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Ordinance 2007-285
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Ordinance 2007-285
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Last modified
7/20/2010 10:36:22 AM
Creation date
8/17/2007 9:21:29 AM
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CityClerk-Ordinances
Ordinance Number
2007-285
Date (mm/dd/yyyy)
07/24/2007
Description
Atlantic Isle Non Ad Valorem Special Assessments
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<br />Section 9. Notice of Equalization Hearin2. <br /> <br />(A) After preparing the Preliminary Assessment Roll, the Assessment Coordinator or the City <br />Clerk shall publish notice stating that at a meeting of the Commission, the Commission will hear <br />testimony from all interested persons as to the propriety and advisability of making the Atlantic Isle <br />sanitary sewer improvements, the cost of such Improvements, the manner of paying for the <br />Improvements, funding of such Improvements with special assessments on property, and the <br />amount to be assessed against each benefited Parcel. Notice of this Equalization Hearing shall be <br />published twice in a newspaper of general circulation within Miami-Dade County. The second <br />notice shall be published at least one week prior to the hearing date. This notice may be combined <br />with publication of the Resolution Declaring Special Assessments as required under Section 170.05, <br />Florida Statutes, so long as the requirements of Section 170.07, Florida Statutes, are also fulfilled. <br />Publication of notice of the hearing on the proposed Atlantic Isle Assessments shall be verified by <br />the affidavit of the publisher, which affidavit shall be filed with the City Clerk. <br /> <br />(B) In addition to the published notice required by Subsection (A) above, the Assessment <br />Coordinator or the City Clerk shall provide notice of the proposed Assessment and Equalization <br />Hearing by first class mail to the owner of each Parcel subject to the Assessment. The mailed notice <br />shall conform to the requirements set forth in the Uniform Assessment Collection Act and Florida <br />Statutes Chapter 170. Notice shall be mailed at least 30 calendar days prior to the hearing to each <br />Parcel owner at such address as is shown in the public records of the Property Appraiser on the <br />forty-fifth calendar day prior to the date of mailing, or if such address is not publicly available, at <br />the street address of the assessed Parcel. Notice shall be deemed mailed upon delivery thereof to <br />the possession of the U.S. Postal Service. The Assessment Coordinator or the City Clerk may <br />provide proof of such notice by affidavit. <br /> <br />Section 10. Equalization Hearin2 and Adoption of Final Resolution. At the date and time <br />named in such notice, or to which an adjournment or continuance may be taken, the Commission <br />shall receive written objections and hear testimony of interested persons and may then, or at any <br />subsequent meeting of the Commission, adopt the Final Assessment Resolution which shall: (A) <br />confirm, modify or repeal the Preliminary Assessment Roll with such amendments, if any, as may <br />be deemed appropriate by the Commission; (B) establish the maximum amount of the Assessment <br />for each Benefit Unit; (C) approve the Final Assessment Roll, with such amendments as it deems <br />just and right; and (D) determine the method of collection. The Final Assessment Roll, as approved <br />by the Final Assessment Resolution, shall be delivered to the Assessment Coordinator or the Tax <br />Collector, as appropriate under the collection methodes) determined by the Commission. <br /> <br />Section 11. Effect of Adoption of Final Assessment Resolution. The adoption of the Final <br />Assessment Resolution shall be the final adjudication of the issues presented (including, but not <br />limited to, the apportionment methodology, the rate of assessment, the adoption of the Assessment <br />Roll and the levy and lien of the Assessments), unless proper steps are initiated in a court of <br />competent jurisdiction to secure relief within 30 days from the date of Commission adoption of the <br />Final Assessment Resolution. Adoption of the Final Assessment Resolution prior to the effective <br />date of this Ordinance shall not impair or modify the finality or effect of the Final Assessment <br />Resolution. <br /> <br />6 <br />
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