§ 59-2-1317 — Tax notice -- Contents of notice -- Procedures and requirements for providing notice.

(1) As used in this section, "political subdivision lien" means the same as that term is defined in Section 11-60-102.
(2) Subject to the other provisions of this section, the county treasurer shall:
(2)(a) collect the taxes and tax notice charges; and
(2)(b) provide a notice to each taxpayer that contains the following:
(2)(b)(i) the kind and value of property assessed to the taxpayer;
(2)(b)(ii) the street address of the property, if available to the county;
(2)(b)(iii) that the property may be subject to a detailed review in the next year under Section 59-2-303.1;
(2)(b)(iv) the amount of taxes levied;
(2)(b)(v) a separate statement of the taxes levied only on a certain kind or class of property for a special purpose;
(2)(b)(vi) instructions for payment of the taxes and tax notice charges applicable to the property, including the taxpayer's payment options and collection procedures;
(2)(b)(vii) any tax notice charges applicable to the property, including:
(2)(b)(vii)(A) if applicable, a political subdivision lien for road damage that a railroad company causes, as described in Section 10-7-30;
(2)(b)(vii)(B) if applicable, a political subdivision lien for municipal water distribution, as described in Section 10-8-17, or a political subdivision lien for an increase in supply from a municipal water distribution, as described in Section 10-8-19;
(2)(b)(vii)(C) if applicable, a political subdivision lien for unpaid abatement fees as described in Section 10-11-4;
(2)(b)(vii)(D) if applicable, a political subdivision lien for the unpaid portion of an assessment assessed in accordance with Title 11, Chapter 42, Assessment Area Act, or Title 11, Chapter 42a, Commercial Property Assessed Clean Energy Act, including unpaid costs, charges, and interest as of the date the local entity certifies the unpaid amount to the county treasurer;
(2)(b)(vii)(E) if applicable, for a special district in accordance with Section 17B-1-902, a political subdivision lien for an unpaid fee, administrative cost, or interest;
(2)(b)(vii)(F) if applicable, a political subdivision lien for an unpaid irrigation district use charge as described in Section 17B-2a-506;
(2)(b)(vii)(G) if applicable, a political subdivision lien for a contract assessment under a water contract, as described in Section 17B-2a-1007;
(2)(b)(vii)(H) if applicable, a property tax penalty that a public infrastructure district imposes, as described in Section 17D-4-304; and
(2)(b)(vii)(I) if applicable, an annual payment to the Military Installation Development Authority or an entity designated by the authority in accordance with Section 63H-1-501;
(2)(b)(viii) if a county's tax notice includes an assessment area charge, a statement that, due to potentially ongoing assessment area charges, costs, penalties, and interest, payment of a tax notice charge may not:
(2)(b)(viii)(A) pay off the full amount the property owner owes to the tax notice entity; or
(2)(b)(viii)(B) cause a release of the lien underlying the tax notice charge;
(2)(b)(ix) if applicable, the annual payment described in Subsection 63H-1-501(4)(a);
(2)(b)(x) the date the taxes and tax notice charges are due;
(2)(b)(xi) the street address or website at which the taxes and tax notice charges may be paid;
(2)(b)(xii) the date on which the taxes and tax notice charges are delinquent;
(2)(b)(xiii) the penalty imposed on delinquent taxes and tax notice charges;
(2)(b)(xiv) a statement that explains the taxpayer's right to direct allocation of a partial payment in accordance with Subsection (9);
(2)(b)(xv) other information specifically authorized to be included on the notice under this chapter;
(2)(b)(xvi) other property tax information approved by the commission; and
(2)(b)(xvii) if sent in calendar year 2024, 2025, or 2026:
(2)(b)(xvii)(A) notice that the taxpayer may request electronic notice as described in Subsection 17-71-302(1)(m); and
(2)(b)(xvii)(B) instructions describing how to elect to receive a notice as described in Subsection 17-71-302(1)(m).
(3) (3)(a) Unless expressly allowed under this section or another statutory provision, the treasurer may not add an amount to be collected to the property tax notice.
(3)(b) If the county treasurer adds an amount to be collected to the property tax notice under this section or another statutory provision that expressly authorizes the item's inclusion on the property tax notice:
(3)(b)(i) the amount constitutes a tax notice charge; and
(3)(b)(ii) (3)(b)(ii)(A) the tax notice charge has the same priority as property tax; and
(3)(b)(ii)(B) a delinquency of the tax notice charge triggers a tax sale, in accordance with Section 59-2-1343.
(4) For any property for which property taxes or tax notice charges are delinquent, the notice described in Subsection (2) shall state, "Prior taxes or tax notice charges are delinquent on this parcel."
(5) Except as provided in Subsection (6), the county treasurer shall:
(5)(a) mail the notice required by this section, postage prepaid; or
(5)(b) leave the notice required by this section at the taxpayer's residence or usual place of business, if known.
(6) (6)(a) Subject to the other provisions of this Subsection (6), a county treasurer may, at the county treasurer's discretion, provide the notice required by this section by electronic mail if a taxpayer makes an election, according to procedures determined by the county treasurer, to receive the notice by electronic mail.
(6)(b) A taxpayer may revoke an election to receive the notice required by this section by electronic mail if the taxpayer provides written notice to the treasurer on or before October 1.
(6)(c) A revocation of an election under this section does not relieve a taxpayer of the duty to pay a tax or tax notice charge due under this chapter on or before the due date for paying the tax or tax notice charge.
(6)(d) A county treasurer shall provide the notice required by this section using a method described in Subsection (5), until a taxpayer makes a new election in accordance with this Subsection (6), if:
(6)(d)(i) the taxpayer revokes an election in accordance with Subsection (6)(b) to receive the notice required by this section by electronic mail; or
(6)(d)(ii) the county treasurer finds that the taxpayer's electronic mail address is invalid.
(6)(e) A person is considered to be a taxpayer for purposes of this Subsection (6) regardless of whether the property that is the subject of the notice required by this section is exempt from taxation.
(7) (7)(a) The county treasurer shall provide the notice required by this section to a taxpayer on or before November 1.
(7)(b) The county treasurer shall keep on file in the county treasurer's office the information set forth in the notice.
(7)(c) The county treasurer is not required to mail a tax receipt acknowledging payment.
(8) This section does not apply to property taxed under Section 59-2-1302 or 59-2-1307.
(9) (9)(a) A taxpayer who pays less than the full amount due on the taxpayer's property tax notice may, on a form provided by the county treasurer, direct how the county treasurer allocates the partial payment between:
(9)(a)(i) the total amount due for property tax;
(9)(a)(ii) the amount due for assessments, past due special district fees, and other tax notice charges; and
(9)(a)(iii) any other amounts due on the property tax notice.
(9)(b) The county treasurer shall comply with a direction submitted to the county treasurer in accordance with Subsection (9)(a).
(9)(c) The provisions of this Subsection (9) do not:
(9)(c)(i) affect the right or ability of a local entity to pursue any available remedy for non-payment of any item listed on a taxpayer's property tax notice; or
(9)(c)(ii) toll or otherwise change any time period related to a remedy described in Subsection (9)(c)(i).

Legislative History

Amended by Chapter 17, 2025 Special Session 1