(1) The approval by the district of a program application shall establish the qualified applicant who submitted the application as a district member, include the qualified applicant's eligible real property within the boundaries of the district, entitle the district member to reimbursement or a direct payment, and, subject to the provisions of subsection (3) of this section, constitute the consent of the district member to the levying of a special assessment on the district member's eligible real property in an amount that does not exceed the value of: (a) The special benefit provided to the eligible real property by the new energy improvement; or (b) The eligible real property. (2) For the purpose of determining the amount of the special assessment to be levied on a particular unit of eligible real property within the district, "special benefit" includes, but is not limited to: (a) Repealed. (b) Any cost of completing a new energy improvement that is defrayed by reimbursement or a direct payment; and (c) Repealed. (d) Any acknowledged value of a new energy improvement to a district member's eligible real property set forth in the program application submitted by the district member. (3) (a) The district may levy a special assessment against eligible real property specially benefited by a new energy improvement based on the cost to the district of the new energy improvement. The district shall initiate the levy of any special assessment by the adoption of a resolution of the board that sets the special assessment and approves the preparation of a preliminary special assessment roll. The district shall prepare a preliminary special assessment roll listing all special assessments to be levied. After the district completes the special assessment roll, the district shall send a notice of assessment to: (I) Each district member at the postal address or electronic mail address, or both if both are specified, specified in the member's program application; and (II) Each person, by first-class mail or electronic mail, who has a lien against a unit of eligible real property listed on the assessment roll. (b) The notice required by subsection (3)(a) of this section must specify: (I) The amount of the special assessment to be levied on the unit of eligible real property owned by the district member or subjected to a lien by the lienholder to whom the notice is sent; and (II) and (III) (Deleted by amendment, L.2023.) (IV) That the special assessment, together with all interest thereon, penalties for default in the payment thereof, and associated collection costs constitutes a lien in accordance with section 32-20-107. (c) (Deleted by amendment, L.2023.) (4) The board shall prepare or cause to be prepared a district special assessment roll in book form showing for each unit of eligible real property assessed, the total amount of special assessment, the amount of each installment of principal and interest if the special assessment is payable in installments, and the date when each installment will become due. The board shall deliver the special assessment roll, duly certified, under the corporate seal, for collection to the treasurer of each county in which the district has assessed eligible real property no later than December 1 of each year. (5) All special assessments shall be due at the same time as and payable in the same manner as property taxes, as specified in section 39-10-104.5, C.R.S. (6) Repealed. (7) Failure to pay any installment on special assessments, whether of principal or interest, when due gives the district the right to declare the installments delinquent, and upon such a declaration the whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the same rate as delinquent property taxes as specified in section 39-10-104.5 (3)(c), C.R.S. The county treasurer shall include the delinquent installment amount as part of the tax lien sale. At any time prior to the day of the tax lien sale, the district member may pay the amount of the delinquent installments, with interest at the penalty rate set by the assessing resolution, and all costs of collection accrued and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not occurred. (8) (a) Payment of special assessments may be made to a county treasurer at any time after the county assessor has certified the tax roll and the county treasurer is prepared to accept payments for that property tax year, and the county treasurer shall remit all special assessments collected, less the collection fee required by section 32-20-105 (3), to the district in the same manner as taxes are distributed in accordance with section 39-10-107, C.R.S. (b) Each owner of any divided or undivided interest in eligible real property assessed is jointly and severally liable for the full amount of any special assessment. A special assessment lien remains on the entire property assessed until the entire special assessment is paid, except as otherwise provided pursuant to section 32-20-107.
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