HomeMy WebLinkAbout1992-286./4/82(doc )LEGAL(TPO/ab)
ORDINANCE 92 -fig
eN ItDINA.rICF' �F INDIAN-tIVFR COUNTY,
FLORIDA, AMENDING CHAPTER 11, INDIAN
_�__RIVER COUNTY CODE (1976_. EDITION) AND
PLACING REVISED CHAPTER 11 IN THE NEW
CODE AS CHAPTER 208, SPECIAL ASSESSMENT.
WHEREAS, the County is In the transition of going from he
old code --a976 editions -to -tree new C-oTe--(1990 -edtion� and---
WHEREAS,-the-revision-and-placement
aril
WHEREAS,-the-revision-and-placement of Chapter 1
new -codes step--in-that- proces
NO , THEREFORE,-be�3t-resolved -b"he-Board-of Coi+nty
Commissioners -of Indian -River-County, Florida that:
SECTION-1—REPEAL AND AMENDMENT.
Chapter 11, Improvements and Services, Indian River
Countv Code (1976 edition) is hereby repealed in its entirety and a
new Chapter 208, Special Assessments is hereby adopted as set forth
in Attachment "A" hereto.
SECTION 2. EFFECTIVE DATE.
This ordinance shall become effective on becoming law.
Approved and adopted by I the Board of County
Commissioners of Indian River County, Florida, on this 28 day of
July , 1992.
This ordinance, was advertised in the Vero Beach Press=.
Journal on the 29 day of June 1992, for a public hearing to
be held on the 28 day of__�July 392, a cli-•i a it was
moved for adoption by Cammissioner Scurlack and-thymotion.
was seconded by- Commissioner B i and adopted -by,
theifollowing-vote.
Chairman Carolyn K Eggert Aye
Vice Chairman Margaret C: Bowman'.
Commissioner Don- C. Scurlock,—. Aye -
Commissioner Richard N. Bird Aye
Commissioner Gary C. Wheeler_ _ Resigned
BOARD OF COUNTY 'COMMISSIONERS :.
INDIAN RIVER COUNTY, FLORIDA
By
Carollyn4. Eggert- xr
Chairm ,
attest by
JJeeffrey K' .—1
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t cknowled-gment—by the Department of State of -the, --State of Florida,
this 3rd day of _August , 1992.
Effective date: Acknowledgment for the Department of State received
on this 6th day of August , 1992, at 11:00a.m./p.m. and filed
in the Office of the Clerk of the Board of County Commissioners of
Indian River County, Florida.
Indian Alva Ca Approved Date
Admin.. /� p
-Legal — _ —
Budge,
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614/92(DOCS)LEGAL(TPO/sb)
ATTACHMENT "A"
CHAPTER 208. SPECIAL ASSESSMENTS
Sec. 208.01. Method of prorating.
Special assessments against property deemed to be specially benefitted
by County improvements shall be assessed upon the property specially
benefitted by the improvements in proportion to the benefits to be
derived therefrom, said special benefits to be determined and prorated
according to the foot frontage of the respective properties specially
benefitted by said improvement, or by such other method as the board
.may prescribe.
Sec. 208.02. Resolution required to declare special assessments.
When the board determines to defray the whole or any part of the cost
of any improvements by special assessments, the board shall declare by
resolution the nature and location of the proposed improvements, the
part of portion of the cost thereof to be paid by special assessments,
the manner in which the assessments are to be made, when the special
assessments are to be paid, and what part, if any, shall be paid from
the general improvement fund of the county. The resolution shall
designate the lands upon which the special assessments are to be
levied. In describing said lands it shall be sufficient to describe them
as "all lots and lands adjoining and contiguous or bounding and
abutting upon the improvements or specially benefitted thereby and
further designated by the assessment plat with respect to the special
assessments." The resolution shall also state the total actual or
estimated cost of the improvements. Such cost may include the cost of
construction or reconstruction, the cost of all lands, property, rights,
easements, and franchises acquired, financing charges, interest prior to
and during construction and for one year after completion of
construction, discount on the sale of bonds, cost of plans and
specifications, surveys, estimate of costs and of revenues, cost of
engineering and legal services, all other expenses necessary to
determine the feasibility or practicability of such construction or
reconstruction, administration, expenses, and such other expenses as
may be necessary or incident to the financing herein authorized.
