Executions for collection of assessments for paving streets, laying sewers, or other improvements; sales at public auction; right of redemption.

Each municipality may enforce the collection of any amount due or to become due for paving streets or alleys, laying sewers and drains, or cleaning or repairing privy vaults by execution issued by the municipal finance officer against the persons who owe the debts. The execution may be levied by the marshal on the real property of the owners and, after proceedings as in cases of sales for municipal taxes, the property may be sold at public auction. All sales under execution made by municipalities shall be subject to both purchase by the municipality and the right of redemption by the owner after sale. History. Ga. L. 1884-85, p. 148, § 1; Civil Code 1895, § 723; Civil Code 1910, § 869; Code 1933, § 92-4201; Code 1933, § 91A-1508, enacted by Ga. L. 1978, p. 309, § 2. Cross references. Execution, levy, and sale on unpaid municipal assessments or interest, § 36-39-21. JUDICIAL DECISIONS Rights of sheriff’s sale purchaser when property sold for unpaid assessments. — Purchaser of real property at sheriff’s sale which was levied upon and sold to satisfy two fieri facias for unpaid sewer assessments was not entitled to the delivery of the fieri facias with no entry of satisfaction as well as a sheriff’s deed to the property, but instead was entitled either to a sheriff’s deed which accurately states the circumstances of the sale, or to the return of money with lawful interest. West v. Stynchcombe, 253 Ga. 135, 317 S.E.2d 541, 1984 Ga. LEXIS 847 (1984). Execution subject to same period of limitations as tax fi. Fa. — A fi. fa. issued by a city is in the nature of a tax fi. fa. and governed by the same procedure, and must be taken to be subject to the same period of limitation. Lewis v. Moultrie Banking Co., 36 Ga. App. 347, 136 S.E. 554, 1927 Ga. App. LEXIS 69 (1927). Assessments not abated when city accepts work of paving contractor. — When repaving is done on city streets and the city accepts the repaving, and by reason of a latent defect the paving becomes broken and cracked, and the contractor repairs the pavement under contract, and the city accepts the pavement as repaired, such acceptance, in the absence of fraud, is binding upon the property owners. The presence of such defects in the paving will not be cause for abatement of the balance of the installments of the assessments for the cost of repaving them unpaid, on the ground that the property owners have paid all that the repaving is worth. Webb v. City of Atlanta, 186 Ga. 430, 198 S.E. 50, 1938 Ga. LEXIS 620 (1938). Authority of city to bid and purchase at sale. — When city was authorized to pave the city’s streets and assess the costs of such paving against abutting property, the law must be read into the city’s charter and the city may bid upon and purchase such property when execution, levy, and sale were necessary to collect the assessment. City of Valdosta v. Ousley, 175 Ga. 775, 166 S.E. 195, 1932 Ga. LEXIS 327 (1932). Manner in which and by whom property redeemed. — Realty which has been levied upon and sold under a fi. fa. for municipal paving may be redeemed by the owner, the owner’s grantee in a security deed, or a mortgagee, as well as others having an interest in the property, upon paying or tendering to pay to the purchaser, within 12 months, the purchase price, with a premium of 10 percent from the date of the sale to the date of the offer to redeem. Hopkins v. Chatham Phoenix Nat'l Bank & Trust Co., 174 Ga. 136, 162 S.E. 521, 1932 Ga. LEXIS 8 (1932). RESEARCH REFERENCES C.J.S. 33 C.J.S., Executions, §§ 61 et seq., 131 et seq. 64A C.J.S., Municipal Corporations, § 2074 et seq. ALR. One in adverse possession as within class of persons entitled to redeem from tax sale, 164 A.L.R. 1285. Property owner’s liability for unpaid taxes following acquisition of property by another at tax sale, 100 A.L.R.3d 593.