Sec. 94-1. - Applicability.

This article shall apply to special assessments and to all projects commenced under this article.

(Ord. No. 97-08, § XXIV, 6-10-97; Ord. No. 02-17, § 1, 7-30-02)

Sec. 94-2. - Authorization.

(a)

The board of county commissioners is granted the authority to adopt this article pursuant to F.S. ch. 125. The board of county commissioners is authorized to establish services and improvements and fund such services and improvements through special assessments pursuant to F.S. § 125.01(r). Such services and improvements may include:

(1)

Streets and roads.

(2)

Traffic calming devices and measures.

(3)

Water and sewage systems.

(4)

Water and sewage treatment plants.

(5)

Drainage.

(6)

Sidewalks.

(7)

Such other services or facilities as may be deemed essential.

The board is authorized to provide for the payment of the whole or part of the cost of said improvements by levying and collecting special assessments upon property deemed to benefit specially by the construction of such improvements. Special assessments must be reasonably apportioned among properties deemed improved. The board may adopt by resolution or otherwise any methodology it deems appropriate for reasonably apportioning the special assessments among the property owners deemed to specially benefit from such improvement.

(Ord. No. 97-08, § I, 6-10-97; Ord. No. 02-17, § 1, 7-30-02)

Sec. 94-3. - Petition—Submission by property owners.

Property owners may request that a petition be prepared for submission to the board of county commissioners to impose a special assessment upon specially benefited property. One property owner may act as petition leader. The petition shall be submitted to the county administrator or his designee for administrative evaluation and review, and for his recommendations to the county commission.

(Ord. No. 97-08, § II, 6-10-97; Ord. No. 02-17, § 1, 7-30-02)

Sec. 94-4. - Same—Form.

(a)

The petition shall contain the following information:

(1)

A specific designation of the boundaries of the area to be improved, including a description of the propertyinvolved;

(2)

A specific designation of the improvements required;

(3)

A specific statement of the total number and description of lots or parcels to be benefited by the improvements requested.

(4)

Signatures of the owners of the land who respond to the petition and whose respective properties are located within the benefited area. The specific legal description of the lots or parcels shall be set forth opposite the name or names of the signer(s) of the petition.

(5)

A project map.

(b)

The county in its discretion may modify the designation of the boundaries of the area to be improved, the designation of the improvements required, the statement of the number and description of the lots or parcels to be benefited by the improvements demanded, and/or the project map prior to mailing notice of the petition to specially benefited property owners or presenting the petition to the county commission.

(Ord. No. 97-08, § III, 6-10-97; Ord. No. 02-17, § 1, 7-30-02)

Sec. 94-5. - Same—Response time and re-petition.

(a)

The county shall furnish, via certified mail, return receipt requested, a letter to the owner(s) of each specially benefited property, notifying said owner(s) of the petition, and providing an estimate of the number of assessment units and estimated dollar value of the assessment against the property of the owner(s). Refusal or failure to acknowledge receipt of said notification letter shall be deemed adequate notice and receipt for purposes of this notification requirement. The owner(s) of each specially benefited property will be allowed 45 calendar days from the date the letter is mailed to respond favorably or unfavorably to the petition, and the owner(s) of each property shall be entitled to one favorable or unfavorable vote per assessment unit assigned to the owner(s) of said property. Those owners of benefited property who do not respond in writing, or whose responses have not been received within 45 calendar days from the date the letter was mailed, may not be considered in the findings of the commission or county staff.

(b)

If the county staff determines that greater than 50 percent of the votes received are not favorable, the staff shall make a determination that the petition failed, and shall not be required to present the petition to the county commission. If, however, the county staff determines that 50 percent or more of the votes received in response to the petition are favorable, the staff must present the petition to the county commission for its consideration.

(c)

Should the county staff determine that the petition failed under this section, the county administrator or his designee may present the petition to the county commission if he determines, in his sole discretion, that consideration of the petition by the board of county commissioners would address a specific need within the area of the proposed improvement.

(d)

Should the staff determines that the petition failed under this section, and the county administrator or his designee has not presented the petition to the county commission pursuant to subsection (c) of this section within 60 days from submission, then the property owners shall not be entitled to initiate any petition to make such improvements or provide the services designated within this article for one year subsequent to the date on which all votes are due to be received by the county.