Section 208.03. Assessment plat.
At the time of the adoption of the resolution aforesaid, there shall be
on file with the clerk of the county, an assessment plat showing the
area to be assessed. The assessment plat shall be open to inspection
by the public.
Section 208.04.. Publication of resolution.
Upon the adoption of the resolution aforesaid, the county shall cause
the resolution to be published one time in a newspaper of general
circulation published in the county.
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Sec. 208.05 Assessment. roll.
Upon the adoption of the resolution aforesaid,
assessment roll made in accordance with the
resolution. The assessment roll shall show the
assessed and the assessment against each lot c
said assessment is to be paid in installments,
thereof. The assessment roll shall be promptly
the board.
the board shall have an
method provided in the
lots and parcels of land
r parcel of land, and if
amounts and due dates
completed and filed with
Sec. 208.06. Publication of assessment roll - time and place of hearing.
Upon the completion of the assessment roll, the board shall fix by
resolution a time and place at which the owners of the property to be
assessed, or any other interested persons, may appear before the board
and be heard as to the propriety and advisability of making the
improvements, if not already made, the cost thereof, the manner of
payment therefore and the amount to be assessed against each
property. At least ten (10) days' notice in writing of such time and
place shall be given to such property owners which shall be served by
mailing a copy of such notice to each of such property owners at his
last known address, the names and addresses of such property owners
to be obtained from the records of the property appraiser, proof of
such mailing to be made by affidavit of the clerk of the county,
provided that failure to mail said notice or notices shall not invalidate
any of the proceedings hereunder. Notice of the time and place of
such hearing shall also be given by two (2) publications a week apart
in a newspaper of general circulation in the county. The last
publication shall be at least one week prior to the date of the hearing.
The notice shall describe the streets or other areas to which the
improvements relate and advise all interested persons that the
description of each property to be assessed and the amount to be
assessed to each property may be ascertained at the office of the clerk
of the county.
Sec. 208.07. Equalizing board.
At the time and place named in the notice provided for in Section
208.06 the board shall meet as the equalizing board to hear and
consider any and all complaints as to the special assessments and it
shall adjust and equalize the special assessments on the basis of justice
and right. When so equalized and approved by resolution of the board,
the special assessments shall stand confirmed and shall remain legal,
valid and binding first liens upon the property against which the
special assessments were made, until paid in full. Promptly after
confirmation, the special assessment shall be recorded by the clerk of.
the county in the Official Records Book of the county and such
recordation shall include indexing by the individual property owner's
name. The recordation of the lien shall be prima facie evidence of its
validity.
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Sec. 208.08. Final "as -built" assessment.
Upon completion of the improvements, the county shall credit to each of
the special assessments the difference in the special assessment as
originally made, approved and confirmed and the proportionate part of
the actual cost of the improvements to be paid by special assessments
as finally determined upon the completion of the improvements, but in
no event shall the final special assessments exceed the amount originally
assessed.
Sec. 208.09. Special assessment in lieu of impact fees.
In lieu of the impact fees now or hereafter imposed under County
Ordinance 84-18, as amended and supplemented, or other applicable
provisions of law, the board, at its sole discretion, is hereby
authorized to assess, by resolution, special assessments in lieu of
impact fees. Special assessments in lieu of impact fees shall be
assessed against the properties with respect to which impact fees would
otherwise be imposed. A special assessment in lieu of an impact fee
shall be assessed only against a specific property with the consent of
the owner of said property. Such consent shall be given in the manner
prescribed by resolution of the board. In the event consent is given
with respect to a specific property, then the impact fee which would
otherwise be imposed with respect to said property shall not be
imposed, anything to the contrary contained in any ordinance or other
provision of law notwithstanding.
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