Oklahoma § 69-1327 - Enforcement of assessment

§ 69-1327. Enforcement of assessment

(a) The holder of any improvement bond issued under the

provisions of this article shall have the right to institute, in the

name of the city or county issuing such bond, an action in the

district court of the county in which such property is located to

foreclose the lien of such assessment whenever the assessment or any

installment thereof is delinquent at least for a period of twelve

(12) months. Such petition shall state generally the ownership of

the bond, describe the property assessed, the nature of the

improvement, the amount of the unpaid delinquent assessment and

Oklahoma Statutes - Title 69. Roads, Bridges, and Ferries

penalty thereon at the rate of twelve percent (12%) per annum, and

shall pray for the foreclosure of the lien.

(b) Summons shall be issued on such petition as in other civil

actions and the cause tried by the district court. Judgment may be

entered thereon for the amount of such unpaid assessment or

installment, together with interest thereon at the rate of twelve

percent (12%) per annum from the date the assessment or installment

was due and payable up to the time of the institution of such action

and for the sum of six percent (6%) interest on the judgment from

the time of the institution of the action until the judgment is

paid.

(c) In the event the judgment, together with interest and costs,

is not paid within six (6) months after the date of the rendition

thereof, an order of sale shall issue by the clerk of the court,

directed to the sheriff of the county, to sell the real estate in

manner and form as in case of sale of real estate under execution.

The judgment shall carry the costs of the action, together with the

costs of the sale; and upon the payment of the judgment, the amount

thereof exclusive of such costs shall be paid to the city or county

treasurer, as appropriate, and become a part of the separate,

special fund to pay such outstanding bonds and interest thereon.

The judgment shall provide for the sale of the real estate subject

to existing general or ad valorem taxes and assessments. All owners

or incumbrancers shall be made parties defendant in the suit. Upon

the institution of an action to collect delinquent and unpaid

assessments in any district against property liable therefor, no

other or further action shall be instituted and maintained to

collect such delinquent assessment against the property for the

year. No statute of limitation shall commence to run until one (1)

year after the maturity of the last installment of the assessment.

Laws 1968, c. 415, § 1327, operative July 1, 1968.