48-2069. List of delinquent installments;
publication of notice; sale of delinquent property
A. The board, within twenty days from the date of the delinquency, shall
begin the publication of the list of the assessments on which any installment is
delinquent. The list shall contain a description of each parcel of property and,
opposite each description, the name of the owner as stated in the assessment or, if no
name is stated in the assessment, the word "unknown" and the amount of the installment
delinquent, together with the penalty and costs due, including the cost of advertising.
B. The board shall attach to and publish with the list a notice that unless each
delinquent installment, and the penalty and costs on the installment, is paid, the whole
amount of the assessment will be declared due and the property on which the assessment is
a lien will be sold at public auction at a time and place to be specified in the
notice. The publication shall be circulated in the sanitary district for a period of ten
days in a daily newspaper, or for two weeks in a weekly newspaper so published and
circulated. If published in a daily newspaper, publication shall be made in two issues
for the paper, and eight days shall intervene between the first and last publication.
C. Before the date fixed for the sale or before the date to which the sale has been
postponed, the district board shall obtain a record search that shows the names and
addresses of record of all lien claimants on, and other persons with an interest in, all
lots or parcels on which an installment of the assessment is delinquent. The cost of a
record search may be added to the assessment and is deemed to be a portion of the
delinquent installment.
D. At least ten days before the sale date or the date to which the sale has been
postponed, the district shall cause to be mailed a notice of the date and place of the
sale or postponed sale to the owner and to each of the lien claimants and other persons
with an interest as shown by the search of records. The notice shall state the date of
the sale, the amount of the delinquent installments including penalties, costs of
advertisement and costs of the record search, shall state either that the whole amount of
the assessment and costs and penalties or, if the district has provided for the sale of
the amount of the delinquent assessment, that the amount then delinquent plus interest,
penalties and costs are due at the time of the sale and shall state that, unless redeemed
within the time allowed by law, the district's deed will be delivered to the purchaser
and the district's deed shall convey title to the lands described therein free and clear
of all interests and liens except liens for general property taxes and prior special
assessments.
E. A final sale may not be held unless the district has provided notice by mail as
prescribed by this section to all lien claimants and others with an interest discovered
in the search of records. The mailing may occur either before the date originally set for
the sale or before the date of any postponed sale, and only one mailing and one record
search are required.
F. The time of the sale shall not be fewer than five days after the last
publication. The place of sale shall be in or in front of the office of the district or
in or in front of the usual place of meeting of the board. The sale may be postponed.
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