(Ord. No. 97-08, § IV, 6-10-97; Ord. No. 02-17, § 1, 7-30-02)

Sec. 94-6. - Same—Initiation by property owners.

After public hearings, the county commission may adopt and enact, if it so desires, all appropriate and legally required ordinances or resolutions to make the improvements or provide the services designated in the written petition. The board, however, much first make a finding that:

(1)

Fifty percent or more of the votes received in response to the petition were favorable, or the proposed improvements set forth in the petition are deemed by the county staff or the board of county commissioners to address specific need within the area of the proposed improvement;

(2)

The improvements or services designated have an ascertainable special benefit to the properties to be assessed; and

(3)

The special assessment is reasonably apportioned among the properties that are deemed to benefit specially from the improvements.

(Ord. No. 97-08, § V, 6-10-97; Ord. No. 02-17, § 1, 7-30-02)

Sec. 94-7. - Initiation by county commission.

The commission may initiate services, make improvements, or both, in its discretion, and without the necessity of a petition. The commission shall define the area to be included in such a special benefit area and shall have prepared a cost estimate of the project to be undertaken; however, the commission must first make a finding that:

(1)

The improvements or services designated have an ascertainable special benefit to the properties to be assessed; and

(2)

The special assessment is reasonably apportioned among the properties that are deemed to benefit specially from the improvements.

(Ord. No. 97-08, § VI, 6-10-97; Ord. No. 02-17, § 1, 7-30-02)

Sec. 94-8. - Notice for hearing on preliminary assessment roll.

(a)

Upon completion of the preparation of the preliminary assessment roll, the commission shall cause to be published once, in a newspaper of general circulation, a resolution stating that a preliminary assessment roll has been completed; that the assessment roll is on file in the office of the county administrator or his designee; that the assessment roll is open to public inspection; that at a regular meeting of the board of county commissioners, on a certain day and hour to be specified in the resolution, and not earlier than 15 calendar days from such publication, the board of county commissioners will hear all interested persons regarding the proposed assessments contained in the preliminary assessment roll; and which shall state, in brief and general terms, a description of the improvement, together with the location thereof.

(b)

At least 15 calendar days prior to the date of such hearing, notice by certified, first class mail shall be sent to each person whose name and address is either known, or may be reasonably ascertained, identified as the owner of record of any lot or parcel of land proposed for assessment or in whose name any such lot or parcel may otherwise be listed on the tax roll of the county tax appraiser, advising said person of:

(1)

The nature of the proposed improvements;

(2)

The estimated cost thereof;

(3)

The specific amount of assessment to be made against each lot or parcel of land; and

(4)

The place, date and time of the public hearing on the assessment.

Failure of the owner to receive such notice due to mistake or inadvertence shall not affect the validity of the preliminary assessment roll adopted by the board of county commissioners, nor release or discharge any obligation for payment of a special assessment imposed by the board of county commissioners pursuant to this article.

(Ord. No. 97-08, § VII, 6-10-97; Ord. No. 02-17, § 1, 7-30-02)

Sec. 94-9. - Combined public hearings.

(a)

In those instances in which estimated quantities and unit cost required to complete the proposed special assessment project have been previously estimated by the county administrator or his designee, the public hearings required for the adoption of the initial resolution declaring a special assessment and the resolution adopting the preliminary assessment roll may occur simultaneously at a single hearing and may be combined into a single resolution.

(b)

All procedures respecting the issuance of notice for a hearing on a preliminary assessment roll under section 94-8 shall be followed.

(c)

With respect to quantities, unit costs and award of bids:

(1)

Quantities shall be deemed known by the county administrator or his designee only in those instances where appropriate departments have performed any required site inspection and field measurements to determine the quantities necessary to complete the project.

(2)

Unit costs shall be deemed to be known by the county administrator or his designee only in those instances in which the county has established unit costs for the performance of the specified work or in which there exists a competitively bid annual contract which provides for specific unit costs or for the performance of the specified works, or both.

