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Last modified
7/7/2025 2:45:05 PM
Creation date
7/7/2025 2:40:21 PM
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Ordinances
Ordinance Number
2025-010
Adopted Date
07/01/2025
Agenda Item Number
11.A.1.
Ordinance Type
Repealing Chapter 206 Special Assessment
State Filed Date
07\03\2025
Entity Name
Master Capital Project and Service Assessment,
Subject
repealing Chapter 206 of the Indian River County Code of Ordinance entitled “Special Assessment”
and adopting a new Master Capital and Service Assessment Ordinance.
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programs, or Local Improvements proposed for funding from the proceeds of <br />Assessments to be imposed therein. <br />(B) Either the Initial Assessment Resolution proposing each <br />Assessment Area or the Final Assessment Resolution creating each <br />Assessment Area shall include brief descriptions of the proposed services, <br />facilities, programs, or Local Improvements, a description of the property to <br />be included within the Assessment Area, and specific legislative findings that <br />recognize the special benefit to be provided by each proposed service, <br />facility, program, or Local Improvements to property within the Assessment <br />Area. <br />Section 206.05. - Revisions To Assessments. If any Assessment made <br />under the provisions of this Ordinance is either in whole or in part annulled, <br />vacated, or set aside by the judgment of any court of competent jurisdiction, <br />or if the Board is satisfied that any such Assessment is so irregular or <br />defective that the same cannot be enforced or collected, or if the Board has <br />omitted to include any property on the Assessment Roll which property <br />should have been so included, the Board may take all necessary steps to <br />impose a new Assessment against any property benefited by the Service <br />Costs, Capital Costs or Project Costs following as nearly as may be <br />practicable, the provisions of this Ordinance and in case such second <br />Assessment is annulled, vacated, or set aside, the Board may obtain and <br />impose other Assessments until a valid Assessment is imposed. <br />Section 206.06. - Procedural Irregularities. Any informality or irregularity in <br />the proceedings in connection with the levy of any Assessment under the <br />provisions of this Ordinance shall not affect the validity of the same after the <br />approval thereof, and any Assessment as finally approved shall be <br />competent and-: sufficient, evidence that such Assessment was .duly :levied,_- :. <br />that the Assessment was duly made and adopted, and that all other <br />proceedings adequate to such Assessment were duly had, taken, and <br />performed as required by this Ordinance; and no variance from the directions <br />hereunder shall be held material unless it be clearly shown that the party <br />objecting was materially injured thereby. Notwithstanding the provisions of <br />this Section, any party objecting to an Assessment imposed pursuant to this <br />Ordinance must file an objection with a court of competent jurisdiction within <br />the time periods prescribed herein. <br />Section 206.07. - Correction Of Errors And Omissions. <br />(A) No act of error or omission on the part of the Property <br />Appraiser, Tax Collector, County Administrator, Board, their deputies, <br />employees, or designees, shall operate to release or discharge any <br />obligation for payment of an Assessment imposed by the Board under the <br />provision of this Ordinance. <br />E:3 <br />
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