- § 36-39-1 - Definitions
As used in this chapter, the term: (1) "Frontage" means that side or limit of the lot or parcel of land in question which...
- § 36-39-2 - Adoption of Chapter; Election; Effect of Adoption of Chapter Generally
The governing body of any municipal corporation in this state is authorized to hold an election or elections, at such time and under such...
- § 36-39-3 - Procedure for Improvements; Adoption and Publication of Resolution; Filing of Petition by Landowners; Objections to Improvements
(a) Whenever the governing body deems it necessary to improve any street or part thereof within the limits of the municipal corporation, either in...
- § 36-39-4 - Basis of Assessments for Improvements; Municipal Corporation Owner of Intersecting Streets Fronting Improvement; Payment of Assessments on Frontage
(a) Each lot or parcel of land abutting upon the improvement shall be charged on a basis of lineal foot frontage at an equal...
- § 36-39-5 - Improvements When County Owns Abutting Property
Whenever the abutting landowners of any street of the municipal corporation petition the governing body as set out in subsection (b) of Code Section...
- § 36-39-6 - Paving by Railroad Having Tracks in Street
Any railroad or street railway having tracks located in a street at the time of a proposed improvement shall be required by the governing...
- § 36-39-7 - Payment for Street Improvements and Construction of Water, Gas, and Sewer Connections; Payment of Costs of Connections
Whenever the petition provided for in subsection (b) of Code Section 36-39-3 is presented or when the governing body has determined to improve any...
- § 36-39-8 - Resolution Letting Contract for Improvements Following Time for Protests or Filing of Petition
After the expiration of the time for objection or protest on the part of the property owners, if no sufficient protest is filed, or...
- § 36-39-9 - Work Performed by Municipal Corporation; Property Owners' Objections to Performance of Work by Municipal Corporation
As an alternative to contracting for the improvement, the governing body shall have the right, at its option and in its discretion, to provide...
- § 36-39-10 - Publication and Contents of Notice of Contract Proposals
The notice of the proposals specified in Code Section 36-39-8 shall be published in at least six consecutive issues of a daily paper or...
- § 36-39-11 - Examination of Bids and Award of Contract; Readvertisement for Bids
At the time and place specified in the notice provided for in Code Section 36-39-10, the governing body shall examine all bids received. Without...
- § 36-39-12 - Appointment of Board of Appraisers to Appraise and Apportion Cost
After the contract has been let or after the improvement has been made by the municipal corporation, in the event the governing body elects...
- § 36-39-13 - Filing of Board of Appraisers' Report
Within 30 days from the date of the resolution appointing the board of appraisers, such board shall file with the clerk of the municipal...
- § 36-39-14 - Hearing Upon Board of Appraisers' Report; Review of Report and Objections; Ordinance Fixing Assessments; Taxation of Interest
When the report of the appraisers has been returned and filed, the governing body shall appoint a time for the holding of a session...
- § 36-39-15 - Time and Manner of Payment of Assessments Generally
Assessment in conformity to the appraisal and apportionment as confirmed by the municipal corporation shall be payable to the treasurer of the municipal corporation...
- § 36-39-16 - Payment of Assessment in Installments
If the owner of the land or of any street railway assessed, within 30 days from the passage of the ordinance making the assessment...
- § 36-39-17 - Assessments Where Portion of Costs Paid by Municipal Corporation
When the municipal corporation desires to pay any portion of the cost of the improvements contemplated in this chapter in addition to the amounts...
- § 36-39-18 - Additional Assessments
If any assessment is found to be invalid or insufficient in whole or in part for any reason whatsoever, the governing body may at...
- § 36-39-19 - Publication and Contents of Notice of Due Date of Assessment; Effect of Failure to Publish Notice
It shall be the duty of the treasurer, not less than 30 days and not more than 50 days before the maturity of any...
- § 36-39-20 - Lien for Assessment and Interest
The assessment and each installment thereof, along with the interest thereon and the expense of collection, are declared to be a lien against the...
- § 36-39-21 - Execution, Levy, and Sale on Unpaid Assessments or Interest Generally
It shall be the duty of the treasurer, within 15 days after the date of the maturity of any installment of assessment or interest,...
- § 36-39-22 - Affidavit Contesting Amount of Execution; Trial by Superior Court; Penalties for Delay
The defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution...
- § 36-39-23 - Collection and Use of Assessments Generally; Special Fund; Treasurer's Bond
The assessment provided for and levied under this chapter shall be payable as the several installments become due, together with the interest thereon, to...
- § 36-39-24 - Limitation Period for Contesting or Enjoining Assessments
No action shall be sustained (1) to set aside any assessment, (2) to enjoin the governing body from making, fixing, or collecting the assessment...
- § 36-39-25 - Issuance of Bonds; Payment; Interest; Terms; Form
The governing body, after the expiration of 30 days from the passage of the ordinance confirming and levying the assessment, shall, by resolution, provide...
- § 36-39-26 - Sale of Bonds; Delivery to Contractors
The bonds shall be sold by the governing body at not less than par and the proceeds thereof shall be applied to the payment...
- § 36-39-27 - Disposition of Proceeds From Bonds Remaining After Payment
Any proceeds from the sale of the bonds remaining in the hands of the treasurer after the payment provided for in Code Section 36-39-26...
- § 36-39-28 - Petition for Validation of Ordinance Establishing Assessments; Time; Contents
At any time within 60 days after the assessments are finally determined and fixed, the municipal corporation may file a petition in the superior...
- § 36-39-29 - Order to Show Cause on Petition; Time and Notice of Hearing
At or before the filing of the petition provided for in Code Section 36-39-28, the same shall be presented to the judge of the...
- § 36-39-30 - Conduct of Hearing; Issuance of Order by Court
At the time and place named or at such other time and place as the hearing may be adjourned to, any interested person shall...
- § 36-39-31 - Appeal From Judgment of Court
The municipal corporation or any person appearing who is dissatisfied with the judgment may appeal to the Court of Appeals, as provided in Title
- § 36-39-32 - Conclusiveness of Superior Court's Final Judgment
If the final judgment of the superior court is in favor of the validity of the ordinance and of the liens claimed, the same...
- § 36-39-33 - Entry of Reference to Judgment on Bonds Following Validation; Use of Entry As Evidence
Bonds issued under this chapter after the judgment of the superior court shall have written or stamped thereon the words "Validated and confirmed by...
- § 36-39-34 - Construction of Chapter
This chapter shall not be construed to repeal any special or local law or to affect any proceedings under such law for the making...
Last modified: October 14, 2016