AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY, FLORIDA, AMENDING, REVISING, AND SUPPLEMENTING CHAPTER 94 OF THE PASCO COUNTY CODE OF ORDINANCES; DESIGNATING APPLICABILITY OF ARTICLE 1; DESCRIBING AUTHORITY FOR THE IMPOSITION OF SPECIAL ASSESSMENTS AND PROCEDURE FOR ADOPTION OF METHODOLOGIES FOR REASONABLE APPORTIONMENT; SETTING FORTH A PROCEDURE FOR SUBMISSION OF PETITIONS BY PROPERTY OWNERS; DELINEATING THE REQUIRED FORM AND CONTENTS OF SAID PETITIONS AND COUNTY DISCRETION WITH RESPECT THERETO; DELINEATING PETITION PROCEDURES, INCLUDING RESPONSE TIME, VOTING, AND LIMITATIONS ON RE-PETITIONING; DESCRIBING REQUIRED FINDINGS ON PETITIONS INITIATED BY PROPERTY OWNERS; PROVIDING FOR INITIATION BY THE COUNTY COMMISSION; ESTABLISHING NOTICE REQUIREMENTS FOR HEARINGS ON PRELIMINARY ASSESSMENT ROLL; ALLOWING COMBINED PUBLIC HEARINGS FOR RESOLUTIONS; DELINEATING REQUIREMENTS FOR THE PREPARATION OF RESOLUTION IMPOSING A SPECIAL ASSESSMENT; PROVIDING FOR THE PUBLICATION OF THE RESOLUTION; PROVIDING FOR THE ADOPTION OF THE RESOLUTION; PROVIDING FOR THE IMPLEMENTATION OF SERVICES OR IMPROVEMENTS; PROVIDING FOR THE SOLICITATION OF BIDS AND THE PREPARATION OF AN ASSESSMENT ROLL; DESCRIBING PROCEDURES FOR ADOPTION OF THE ASSESSMENT ROLL AND AWARD OF BID; PROVIDING FOR PAYMENT CONDITIONS; PROVIDING FOR THE IMPOSITION OF A LIEN ON PROPERTIES ASSESSED; DESCRIBING ENTITIES SUBJECT TO ASSESSMENT; PROVIDING FOR THE CORRECTION OF ERRORS OR ADJUSTMENTS IN AND TO THE FINAL ASSESSMENT ROLL; REQUIRING THE ACQUISITION OF RIGHT-OF-WAY; AUTHORIZING ANY ALTERNATIVE METHOD OF ASSESSMENT; PROVIDING FOR THE ABANDONMENT OF BOARD-APPROVED PROJECTS; ESTABLISHING MEANS AND METHODS FOR HANDLING INVALID ASSESSMENTS; ESTABLISHING MEANS AND METHODS FOR DEALING WITH PROCEDURAL IRREGULARITIES; CREATING A NEW ARTICLE III RELATING TO TRAFFIC CALMING; AUTHORIZING THE CREATION OF SECTION III OF CHAPTER 94 OF THE PASCO COUNTY CODE OF ORDINANCES; CITING THE STATUTORY AUTHORITY AND PURPOSE FOR ENACTMENT; PROVIDING FOR A METHOD OF SPECIAL ASSESSMENTS; DESCRIBING TRAFFIC CALMING DEVICES AND MEASURES WHICH MAY BE INSTALLED OR IMPLEMENTED; DELINEATING PRE-REQUISITES AND PROCEDURES FOR INSTALLATION AND IMPLEMENTATION WITH RESPECT TO LOCATION, MINIMUM WARRANTS, AND WARRANT STUDIES; LIMITING PETITIONS FOR REMOVAL OF INSTALLED TRAFFIC CALMING DEVICES AND MEASURES; LIMITING PETITIONS FOR RE-INSTALLATION OF REMOVED TRAFFIC CALMING DEVICES; PROVIDING FOR SEVERANCE; PROVIDING FOR MODIFICATIONS THAT MAY ARISE FROM CONSIDERATION AT PUBLIC HEARING; ANDPROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Pasco County, Florida finds that appropriate revisions, amendments, and supplements to Chapter 94 of the Pasco County Code of Ordinances will serve to enhance the procedures by which special assessments are evaluated and imposed, resulting in a more equitable and efficient allocation of public resources; and
WHEREAS, the Board of County Commissioners of Pasco County, Florida finds that the excessive speeds of vehicular traffic in residential neighborhoods throughout Pasco County pose a continuing and grave risk to persons and property; and
WHEREAS, it is the intent of the Board of County Commissioners of Pasco County, Florida, to establish reasonable and uniform regulations that will protect the health, safety, and general welfare of the people of Pasco County, Florida, through the installation of devices and the implementation of methods calculated to reduce excessive vehicular speed in residential areas and otherwise to calm the flow of traffic in such areas upon the petition of interested residents; and
WHEREAS, Chapter 125 of the Florida Statutes authorizes counties to enact ordinances necessary to protect health, life, and property, and to preserve and enforce the good government, order and security of such counties and their inhabitants;
COMMISSIONERS OF PASCO COUNTY, FLORIDA, AS FOLLOWS:
1. AMENDMENT AND REVISOR. Chapter 94 of the Pasco County Code of Ordinances is hereby amended and revised as follows:
ARTICLE I. IN GENERAL
This article shall apply to future special assessments
and to all projects commenced under this article.
