48-2846. Action against property owner to
collect assessment
A. If the owner of a lot, acre or parcel of property that received an assessment
files a request that no bonds be issued against the owner's lot, acre or parcel, at any
time after thirty-five days from the date of the warrant, the district may sue the owner
of the lot, acre or parcel assessed and recover the amount of an assessment remaining
unpaid with interest at the maximum rate specified in the resolution of intention until
paid or foreclose the lien of the assessment.
B. If personal demand has been made and the owner has refused to pay the assessment
so demanded, the district may recover reasonable attorney fees.
C. Only one action shall be brought 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 district to recover.
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