2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 62 - DEVELOPMENT AUTHORITIES (§§ 36-62-1 — 36-62-19) › Article 2 - [COMMERCIAL PROPERTY ASSESSED CONSERVATION, ENERGY, AND RESILIENCY COOPERATION LAW] (§§ 36-62-15 — 36-62-19) › Section 36-62-17 - [Intergovernmental assessment agreements; assessment agreements; assessments]

(a)
For the purpose of aiding and cooperating in the planning, undertaking, constructing, or carrying out of qualifying improvements located within the area in which it is authorized to act, any municipal corporation or county, upon such terms, with or without consideration, as it may determine, may:
(1)
Enter into intergovernmental assessment agreements with an authority respecting action to be taken by such municipal corporation or county pursuant to any of the powers granted by this article, including the furnishing of funds or other assistance in connection with qualifying improvements, provided that the obligations of any such municipal corporation or county under any such intergovernmental assessment agreement shall be limited obligations payable solely from assessments and shall not be paid from any other public moneys;
(2)
Do any and all things necessary or convenient to aid or cooperate in the planning, undertaking, constructing, and carrying out of qualifying improvements; and
(3)
Grant or contribute assessments to an authority or agree to take such action.
(b)
Any participating local government shall have the power to impose, bill, and collect assessments and to pledge and assign assessments to an authority to secure its obligations under an intergovernmental assessment agreement.
(c)
Pursuant to Code Section 36-62-8.2, an authority may enter into an assessment agreement with an owner of qualifying property for qualifying improvements, under which such owner voluntarily agrees to the imposition of assessments under this article. After an assessment agreement is entered into, and upon notice from the authority, a participating local government shall have the power to execute and record a notice of assessment on the subject property in the real property records of the relevant county. Such notice of assessment shall contain:
(1)
The principal amount of the assessment;
(2)
The legal description of the property;
(3)
The name of each property owner;
(4)
A copy of the assessment agreement, including a schedule of assessments to be imposed by the participating local government; and
(5)
A reference to subsection (d) of this Code section authorizing the creation of an assessment lien to secure an assessment imposed under this article.
(d)
An assessment imposed by a participating local government under this article:
(1)
Is a lien against the property on which the assessment is imposed, from the date on which the notice of assessment is recorded until the assessment, interest, and penalties are paid in full; and
(2)
Has the same priority status as a lien for ad valorem taxes levied by the participating local government.
(e)
The assessment lien created under this article runs with the land and that portion of the assessment that is not yet due may not be accelerated or eliminated by foreclosure of a property tax lien or other lien.
(f)
Assessments imposed under this article shall be billed and collected in installments in the same manner, by the same tax collector, and at the same times as ad valorem taxes levied by the participating local government are billed and collected. The tax collector may include any assessment installment as a separate line item on an ad valorem tax bill or may send a separate bill for any assessment installment. The participating local government may charge fees that shall reflect the reasonable costs of the tax collector for his or her actions under this subsection and that shall be added to the assessment. The tax collector shall be a party signatory to each intergovernmental assessment agreement entered into by a participating local government. All proceeds of assessment installments received by a participating local government, net of administrative fees of the participating local government, that are subject to a pledge created in an intergovernmental assessment agreement shall be remitted to the applicable authority pursuant to the terms of the intergovernmental assessment agreement.
(g)
A delinquent assessment installment that is unpaid when due shall incur interest and penalties in the same manner as delinquent ad valorem taxes and shall be enforced by or on behalf of the participating local government in the same manner as its ad valorem tax liens. All proceeds from enforcing a delinquent assessment installment and related penalties and interest received by a participating local government that are subject to a pledge created in an intergovernmental assessment agreement shall be remitted to the applicable authority pursuant to the terms of the intergovernmental assessment agreement.
(h)
Subject to an intergovernmental assessment agreement, a participating local government may charge fees that shall reflect the reasonable costs of the participating local government for its actions under this article and that shall be added to the assessment.
(i)
Assessments shall not count against the tax limitations contained in paragraph (20) of Code Section
48-5-220
or Code Section
48-5-350
.
Added by 2024 Ga. Laws 494,§ 6, eff. 4/25/2024.