(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.
(32) Water and sewage
systems.
(43) Water and sewage
treatment plants.
(54) Drainage.
(65) Sidewalks.
(76) Such other services or
facilities asthat may be
deemed essential.
(b)
The board is authorized to provide for the payment (reasonably
apportioned) of the whole or part of the cost of said improvements thereof by levying and collecting special
assessments upon property deemed to specially 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.
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.
Sec. 94-4. Same – Form.
(a) The petition shall contain the following information:
(1) A
sSpecific
designation of the boundaries of the area to be improved, including a
description of the property involved;.
(2) A
sSpecific
designation of the improvements required;.
(3) A
sSpecific
statement of the total number and description of lots or parcels to be benefited
by the improvements demandedrequested.
(4) Signatures of the owners of the
land who responded to the petition and whose respective properties
arethe
property involved inlocated 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) or signers 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.
Sec. 94-5. Same – Response time and re-petition.
(a) The
county shall furnish, via first class U.S. mail, 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). 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.Property owners will be
allowed 60 calendar days to respond from the date of mailing, via first class
U.S. mail, to them the letter and petition. Those property owners who do
not respond in writing or respond late need not be considered in the
recommendations of county staff nor in the findings of the board of county
commissioners.
(b) If the
county staff determines that greater than fifty percent (50%)_ of the votes received are
not favorable, the staff may 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 fifty percent
(50%) 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.If the
county staff, after 60 calendar days, determines that:
(1) Of all the property owners to be specially assessed,
a minimum of 66 percent did not respond to the petition,
or
(2) If 66 percent or more responded, but a minimum of 51
percent who responded no to the petition,
then the
staff can determine that the petition failed and is not required to present the
petition to the county commission.
(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 be in the public interest, and addresses a specific public need within the area of
the proposed improvement. (c) If the
staff determines that the petition failed under this section, and that the
petition failed by less than five percent of subsection (b) above, then the
staff may, at its sole discretion, extend the response time for petitioning by
30 calendar days. The petition leader will be notified of the
failure.
(d) IfShould 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 request for repetition to make such improvements or provide
the services designated within this article for one year subsequent to the date
notification on which all votes are due to
be received by the county was given
on which the petition failed.
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 boardcommission, however, much first make a
finding that:
(1)
Of all the property owners to
be specially assessed, a minimum of fifty-one percent (51%) responded to the
petition;
(21) Fifty-one percent (501%) 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 be in the public interestof all property owners who did respond to the petition
responded affirmatively to the petition and deem it necessary that the county
undertake the specified improvements or provide the services designated in the
petition.;
(32) The improvements or
services designated have an ascertainable special benefit to the properties to be
assessed
property;
and
(43) The special assessment is
reasonably apportioned among
the properties that are deemed to benefit specially from the improvements.
Sec. 94-7. Initiation by county commission.
The
commission may initiate services, and/or 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 propertyies to be assessed; and
(2) The special assessment is reasonably apportioned among the properties that are deemed to benefit specially from the improvements.
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, athe resolution stating that such an a preliminary
assessment roll has been completed; that the assessment roll and is on file in the office of the county
administrator or his designee; that
the assessment roll and is open to public inspection,; and that at a
regular meeting of the
board of county commissioners,such commission 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 commissionerssuch commission will hear all interested
persons regarding the proposed assessments contained in the preliminary assessment roll;, and which shall
state,notice
shall further 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 either certified, mail or by first class mail shall be sent to
each person whose name and address is either known, or may be reasonably ascertained, identified
aswho is the owner
of record of any
lot or parcel of land proposed
for assessmentassessed, 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: him/her 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; so owned by him/her or
listed in his/her name; and of (4)
the place, date and time of the public hearing upon the assessments. as hereinabove provided.. 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,commission, nor
release or discharge any obligation for payment of a special assessment imposed
by the board of county
commissionerscommission pursuant to this
article.
Sec. 94-9. Combined pubic hearings.
(a) In those instances in which estimated
quantities and unit cost required to complete the proposed special assessment
project have beenare 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 rollproposed assessment role 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 an a preliminary assessment roll under Section
94-8 shall be followed.complied
with.
