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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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(D) Nothing herein shall preclude the board from providing annual <br />notification to all Owners of Assessed Property in the manner provided in <br />Sections 206.18 and 206.19 hereof or any other method as provided by law. <br />(E) The Board may establish or increase a Maximum Assessment <br />Rate in an Initial Assessment Resolution or Preliminary Rate Resolution and <br />confirm such Maximum Assessment Rate in the Annual Rate Resolution in <br />the event notice of such Maximum Rate Assessment has been included in <br />the notices required by Section 206.18 and 206.19 hereof. <br />(F) In the event (1) the proposed Service Assessment for any <br />Fiscal Year exceeds the rates of assessment adopted by the Board, including <br />a Maximum Assessment Rate, if any, that were listed in the notices <br />previously provided to the Owners of Assessed Property pursuant to <br />Sections 206.18 and 206.19 hereof, (2) the purpose for which the Service <br />Assessment is imposed or the use of the revenue from the Service <br />Assessment is substantially changed from that represented by notice <br />previously provided to the Owners of Assessed Property pursuant to <br />Sections 206.18 and 206.19 hereof, (3) Assessed Property is reclassified or <br />the method of apportionment is revised or altered resulting in an increased <br />Service Assessment from that represented by notice previously provided to <br />the Owners of Assessed Property pursuant to Sections 206.18 and 206.19 <br />hereof, or (4) an Assessment Roll contains Assessed Property that was not <br />included on the Assessment Roll approved for the prior Fiscal Year, notice <br />shall be provided by publication and first class mail to the Owners of such <br />Assessed Property as provided by law. Such notice shall substantially <br />conform with the notice requirements set forth in Sections 206.18 and 206.19 <br />hereof and inform the Owner of the date, time, and place for the adoption of <br />the Annual Rate Resolution. The failure of the Owner to receive such notice <br />due to.mistake,.or:inadvertence, shall not affect the validity of the Assessment <br />Roll nor release or discharge any obligation for payment of a Service <br />Assessment imposed by the Board pursuant to this Ordinance. <br />(G) As to any Assessed Property not included on an Assessment <br />Roll approved by the adoption of the Final Assessment Resolution or a prior <br />year's Annual Rate Resolution, the adoption of the succeeding Annual Rate <br />Resolution shall be the final adjudication of the issues presented as to such <br />Assessed Property (including, but not limited to, the determination of special <br />benefit and fair apportionment to the Assessed Property, the method of <br />apportionment and assessment, the rate of assessment, the establishment or <br />increase of a Maximum Assessment Rate, the Assessment Roll, and the levy <br />and lien of the Assessments), unless proper steps shall be initiated in a court <br />of competent jurisdiction to secure relief within 20 days from the date of the <br />Board action on the Annual Rate Resolution. Nothing contained herein shall <br />be construed or interpreted to affect the finality of any Assessment not <br />challenged within the required 20 -day period for those Assessments <br />16 <br />
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