§ 11-54B-48 — Collection of Special Assessment

(a) The self-help business improvement district ordinance adopted by the municipality pursuant to Section 11-54B-46 shall provide that the special assessment levied on the owners of the real property located within the geographical area of the district shall be collected by the district management corporation, by the offices of the municipal revenue department, or by the offices of the revenue commissioner, who may be compensated for the service. Except in the case of an assessment against a designated class of business, the ordinance shall also provide that the amount of any outstanding special assessment levied on a parcel of real property, together with any accrued interest and penalties, shall constitute a lien on the property. The lien shall take precedence over all other liens, whether created prior or subsequent to the date of the special assessment, except a lien for any of the following:
(1) State, county, or municipal taxes.
(2) A prior special assessment.
(3) A prior recorded mortgage, deed of trust, or similar security instrument.
(b) Other than foreclosures for state, county, or municipal taxes, a prior special assessment, or a prior recorded mortgage, deed of trust, or similar security instrument, the lien for the special assessment shall not be defeated or postponed by any private or judicial sale, or by any mortgage, deed of trust, or similar security instrument recorded subsequent to the date of final adoption by the municipality of the self-help business improvement district ordinance. No error in the proceeding of the governing body of the municipality or of the board of directors of the district management corporation shall exempt any real property from the lien or from payment thereof.

Legislative History

(Act 2004-382, p. 626, §9; Act 2019-200, §2.)