48-2059. Action against property owner to collect assessment
A. If the district chooses not to issue bonds, or fails to issue bonds on completion of the work, at any time after thirty-five days from the date of the warrant or, if any objection filed with the board as provided in section 48-2058 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 an assessment remaining unpaid with interest at the rate of eight per cent per annum until paid or foreclose the lien of the assessment.
B. If the district chooses not to issue bonds, or fails to issue bonds on the completion of the work, and if personal demand has been made and the owner has refused to pay the assessment so demanded, the plaintiff may recover reasonable attorney fees.
C. Only one action shall be begun to foreclose liens arising under a single proceeding against the same defendant.
D. The warrant, assessment and diagram, with the affidavit of demand and nonpayment, are prima facie evidence of the regularity and correctness of the assessment and of the prior proceedings and acts of the board on which the warrant, assessment and diagram are based and are also evidence of the right of the plaintiff to recover.
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