(3)

Award of bid, in instances where a combined public hearing is held, shall be accomplished through provisions set forth in the purchasing ordinance, chapter 2, article IV, division 2, as amended.

(Ord. No. 97-08, § VIII, 6-10-97; Ord. No. 02-17, § 1, 7-30-02)

Sec. 94-10. - Resolution—preparation.

When the board of county commissioners decides to make an improvement or provide a service, then it shall so declare by resolution, stating the nature of the proposed improvements, the total estimated cost, the method of payment of assessments, the number of annual installments, and the legal description of area specially benefited. The estimated cost of any services, and/or improvements, or both, shall include, to the extent applicable:

(1)

An estimate of the cost of preliminary and other surveys;

(2)

Acquisition of any real property;

(3)

Engineering services associated with project;

(4)

Inspection and superintendence of work;

(5)

Preparation of the plans, specifications and estimate;

(6)

Printing and publishing of notices and proceedings;

(7)

Preparation and recording of a preliminary assessment roll;

(8)

Preparation and issuance of certificates;

(9)

Actual costs of providing the services; and

(10)

Any other expenses attributable to the service or improvement.

(Ord. No. 97-08, § IX, 6-10-97; Ord. No. 02-17, § 1, 7-30-02)

Sec. 94-11. - Same—Publication.

The resolution to be adopted shall be published in any newspaper of general circulation in the county once at least 15 calendar days prior to its adoption at any regular or special meeting of the board of county commissioners.

(Ord. No. 97-08, § X, 6-10-97; Ord. No. 02-17, § 1, 7-30-02)

Sec. 94-12. - Same—Adoption.

At the time and place designated in the notice, the board of county commissioners shall conduct a public hearing on the proposed resolution and may adopt, modify, or reject the same. Any objections or comments to the resolution shall be made in writing and submitted to with the county administrator or his designee prior to adoption of the resolution or else may be deemed waived.

(Ord. No. 97-08, § XI, 6-10-97; Ord. No. 02-17, § 1, 7-30-02)

Sec. 94-13. - Implementation of services or improvements.

Upon passage of the resolution, the proposed project shall be specially designated for implementation. Funding shall be allocated for the project at the time the resolution is adopted based upon cost estimates prepared by the county administrator or his designee.

(Ord. No. 97-08, § XII, 6-10-97; Ord. No. 02-17, § 1, 7-30-02)

Sec. 94-14. - Solicitation of bids and preparation of assessment roll.

The resolution approving the project shall authorize the county administrator or his designee to solicit bids for the construction of the improvement, utilize its own forces subject to F.S. ch. 125, or utilize any contractor who possesses an annual contract to perform such services for the county. Prior to award of contract or commencement of construction, the board of county commissioners shall cause to be prepared a preliminary assessment roll containing property descriptions and proposed assessments of cost against each lot or parcel of land benefiting from such improvement, based upon the estimated benefit received, as established in the original resolution.

(Ord. No. 97-08, § XIII, 6-10-97; Ord. No. 02-17, § 1, 7-30-02)

Sec. 94-15. - Preliminary assessment roll and award of bid.

(a)

At the public hearing the board of county commissioners shall annul, adopt or modify, in whole or in part, the assessments indicated on the preliminary assessment roll, either by confirming the assessment against any or all lots or parcels described therein, or by canceling, increasing or reducing the same, according to the special benefits which the board determines each lot or parcel will receive by virtue of the improvement, but shall not confirm any assessment in excess of the special benefit to the property or in excess of the flat rate approved and adopted for such projects. The board may elect to contribute up to 25 percent of the cost of any project for which special assessments may be imposed.

(b)

Immediately after the determination by the board as to the special assessments to be imposed, the preliminary assessment roll as sustained or modified shall be approved (subject to subsection (c)(2) below), and the award of bid for construction made. Any necessary budget adjustments resulting from an increase or decrease in contract price with respect to the estimated price may be made upon approval of the preliminary roll and award of bid.

(c)

Upon completion of the improvements for which the special assessments have been imposed, the board of county commissioners shall adopt a final assessment role, based on the actual cost of the improvements. Whenever the board determines that the actual cost of the improvements has exceeded the estimated cost it originally approved, the special assessment billed shall not exceed the original estimated cost of the improvements, and the preliminary assessment roll shall become final; however, whenever the actual cost is less than the estimated cost originally approved by the board, the following shall apply.

