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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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Section 206.37. - Annual Adoption Procedures. <br />(A) During its budget adoption process and prior to September 15 <br />of each year, the Board shall adopt an Annual Rate Resolution for each <br />Fiscal Year in which Capital Assessments will be imposed to fund the Capital <br />Cost or Project Cost of a Local Improvement. The Final Assessment <br />Resolution shall constitute the Annual Assessment Resolution for the initial <br />Fiscal Year. The Assessment Roll shall be prepared in accordance with the <br />Initial Assessment Resolution, as confirmed or amended by the Final <br />Assessment Resolution. Failure to adopt an Annual Assessment Resolution <br />during the budget adoption process for a Fiscal Year may be cured at any <br />time. <br />(B) In the event that the uniform method of collection provided for in <br />the Uniform Assessment Collection Act is used and (1) the proposed Capital <br />Assessment for any Fiscal Year exceeds the Maximum Assessment Rate <br />included in notice previously provided to the Owners of Assessed Property <br />pursuant to Sections 206.33 and 206.34 hereof, (2) the purpose forwhich the <br />Capital Assessment is imposed or the use of the revenue from the Capital <br />Assessment is substantially changed from that represented by notice <br />previously provided to the Owners of Assessed Property pursuant to Section <br />206.33 and 206.34 hereof; (3) Assessed Property is reclassified or the <br />method of apportionment is revised or altered resulting in an increased <br />Capital Assessment from that represented by notice previously provided to <br />the Owners of Assessed Property pursuant to Sections 206.33 and 206.34 <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 first class mail to the Owner of such Assessed Property. <br />Such supplemental notice shall substantially conform with the notice <br />requirements set forth in Sections 2.06.33 and-206..34,.hereof,.and_inform the <br />Owner of the date and place for the adoption of the Annual Rate Resolution. <br />The failure of the Owner to receive such supplemental notice due to mistake <br />or inadvertence, shall not affect the validity of the Assessment Roll nor <br />release or discharge any obligation for payment of a Capital Assessment <br />imposed by the Board pursuant to this Ordinance. <br />(C) 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 />22 <br />
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