NRS271.360. Order for proposed assessment roll; form of roll; postponement of assessments on property for which hardship determination has been approved; effect of improper designation.

      1.  After the making of any construction contract, or after the determination of the net cost to the municipality, but not necessarily after the completion of the project, the governing body, by resolution or by a document prepared by the engineer and ratified by the governing body, shall:

      (a) Determine the cost of the project to be paid by the assessable property in the improvement district.

      (b) Order the engineer to make out an assessment roll, or ratify his or her roll already made, containing, among other things:

             (1) The name of each last known owner of each tract to be assessed, or if not known, that the name is “unknown.”

             (2) A description of each tract to be assessed, and the amount of the proposed assessment thereon, apportioned upon the basis for assessments stated in the provisional order for the hearing on the project.

      (c) Cause a copy of the resolution or ratified document to be furnished by the clerk to the engineer.

      2.  In fixing the amount or sum of money that may be required to pay the costs of the project, the governing body need not necessarily be governed by the estimates of the costs of such project provided for herein, but the governing body may fix such other sum, within the limits prescribed, as it may deem necessary to cover the cost of such project.

      3.  Before ordering the engineer to make out an assessment roll or ratifying his or her roll already made, the governing body shall consider all applications for hardship determinations and the recommendations made by the social services agency and make a final decision on each application. The governing body shall direct the engineer to postpone the assessments on property for which a hardship determination has been finally approved. A property owner whose hardship determination is approved shall pay interest on the unpaid balance of previous and current assessments at the same rate and terms as are established for other assessments in the manner provided by the governing body. The assessment must remain postponed until the earlier of the following occurrences:

      (a) The property is sold or transferred to a person other than one to whom a hardship determination has been granted;

      (b) The term of the bonds expires;

      (c) The property owner’s application for renewal of the hardship determination is disapproved;

      (d) The property owner fails to pay the interest on the unpaid balance of assessments in a timely manner; or

      (e) The property owner pays all previous and current assessments.

      4.  A property owner may pay all previous and current assessments at any time before they become due without penalty.

      5.  The governing body shall not sell bonds on the basis of the assessments for which hardship determinations have been approved. A special fund for the payment of the costs of the project assessed against property for which hardship determinations have been made must be created. The fund must be reimbursed when the balance of unpaid assessments are paid, including all interest paid during the period of postponement. The surplus and deficiency fund established pursuant to NRS 271.428 may be used as the special fund.

      6.  If by mistake or otherwise any person is improperly designated in the assessment roll as the owner of any tract, or if the same is assessed without the name of the owner, or in the name of a person other than the owner, such assessment shall not for that reason be vitiated but shall, in all respects, be as valid upon and against such tract as though assessed in the name of the owner thereof; and when the assessment roll has been confirmed, such assessment shall become a lien on such tract and be collected as provided by law.

      (Added to NRS by 1965, 1366; A 1991, 1879)