(1)

If the actual unit cost for each assessed property proves to be less than the original estimated cost by an amount not exceeding $10.00, the original estimated cost shall be billed, and the preliminary assessment roll shall become final;

(2)

If the actual unit cost for each assessed property proves to be less than the estimated unit cost by an amount greater than $10.00, a new resolution and revised assessment roll will be prepared for approval as a final assessment roll by the board of county commissioners, and the lesser cost shall be billed.

(Ord. No. 97-08, § XIV, 6-10-97; Ord. No. 02-17, § 1, 7-30-02)

Sec. 94-16. - Payment of assessment.

(a)

Assessments made hereunder shall become due and payable to the board of county commissioners 33 calendar days after the date of the initial billing following the completion of the improvements for the property benefited by the special assessment project. All assessments not paid within such period shall thereupon become payable in equal annual installments in each of the ten succeeding years with interest not to exceed that authorized by law from the expiration of such 33 days, payable annually, unless the commission shall fix a shorter or longer period of time for the payment of annual installments or a lower rate of annual interest; but any assessment becoming so payable may be paid in full at any time, together with interest accrued thereon to the date of the payment. At a minimum of at least once a year, the board shall have the discretion to adopt by resolution an interest rate applicable to special assessment projects.

(b)

The board of county commissioners is authorized by resolution, in its discretion, to reduce interest rates or waive interest otherwise payable on special assessments pursuant to paragraph (a) of this section, or otherwise to extend, up to a maximum of 20 years, the time for payment of special assessments in installments, with respect to owners of assessed property whose income meets or falls below the low-income or very low-income thresholds established by the United States Department of Housing and Urban Development (HUD) in effect at the time the final assessment roll is adopted. At a minimum of at least once a year, the board, by resolution may adjust rates of interest to a rate not to exceed that which would otherwise have been imposed under paragraph (a) of this section at the time of adoption of the final roll, may impose or re-impose interest, or may alter the time for payment to a period not to exceed that which would have otherwise been imposed under paragraph (a) of this section, in the event the board determines the income of the owner has increased above the applicable threshold, or if the ownership of the property has changed.

(Ord. No. 97-08, § XV, 6-10-97; Ord. No. 02-17, § 1, 7-30-02; Ord. No. 06-34, § 1, 10-24-06)

Sec. 94-17. - Lien on properties assessed.

(a)

When final completion has been achieved on the project and the board of county commissioners has approved and directed the recording of a final assessment roll, the final assessment roll shall constitute a lien on each property assessed for any improvements or services under the provisions of this ordinance. Any delinquent or unpaid assessment for any improvements or services under the provisions of this ordinance shall remain a liens until paid in full and shall be equal in rank and dignity with the liens of county ad valorem taxes and all other liens resulting from special assessments by the county, and superior in rank and dignity to all other liens, prior recorded mortgages, encumbrances, titles and claims in, to or against the improved real property involved. Payments on any special assessment shall first be applied to interest, then to unpaid principal.

(b)

The county may enforce any lien imposed under this ordinance in the same manner as is provided for the foreclosure of mortgages, and the county shall thereby be entitled to collect the special assessment as well as interest, costs, penalties, and reasonable attorneys' fees. Upon the failure of a property owner to pay any installment of principal or interest on any assessment lien within 33 calendar days of its due date, the county may thereafter elect either to seek recovery of any outstanding and unpaid installments, or to accelerate the due date of all outstanding installments of principal remaining unpaid and pursue immediate recovery thereof, together with interest due thereon from date of default, as well as any applicable costs, penalties, and attorneys' fees.

(Ord. No. 97-08, § XVI, 6-10-97; Ord. No. 02-17, § 1, 7-30-02)

Sec. 94-18. - Properties subject to assessment.

No property that has been deemed by the board of county commissioners to enjoy a special benefit from an improvement for which a special assessment is imposed under this article shall be exempted from payment of the principal amount of that special assessment.

