Action against property owner to collect assessment




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4892948-929.  Action against property owner to collect assessment

A.  At any time after thirty-five days from the date of the warrant, or, if any objection filed with the board of directors as provided in section 48 928 is denied, at any time after five days from its decision, the contractor may sue the owner of the lot assessed and recover the amount of any assessment remaining unpaid with interest thereon at the rate of eight per cent per annum until paid, and to foreclose the lien of the assessment.

B.  Where personal demand has been made, and the owner has refused to pay the assessment so demanded, the plaintiff may recover a reasonable attorney's fee.

C.  Only one action shall be commenced for the foreclosure of liens arising under a single proceeding against the same defendant.



D.  The warrant, assessment and diagram, with the affidavit of demand and nonpayment, shall be prima facie evidence of the regularity and correctness of the assessment and of the prior proceedings and acts of the superintendent and board of directors, upon which the warrant, assessment and diagram are based, and like evidence of the right of the plaintiff to recover. 48929



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