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 inform ation:
(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 certified mail, return
receipt requested,
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). Refusal
or failure to acknowledge receipt of said notification letter shall be deemed
adequate notice and receipt for purposes of this notification requirement. 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 shall 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 address a specific 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 address specific need within the area of the
proposed improvement of 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 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 Commissioners of Pasco County, Florida, that if any section, subsection, sentence, clause, or provision of this ordinance shall be declared invalid, the remainder of this ordinance shall be construed as not having contained said section, subsection, sentence, clause, or provision, and shall not be affected by such holding.
4. MODIFICATION AFTER PUBLIC HEARING. The Board of County Commissioners may direct that modifications be made to this ordinance following public hearing(s).
5. EFFECTIVE DATE. Certified copies of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners within ten (10) days after adoption by the Board of County Commissioners, and shall take effect immediately upon filing.
ADOPTED this day of , 2002.
(S E A L)
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PASCO COUNTY, FLORIDA
BY: BY:
JED PITTMAN, CLERK ANN HILDEBRAND, CHAIRMAN
OFFICE OF THE COUNTY ATTORNEY
BY: