14.50.060 C-PACER lien.

(1)    The C-PACER lien amount, plus any interest, penalties, and charges accrued or accruing on the C-PACER lien:

(a)    Takes precedence over all other liens or encumbrances except a lien for taxes imposed by the state, a local government, or a junior taxing district on real property, which liens for taxes shall have priority over such C-PACER lien, provided existing mortgage holders, if any, have provided written consent described in Section 14.50.050(3); and

(b)    Is a first and prior lien, second only to a lien for taxes imposed by the state, a local government, or a junior taxing district against the real property on which the C-PACER lien is imposed, from the date on which the notice of the C-PACER lien is recorded until the C-PACER lien, interest, penalties, and charges accrued or accruing are paid.

(2)    The C-PACER lien runs with the land, and that portion of the C-PACER lien that has not yet become due is not accelerated or eliminated by foreclosure of the C-PACER lien or any lien for taxes imposed by the state, a local government, or junior taxing district against the real property on which the C-PACER lien is imposed.

(3)    Delinquent installments due on a C-PACER lien incur interest and penalties as specified in the financing agreement.

(4)    After the C-PACER lien is recorded as provided in this chapter, the voluntary assessment and the C-PACER lien may not be contested on the basis that the improvement is not a qualified improvement or that the project is not a qualified project. (Sec. 1 of Ord. 2021-10-04)