Levying an assessment within an energy assessment area-- Prerequisites.

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  • (1) If a local entity designates an energy assessment area in accordance with this chapter, the local entity may:
    • (a) levy an assessment within the energy assessment area; and
    • (b) collect the assessment by:
      • (i) directly billing the property owner; or
      • (ii) inclusion on a property tax notice issued in accordance with this section and Section 59-2-1317.
  • (2) If a local entity includes an assessment on a property tax notice as described in Subsection (1)(b) and bills for the assessment in the same manner as a property tax, the assessment constitutes a lien, is enforced, and is subject to other penalty provisions, in accordance with this chapter.
  • (3) If a local entity includes an assessment on a property tax notice, the county treasurer shall, on the property tax notice:
    • (a) clearly state that the assessment is for the improvement provided by the local entity; and
    • (b) itemize the assessment separately from any other tax, fee, charge, interest, or penalty that is included on the property tax notice in accordance with Section 59-2-1317.




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