(Ord. No. 97-08, § XVII, 6-10-97; Ord. No. 02-17, § 1, 7-30-02)

Sec. 94-19. - Correction of errors or adjustments in final assessment roll.

In case of any omission, error or mistake in generating the final assessment roll, or in imposing liens on properties against which special assessments have been levied, board of county commissioners may, at any time, correct such omission, error or mistake by resolution upon the request of a property owner adversely affected thereby, upon the recommendation of county staff, or upon its own motion without notice to the affected parties.

(Ord. No. 97-08, § XVIII, 6-10-97; Ord. No. 02-17, § 1, 7-30-02)

Sec. 94-20. - Acquisition of right-of-way required.

No such road or street improvement project under this ordinance shall be undertaken until all rights-of-way required for the project have been acquired.

(Ord. No. 97-08, § XIX, 6-10-97; Ord. No. 02-17, § 1, 7-30-02)

Sec. 94-21. - Alternative methods.

This article shall be deemed to authorize any additional and alternative method for the imposition of assessments for improvements to properties specially benefited thereby as may be authorized and directed by the board of county commissioners.

(Ord. No. 97-08, § XX, 6-10-97; Ord. No. 02-17, § 1, 7-30-02)

Sec. 94-22. - Abandonment of board-approved projects.

In the event a service or improvement is abandoned prior to completion because of issues relating to the cost of the project, or for other good cause as determined by the board of county commissioners, all costs incurred to the point of abandonment may be assessed against the properties in the project area.

Factors that may be utilized in determining whether the costs of an abandoned project should be assessed in full, reduced or eliminated include:

(1)

Whether the county administrator or his designee has recommended the discontinuance of the project for lack of revenue, or manpower, or both, to complete the project;

(2)

Whether the discontinuation of the project would be of convenience to the county;

(3)

Whether actual or potential engineering, legal or fiscal problems developed, thereby making the continuance of the project unfeasible, impracticable, or undesirable due to no fault of the property owners;

(4)

Whether collecting the assessments for the discontinued project would result in undue hardship to the subject property owners due to the high cost of the project;

(5)

Whether there exist other circumstances, unique to the individual project, which would render an assessment unduly burdensome and oppressive to property owners;

(6)

Whether the assessment appears to exceed the special benefits property owners will receive.

If any of the above factors are found to exist, the board of county commissioners may forgive the cost incurred to the date of abandonment.

(Ord. No. 97-08, § XXI, 6-10-97; Ord. No. 02-17, § 1, 7-30-02)

Sec. 94-23. - Invalid assessments.

If any special assessment made under the provisions of this chapter to defray the whole or any part of the expense of any such service or improvement shall, either in whole or in part, be annulled, vacated, or set aside by the judgment of any court, or if the board of county commissioners shall be satisfied that any such assessment is so irregular or defective that the same cannot be enforced or collected, or if the board shall have omitted to make such an assessment when it might have done so, the board may take all necessary steps to correct the invalidity, including, but not limited to, causing a new assessment to be made for the whole, or for any part of, any improvement, or against any property benefited, in whole or in part, by any improvement, following as nearly as possible the provisions of this article.

(Ord. No. 97-08, § XXII, 6-10-97; Ord. No. 02-17, § 1, 7-30-02)

Sec. 94-24. - Procedural irregularities.

Any informality or irregularity in the proceedings in connection with the levy of special assessments under the provisions of this article shall not affect the validity of the same after the approval thereof, and any special assessment as finally approved shall be competent and sufficient evidence that such special assessment was duly levied, that the special assessment was duly made and adopted, and that all other proceedings adequate to such special assessment were duly had, taken, and performed as required by this article. No variance from the direction hereunder shall be held material unless it is clearly shown to the satisfaction of the board of county commissioners that the party objecting was materially injured thereby. Notwithstanding the provisions of this section, any party objecting to a special assessment imposed pursuant to this article must file a written objection with the board within 30 calendar days from the date of the adoption of the resolution under this article, or forever waive objection thereto.

(Ord. No. 97-08, § XXIII, 6-10-97; Ord. No. 02-17, § 1, 7-30-02)

Secs. 94-25—94-45. - Reserved.