(c) With respect to quantities, unit costs and award of bids:
(1)
Quantities shall be deemed to be known by the county administrator or
his designee only in those instances where appropriate departments have
performed a 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 where the county has established unit costs
for the performance of the specified work or in which there exists a and/or
competitively bid annual contract exists
which provides for
specific unit costs or for
and/or 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 provided within the
purchasing ordinance, number 96-02
When
the board of county commissioners
decides commission shall determine 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 the
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 the 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.
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.
Sec. 94-12. Same – Adoption.
At
the time and place designated in the notice, the board of county commissioners commission 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 filed with the county administrator or his
designee prior to adoption of the resolution, or else may be deemed waived.
Sec. 94-13. Implementation of services or improvements.
Upon
passage of the resolution, the proposed project shall thereafter 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.
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 commissionerscommission shall
cause to be prepared a
preliminary
an 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.
Sec. 94-15. FinalPreliminary assessment roll and award of
bid.
(a) At the public hearing provided for above, the board of county commissionerscommission shall
either
annul, adopt or sustain 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 thesuch board
determinescommission decides each lot or parcel will
received or
will receive
by virtue of such the improvement, but shall not confirm any
assessment in excess of the special benefit to the property assessed or in excess of the flat rate
approved and adopted for such projects. The board may elect to contribute up
to 25% of the cost of any project for which special assessments may be
imposed.
(b) Immediately after the
determination by the board as to
theof special assessments as hereinbefore provided, to be imposed, the preliminary special assessment roll as sustained or
modified shall be approved as
final (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 pricebelow or above the estimated price shall 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 the
actual cost
of a paving assessment project exceededs the estimated cost it originally approved by the commission,, the special assessment billedestimated cost shall not exceed the original estimated cost of the improvements, and the preliminary assessment
roll shall become
final;be
billed to the
property owners; however, whenever the actual cost is less than the
estimated cost originally
approved by the boardcommission, the
following shall apply:
(1) If the actual unit cost for each assessed property
proves to be
is less than the
original
estimated unit cost by an amount not exceeding of $10.00 or less, the original estimated cost shall will be
billed, and the preliminary
assessment roll shall become final; or
(2) If the actual unit cost for each assessed property
proves is 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 commission approval as a final assessment roll by the board of county
commissioners, and the lesser cost shall be billed to bill the lesser cost to the property owners.
This roll will supersede the "final roll" as above
described.
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 fronting for the property benefited by the paving 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.
(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. Each year, by resolution, the board 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.
Sec. 94-17. Lien on properties assessed.Assessments to constitute a
lien.
(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. All
special assessments for any
improvements or services under the provisions of this law shall constitute liens upon the
property assessed from the date of the adoption of the final assessment roll and
award of bid. Any delinquent or unpaid assessment for any
improvements or services under the provisions of this law 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 Collection of such the special improvement assessment liens, as well as with such interest, costs, and penalties, and with reasonable attorney's' 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. may be made by foreclosure in the same manner as is
provided for the foreclosure of mortgages, and it shall be lawful to join in any
such forecose more
lots or parcels of land, by whosoever owned, upon which such liens are
delinquent, if assessed for special improvements made under the provisions
of this article.
(c) Failure to pay any
installment of principal or interest of any assessment lien within 33 calendar
days of when such installment is due will allow the county to consider all
installments or principal remaining unpaid to be forthwith due and payable with
interest due thereon at date of default; however, if foreclosure is exercised,
before the sale of the property at foreclosure, payment of the amount of such
delinquency is paid with all penalties, interest, and costs of attorney's fees,
further installments of the principal shall cease to become due and payable and
shall be due and payable at the time at which the same would be done if such
default had not occurred.
Sec. 94-18 Properties Entities 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.There
are no exemptions from
the
improvements for which special assessments are
made.
Sec. 94-19. Correction of errors or adjustments in final assessment roll.
In
case of any omission, error or mistake in generatingmaking up the final assessment roll, or in imposing liens on properties against which special assessments have been
levied, special
benefit assessment
liens, the board of county commissioners
commission 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., provided such correction
does not impose a greater special improvement assessment lien on any such lot or
parcel of land. Any such correction or adjustment which increases any such
special benefit assessment lien on any lot or parcels of land or which adds any
additional lots or parcels of land shall, in the absence of written consent by
the property owners involved, be made only by reaccomplishing each and every
procedural requirement of this article subsequent to the occurrence of such
omissions, errors or mistakes.
Sec. 94-20. Acquisition Acquirement of right-of-way
required.
No
such road or street improvement project under this ordinancearticle shall be undertaken until all
rights-of-way required for the project have been acquired.
