(a) Any portion of an assessment that is not paid within 30 days after publication of the notice that the assessment roll has been confirmed shall bear interest until paid at a rate to be fixed in the assessment resolution but not more than eight percent (8%) per annum.
(b) If any installment of an assessment is not paid on or before the due date, all of the installments remaining unpaid shall immediately become due and payable, unless the council waives acceleration. The council may waive acceleration and permit the property owner to pay all installments in arrears together with interest due thereon and the cost to the city of attempting to obtain payment. If this is done, the remaining installments shall be reinstated so that they fall due as if there had been no default. Waiver of acceleration and reinstatement of future installments may be done at any time before foreclosure proceedings have been instituted.
(c) Assessment liens may be foreclosed under any procedure prescribed by law for the foreclosure of property tax liens, except that lien sales and lien sale certificates shall not be required, and foreclosure may be begun at any time after 30 days after the due date. The city shall not be entitled to a deficiency judgment in an action to foreclose an assessment lien. The lien of special assessments shall be inferior to all prior and subsequent liens for State, local, and federal taxes, and superior to all other liens.
(d) No city may maintain an action or proceeding to enforce any remedy for the foreclosure of special assessment liens unless the action or proceeding is begun within 10 years from the date that the assessment or the earliest installment thereof included in the action or proceeding became due. Acceleration of installments under subsection (b) shall not have the effect of shortening the time within which foreclosure may be begun, but in that event the statute of limitations shall continue to run as to each installment as if acceleration had not occurred. (1915, c. 56, s. 11; C.S., s. 2717; 1923, c. 87; 1929, c. 331, s. 1; 1971, c. 698, s. 1.)
Notes of Decisions
City of Durham v. Herndon, 300 S.E.2d 460 (N.C. Ct. App. 1983).
“105-366 allows tax collectors to proceed against the taxpayer’s personal property to enforce collection of property taxes. G.S. 105-368(a) permits attachment of “other compensation .”
Guilford Cnty. v. Boyand, 257 S.E.2d 463 (N.C. Ct. App. 1979).
· cites it 12× “The procedure for foreclosure of assessment liens is prescribed by G.S. 160A-233(c) which provides: “Assessment liens may be foreclosed under any procedure prescribed by law for the foreclosure of property tax liens .”
Da Dai Mai v. Carolina Holdings, Inc., 696 S.E.2d 769 (N.C. Ct. App. 2010).
· cites it 2× “” N.C. Gen. Stat. § 160A-233(c) (2009). The relevant tax lien foreclosure procedures are set forth below: [t]he tax collector filing the certificate [showing the name of the taxpayer for each parcel on which the taxing unit has a lien for unpaid taxes, together with the amount…”
City of Greensboro v. Harris, 219 S.E.2d 537 (N.C. Ct. App. 1975).
“(G.S. 160A-233 (a)). Judgment is hereby modified to allow plaintiff to recover interest at the rate of six percent per annun from 29 June 1969 to 8 April 1975.”
— N.C. Gen. Stat. § 160A-233(c) — 3 cases
City of Durham v. Herndon, 300 S.E.2d 460 (N.C. Ct. App. 1983).
“105-366 allows tax collectors to proceed against the taxpayer’s personal property to enforce collection of property taxes. G.S. 105-368(a) permits attachment of “other compensation .”
Da Dai Mai v. Carolina Holdings, Inc., 696 S.E.2d 769 (N.C. Ct. App. 2010).
“” N.C. Gen. Stat. § 160A-233(c) (2009). The relevant tax lien foreclosure procedures are set forth below: [t]he tax collector filing the certificate [showing the name of the taxpayer for each parcel on which the taxing unit has a lien for unpaid taxes, together with the amount…”
Guilford Cnty. v. Boyand, 257 S.E.2d 463 (N.C. Ct. App. 1979).
“The procedure for foreclosure of assessment liens is prescribed by G.S. 160A-233(c) which provides: “Assessment liens may be foreclosed under any procedure prescribed by law for the foreclosure of property tax liens .”
— N.C. Gen. Stat. § 160A-233(d) — 1 case
Guilford Cnty. v. Boyand, 257 S.E.2d 463 (N.C. Ct. App. 1979).
“The procedure for foreclosure of assessment liens is prescribed by G.S. 160A-233(c) which provides: “Assessment liens may be foreclosed under any procedure prescribed by law for the foreclosure of property tax liens .”
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