Ordinance 2007-285 - Laserfiche WebLink

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Section 12. Prepayment of Assessments. (A) The Assessment imposed against any Parcel of property to fund the Improvements may be prepaid as provided for in the Final Assessment Resolution. (B) At the City's election, the Assessment imposed against any Parcel may be subject to acceleration and mandatory prepayment if at any time the payment of the Assessment or any installment thereof, becomes delinquent or a tax certificate has been issued and remains outstanding in respect of such Parcel. In such event, the mandatory prepayment shall become immediately due and payable and subject to foreclosure, and the amount thereof shall be the same as that required for an optional prepayment authorized by the Final Assessment Resolution, together with any penalties thereon and all legal costs incurred in the collection thereof. Interest costs on the Assessment shall continue to accrue until the Assessment is paid in full. Any foreclosure action against such property which is the subject of a delinquent Assessment shall be conducted in a method now or hereafter provided by law for foreclosure of mortgages on real estate, or otherwise as provided by law. (C) The amount of all prepayments computed in accordance with the Final Assessment Resolution shall be final. The City shall not be required to refund any portion of a prepayment if annual Assessments will not be imposed for the full number of years anticipated at the time of such prepayment. Section 13. Lien of Assessments. Immediately upon adoption of the Final Assessment Resolution, the total Assessment, including interest, shall attach to the Parcels included on the Final Assessment Roll and shall constitute, and shall remain until paid, a lien against the assessed property coequal in rank and dignity with the lien of all state, county, district and municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. The lien shall be deemed perfected on the date a general notice of the lien resulting from imposition of the Assessments is recorded in the Official Records of Miami-Dade County, Florida. Section 14. Revisions to Assessments. If any Assessment made under the provisions of this Ordinance is either in whole or in part annulled, vacated or set aside by the judgment of any court, or if the Commission is satisfied that any such Assessment is so irregular or defective that the same cannot be enforced or collected, or if the Commission has omitted to include any property on the Assessment Roll which property should have been so included, the Commission may take all necessary steps to impose a new Assessment against any property specially benefited by the, following as nearly as may be practicable, the provisions of this Ordinance and in case such second Assessment is annulled, the Commission may obtain and impose other Assessments until a valid Assessment is imposed. Section 15. Presumption ofValiditv. Any informality or irregularity in the proceedings in connection with the levy of any Assessment under the provisions of this Ordinance shall not affect the validity of the same after the approval thereof, and any Assessment as finally approved shall be competent and sufficient evidence that such Assessment was valid and duly levied, that the Assessment was duly made and adopted, and that all other proceedings adequate to such Assessment were duly had, taken and performed as required by this Resolution; and no variance from the directions hereunder shall be held material unless it be clearly shown that the party 7