Sec. 94-21. Alternative methods.
This
article shall be deemed to authorize any provide an additional and alternative method for
the imposition of assessments for
provision of
improvements to properties specially
benefited thereby as may be authorized and directed by the board of county
commissioners with
respect as
authorized herein and shall be regarded as additional and supplemental to the
powers conferred upon the county by other laws or
ordinances.
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 maywhich are to be
utilized in determining whether the costs of an abandoned project should be
assessed in full, reduced or
eliminated against
the properties include:
(1) Whether
the Recommendation of the county administrator
or his designee has
recommended the discontinuance of to discontinue the project for lackw of
revenue, or and/or
manpower, or both,
to complete the project;.
(2) Whether the discontinuation of the project would be of convenience to
the county;was
discontinued for the convenience of the county.
(3) Whether actual
or potential engineering, legal or fiscal problems developed,
thereby making the continuance of the project uinfeasible, impracticable, or undesirable due to
no fault of the property
owners;.
(4) Whether
collecting the assessmentsBilling for the discontinued project would ill result in
undue hardship to the subject property owners due to the high cost of the
project;.
(5) Whether
there exist other
Other
circumstances, which are
unique to the individual project,
which
would render an assessment for the
costs unduly burdensome and oppressive to property the lot owners;.
(6) Whether the assessment appears tocost incurred exceeds the special benefits each 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.
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, be 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 mayshall take all necessary steps to correct the invalidity,
including, but not limited to, causing cause 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, or against any property benefited by any improvement,
following as nearly as possible the provisions of this article, and in case such
second assessment shall be annulled, the board may obtain and make other
assessments until a valid assessment shall be made.following as nearly as
possible
the provisions of this ordinance.
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.; and nNo variance from the direction hereunder
shall be held material unless it beis 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 an a written objection with the board county
commission within 30 calendar days from the date of the adoption of
the resolution under this article, or
forever waive objection thereto.
ARTICLE III. TRAFFIC CALMING DEVICES AND MEASURES
Pursuant to the powers granted by Florida Statutes Chapter 125, the board of county commissioners is authorized to install traffic calming devices and to take related measures to enhance the safety and welfare of the public with respect to potentially dangerous vehicular traffic.
Sec. 94-31 Method of Special Assessment
Special assessments for traffic calming devices and related measures shall be made in accordance with Article I of this ordinance, with the following distinctions:
(a) The submission by five (5) homes on a street of a county-approved Citizen Service Request form shall be sufficient to initiate a warrant study by the county traffic operations division for that street.
(b) With respect to section 94-6, subparagraphs (1) and (2), the board of county commissioners must find that ninety percent (90%) of all property owners on the street(s) where traffic calming devices will be installed must respond affirmatively to the petition, and seventy-five percent (75%) of the votes received in response to the petition are in the affirmative.
Section 94-32 Traffic Calming Devices and Measures
Among the traffic calming devices that may be installed and measures that may be taken shall include, but are not limited to, the following:
1) Speed Tables;
2) Roundabouts;
3) Street narrowing;
4) Chicanes;
5) Establishment of One-Way Traffic;
6) Diverters;
7) Other devices and measures approved by the Florida Department of Transportation or the Institute of Transportation Engineers.
The type(s) of devices to be installed and the measures to be taken shall be determined by the County Engineer.
Sec. 94-33 Installation of Traffic Calming Devices and
Implementation of Traffic Calming Measures
Location. Traffic calming devices shall only be installed on local residential streets, and not on the collector or arterial road system.
Minimum Warrants. Installation of traffic calming devices and adoption of related measures shall be made only after minimum warrants for installation have been met. The minimum warrants shall be established by the County Engineer in accordance with the standards established by the Florida Department of Transportation and/or the Institute of Transportation Engineers.
Warrant Study. Upon receipt of a request to prepare a petition for the installation of traffic calming devices and/or related measures for a given residential street, the Traffic Operations Division shall conduct a warrant study. Only if the resulting study reflects that minimum warrants have been met may the county administrator or his authorized designee proceed to prepare a petition for submission to the board of county commissioners.
Sec. 94-34 Removal of Traffic Calming Devices and Measures
No petition for removal of traffic calming devices and related measures shall be considered until the devices have been in place a minimum of three (3) years. Subject to this minimum period, the procedure for petitioning for removal shall be the same general procedure used for petitions for installation.
Sec. 94-35 Re-Installation Following Removal
Once traffic calming devices or measures have been removed, no petition for re-installation shall be permitted for a period of five (5) calendar years following removal. A new warrant study shall be prepared prior to the preparation of any such petition to confirm that the requisite minimum warrants still exist.
3. SEVERANCE. It is declared to be the intent of the Board of County Commission