The imposts for profits imposed pursuant to the terms of this chapter shall be payable annually to the association on the date provided by the latter in the notice issued annually for such purposes, in accordance with the provisions of § 6653 of this title. Said imposts for profits shall become delinquent if not paid within thirty (30) days following their due date. After the aforementioned thirty (30)-day term has elapsed, the collectors or authorized representatives of the association shall collect, in addition to said delinquent imposts for profits, and as part of these, the interest on their total amount calculated at the rate of ten percent (10%) per annum, as of the date fixed for their payment.
Said additional sum on account of interest shall be collected together with the principal of the imposts for profits that accrued the same, as well as demand for payment fees, if any. As soon as the imposts for profits become delinquent, the affected real property owner shall be notified to such effect by the association through certified mail. The owner of the affected real property shall have fifteen (15) days, from the date said notice of demand for payment is received, and to make such payment for delinquent imposts for profits, as well as any interest thus accrued.
If the payment due is not received and fifteen (15) days have elapsed, the association shall, upon previous notice through certified mail to the Municipal Revenues Collection Center and the municipality where the improvement district in question is located, proceed to immediately attach, through its agents, the real or personal property of the owner of the real property subject to payment of delinquent imposts for benefits in an amount sufficient to cover the payment of such imposts for profits, and shall notify such attachment to the affected real property owner through certified mail within ten (10) days of such attachment.
The owner of the real property may file a petition for review with the Court of First Instance of Puerto Rico, within a non-extendable thirty (30)-day term from the receipt of the notice of attachment if he/she believes that there has been an irregularity in the notice of the imposts for profits or the attachment initiated by the association.
Should the owner of the property fail to petition the aforementioned review, the association shall proceed to sell the attached property at public auction in order to collect the imposts for profits, including fees, costs, and interest. Said sale at auction shall take place as prescribed in §§ 5103 and 5104 of this title.
History —Aug. 8, 1998, No. 207, § 3.004; Dec. 16, 2009, No. 171, § 7, eff. 30 days after Dec. 16, 2009.