§ 78-107. Assessment liens.

(a)

The payment of the amount assessed under an assessment ordinance, including each installment thereof, the interest thereon and any penalties and collection costs shall be secured by an assessment lien upon the tract assessed from the effective date of the assessment ordinance.

(b)

Each such lien upon each tract assessed shall be:

(1)

Subordinate and junior to any lien thereon for any general (ad valorem) taxes, whether prior in time or not;

(2)

Prior and superior to any assessment lien thereon subsequently levied by the city or by any public body;

(3)

Subordinate and junior to any assessment lien thereon theretofore levied by the city or by any public body; and

(4)

Prior and superior to all liens, claims, mortgages, other encumbrances and titles other than the liens of assessments and general taxes; and all purchasers, mortgagees or encumbrances of any such tract shall hold the same subject to such lien so created, whether prior in time or not.

(c)

Each such assessment lien shall continue as to unpaid installments, principal, interest and any penalties and costs until such assessments, the principal thereof, interest thereon and any penalties and costs appertaining thereto shall be fully paid, unless terminated by the foreclosure of any prior and superior lien on the tract assessed; but unmatured installments shall not be deemed to be within the terms of any general covenant or warranty.

(d)

No statute of limitations shall begin to run against any assessment nor the assessment lien to secure its payment until after the last installment of principal thereof shall become due.

(e)

The city may use any available funds or moneys for the satisfaction of any lien prior in right to any special assessment lien created by the city.

(f)

In the resale of any property to which the city has so acquired title, the city shall use its best efforts to sell the property for an amount at least equal to the funds or moneys so used plus the amount necessary to satisfy the special assessment lien created by the city, principal, interest, penalties and collection costs.

(g)

The moneys received from such a resale in payment for the property shall be used first to satisfy such special assessment lien and thereafter to restore to the fund from which any such prior lien were satisfied and the moneys used therefor.

(h)

The city is authorized to acquire and to dispose of property on which there are delinquent taxes or special assessments, or both.

(Code 1981, § 27-108; Ord. No. 551, § 48, 5-14-1964)

State law reference

Assessment a lien, C.R.S. § 31-25-522; sale of property for nonpayment of assessments, C.R.S. § 31-25-531.