§ 11-54B-87 — Collection of Special Assessment

Alabama § 11-54B-87

• Jurisdiction: Alabama
• Title 11: Counties and Municipal Corporations
• Ch. 54B: Self-Help Business Improvement Districts
• Art. 3: Self-Help Business Improvement Districts in Class 3 Municipalities

Text

(a) The special assessment to be levied in order to fund supplemental services in the self-help business improvement district shall be collected by the district management corporation or the municipal revenue department.
(b) The ordinance adopted by the governing body of the municipality establishing the district shall include, in addition to the requirements of Section 11-54B-86, a notice that contains both of the following:
(1) A statement that the amount of any delinquent special assessment levied on a district member, together with any accrued interest and penalties, shall be a lien on the real property or business in a particular class with priority over all other liens, whether created before or after the date of the special assessment, except a lien for any of the following:
a. State, county, or municipal taxes.
b. A prior special assessment.
c. A prior recorded mortgage, deed of trust, or similar security instrument.
(2) A statement that except for 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 after the date of final adoption by the municipality of the self-help business improvement district ordinance.
(c) Any defect in the proceeding of the governing body of the municipality or of the board of directors of the district management corporation shall not exempt any owner of real property or business in the particular class from the lien or from payment thereof.

Legislative History

(Act 2023-253, §1.)