A. The tax imposed by this chapter, and any penalty and interest due thereon, if not paid when due, and all costs of collection of said tax, penalty and interest, shall constitute a perpetual lien on the real property transferred in the amount applicable to each lot or parcel of real property transferred and shall have priority over all other liens except general tax liens and special improvement district assessment liens. Except as aforesaid, the lien for said tax shall be and until paid shall remain a first and prior lien superior to all other liens upon said property and shall take precedence on such property over other liens or claims of whatsoever kind or nature. Said lien shall continue until the amount thereof is paid or until its discharge of record by foreclosure or otherwise.

B. The recording of this chapter in the office of the clerk and recorder of the county of Summit, State of Colorado, shall constitute notice to all persons interested in the transfer of real property of the existence of and the lien imposed by the real estate transfer tax.

C. If the tax is unpaid and delinquent, the town manager shall give written notification to the purchaser or person to whom the transfer is made at the address shown on any deed or instrument evidencing the transfer, or his last known address, of said delinquency. Said notification shall be mailed certified or registered mail, postage prepaid, return receipt requested, and shall be effective on the date of mailing. If the tax, penalty and interest are not paid within thirty (30) days of the effective date of the notification, the town manager shall commence foreclosure of the lien for said tax in the same manner as the foreclosure of a mortgage in accordance with Colorado law.

D. The amount of the tax, penalty and interest imposed under the provisions of this chapter shall be deemed a debt to the town. Any person owing money to the town under the provisions of this chapter shall be liable to an action brought in the name of the town for the recovery of such amount.

E. Every person convicted of a violation of any provision of this chapter shall be punished as provided in section 1-4-1 of this Code.

F. Any lien filed by the town pursuant to this chapter shall, upon the payment of all taxes, penalties and interest covered thereby, be released by the director in the same manner as mortgages or judgments are released.

G. Any remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. (Ord. 30, Series 2021)