment.
B. If the district chooses not to issue bonds, or fails to issue bonds on the
completion of the work, and if personal demand has been made and the owner has refused to
pay the assessment so demanded, the plaintiff may recover reasonable attorney fees.
C. Only one action shall be begun to foreclose liens arising under a single
proceeding against the same defendant.
D. The warrant, assessment and diagram, with the affidavit of demand and
nonpayment, are prima facie evidence of the regularity and correctness of the assessment
and of the prior proceedings and acts of the board on which the warrant, assessment and
diagram are based and are also evidence of the right of the plaintiff to recover.
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