11-42-501. Assessment constitutes a lien -- Characteristics of an assessment lien.
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/ut/title-11/chapter-42/11-42-501A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/8/2018
11-42-501. Assessment constitutes a lien -- Characteristics of an assessment lien.
(1)If the governing body of the local entity that adopts an assessment resolution or ordinance records the assessment resolution or ordinance and the notice of proposed assessment, in accordance with Section 11-42-206 , in the office of the recorder of the county in which the assessed property is located, each assessment levied under this chapter, including any installment of an assessment, interest, and any penalties and costs of collection, constitutes a political subdivision lien, as that term is defined in Section 11-60-102 , against the property assessed, in accordance with Title 11, Chapter 60, Political Subdivision Lien Authority , and subject to the provisions of this chapter, as of the effective date of the assessment resolution or ordinance.
(2)A lien under this section:
(a)is superior to the lien of a trust deed, mortgage, mechanic's or materialman's lien, or other encumbrances;
(b)has the same priority as, but is separate and distinct from, a lien for general property taxes;
(c)applies without interruption, change in priority, or alteration in any manner to any reduced payment obligations; and
(d)continues until the assessments, reduced payment obligations, and any interest, penalties, and costs are paid, despite:
(i)a sale of the property for or on account of a delinquent general property tax, special tax, or other assessment; or
(ii)the issuance of a tax deed, an assignment of interest by the county, or a sheriff's certificate of sale or deed.
Amended by Chapter 197 , 2018 General Session