§ 90-4-1307 — Assessments

90-4-1307 . Assessments. (1) (a) A local government may impose an assessment under a commercial property-assessed capital enhancements program pursuant to a written contract with the record owner of the real property to be assessed.
(b) The term of the assessment may not exceed the useful life of an energy conservation project or public safety and resiliency improvement project paid for by the assessment.
(2) Before entering into a contract with a record owner under a program, the local government shall verify that:
(a) delinquent taxes, special assessments, or water or sewer charges are not due on the real property; and
(b) delinquent assessments on the real property under a commercial property-assessed capital enhancements program are not due.
(3) (a) An assessment imposed under a commercial property-assessed capital enhancements program, including any interest on the assessment and any penalty, constitutes a program lien against the real property on which the assessment is imposed from the date of the assessment until the assessment, including any interest or penalty, is paid in full. The lien is for outstanding assessments only, runs with the real property, and has the same priority and status as other property tax and assessment liens.
(b) A governing body has the same rights in the case of delinquency in the payment of an assessment as it does with respect to delinquent property taxes. When the assessment, including any interest and penalty, is paid, the lien must be removed from the real property.
(4) (a) Except as provided in subsection (4)(b), installments of assessments due under a program must be included in each tax bill issued under 15-16-101 and must be collected at the same time and in the same manner as taxes collected under Title 15, chapter 16.
(b) Installments may be billed and collected as provided in a special assessment ordinance of general applicability adopted by a local government.

Legislative History

En. Sec. 7, Ch. 444, L. 2021; amd. Sec. 5, Ch. 406, L. 2025.