21-011 1 ORDINANCE 21-011
2
3
4 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
5 BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 23
6 ENTITLED"TAXATION,ASSESSMENTS AND FEES"TO CREATE A
7 NEW ARTICLE VI,ENTITLED"CANAL MAINTENANCE SERVICES
8 SPECIAL ASSESSMENT', TO PROVIDE FOR THE LEVY AND
9 COLLECTION OF A CANAL MAINTENANCE SERVICES SPECIAL
10 ASSESSMENT RELATED TO CANAL MAINTENANCE SERVICES
11 WITHIN THE CITY OF BOYNTON BEACH; PROVIDING
12 DEFINITIONS AND FINDINGS; AUTHORIZING THE IMPOSITION
13 AND COLLECTION OF A CANAL MAINTENANCE SERVICES
14 SPECIAL ASSESSMENT; ESTABLISHING PROCEDURES FOR
15 NOTICE AND ADOPTION OF THE CANAL MAINTENANCE
16 SERVICES SPECIAL ASSESSMENT ROLL AND FOR CORRECTING
17 ERRORS AND OMISSIONS; PROVIDING THAT CANAL
18 MAINTENANCE SERVICES SPECIAL ASSESSMENTS CONSTITUTE
19 A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF THE
20 CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENT ROLL;
21 ESTABLISHING PROCEDURES AND METHODS FOR THE
22 COLLECTION OF A CANAL MAINTENANCE SERVICES SPECIAL
23 ASSESSMENT;ESTABLISHING THE PRIORITY OF THE LIEN OVER
24 PRIOR RECORDED LIENS OR MORTGAGES; PROVIDING FOR
25 SEVERABILITY, CONFLICTS, CODIFICATION, AND AN
26 EFFECTIVE DATE.
27
28 WHEREAS, canals in the City provide needed drainage for properties and access
29 to public waterways that benefit the general public; and,
30
31 WHEREAS, certain properties adjacent to the canals receive benefits greater than
32 those of the general public through direct access from the real properties that provide
33 routes to public waterways,and direct drainage of those properties into the canals and then
34 the public waterways that provide drainage to real properties; and,
35
36 WHEREAS, if canals are not properly maintained, they can be overcome with
37 vegetation that impedes use and access of those canals by adjacent property owners and
38 the public,and could adversely affect the ability of the canals to provide drainage for real
39 properties in the areas of the affected canals; and,
40
41 WHEREAS, control of canal aquatic overgrowth aids in controlling downstream
42 obstruction of drainage and diminishing health and safety issues associated with the
43 overgrowth of weeds such as but not limited to the improving water flow to reduce
44 mosquito and vermin infestation;and,
45
46 WHEREAS, the City has the expertise and ability to provide Canal Maintenance
47 Services for canals within the City in order to ensure that adjacent properties are able to
48 access and use the canals, and drainage from those properties as well as other properties
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49 in the area are not adversely affected by canals that are not properly maintained and may
50 be overcome with vegetation; and,
51
52 WHEREAS, the City Commission believes that that it is fair and reasonable that
53 properties that receive benefits of a type or degree different from the benefits to the general
54 public pay the City's costs of providing those Canal Maintenance Services through a valid
55 special assessment; and,
56
57 WHEREAS, the City Commission finds it in the best interest and the health and
58 safety of the City to adopt this ordinance to authorize Canal Maintenance Special
59 Assessments, and provide for the process of levying and collecting them from Assessed
60 Properties.
61
62 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
63 BEACH, FLORIDA:
64
65 Section 1. The foregoing"WHEREAS"clauses are hereby ratified and confirmed
66 as being true and correct and made a specific part of this Ordinance by this reference.
67 Section 2. Chapter 23,entitled"Taxation,Assessments and Fees," is amended to
68 create a new Article VI, entitled "Canal Maintenance Special Assessment," Sections 23-
69 60 through 23-80, of the City's Code of Ordinances. as follows:
70
71 SECTION 23-60. DEFINITIONS. When used in this Article, the following
72 terms shall have the following meanings, unless the context clearly requires otherwise:
73 "Annual Assessment Resolution" means the Resolution described in Section 23-
74 71 hereof,approving a Canal Maintenance Services Special Assessment Roll for a specific
75 Fiscal Year.
76 "Assessed Property" means all parcels of real property included on the Canal
77 Maintenance Services Special Assessment Roll that receive a special benefit from the
78 Canal Maintenance Services identified in an Annual Assessment Resolution.
79 "Canal Maintenance Services" means services provided by the City in the Canal
80 Maintenance Services Area, such as de-weeding and similar actions, but not dredging, to
81 prevent the canals from becoming clogged with vegetation, allow for vessel movement.,
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82 eliminate obstruction to the free-flow of storm water runoff, and reduce health and safety
83 risks associated with the proliferation of unwanted invasive aquatic vegetation.
84 "Canal Maintenance Services Area" means the area of the City defined in the
85 Initial Assessment Resolution and the Preliminary Assessment Resolution that receive
86 Canal Maintenance Services
87 "Canal Maintenance Services Special Assessment" means a special assessment
88 imposed by the City upon Assessed Properties within the City to fund the City's provision
89 of Canal Maintenance Services that benefit such properties.
90 "Canal Maintenance Services Special Assessment Roll"means the roll created that
91 includes all parcels within the City and their assigned Canal Maintenance Services Special
92 Assessment relating to Canal Maintenance Services approved by a Final Assessment
93 Resolution or an Annual Assessment Resolution pursuant to Sections 23-69 and 23-71
94 hereof.
95 "Canal Maintenance Services Cost" means the estimated amount for any Fiscal
96 Year of all expenditures and reasonable reserves that are properly attributable to the Canal
97 Maintenance Services Assessed Properties within the City under generally accepted
98 accounting principles, including, without limiting the generality of the foregoing,
99 reimbursement to the City for any moneys advanced for the Canal Maintenance Services,
100 and costs associated with levying the special assessment, including, but not limited to,
101 legal and administrative fees,and charges for services provided by the Palm Beach County
102 Property Appraiser and Palm Beach County.
103 "City"means City of Boynton Beach, Florida.
104 "City Manager"' means the City Manager of the City, or such person's designee.
105 "City Commission"means the City Commission for the City.
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106 "Clerk" means the City Clerk, or such other person as may be duly authorized to
107 act on such person's behalf.
108 "Final Assessment Resolution" means the Resolution described in Section 23-69
109 hereof, which shall confirm, modify, or repeal the Initial Assessment Resolution and
110 which shall be the final proceeding for the imposition of the initial Canal Maintenance
1 I 1 Services Special Assessment.
112 "Fiscal Year" means the period commencing on October 1 of each year and
113 continuing through the next succeeding September 30, or such other period as may be
114 prescribed by law as the fiscal year for the City.
115 "Initial Assessment Resolution"means the Resolution described in Section 23-65
116 hereof,which shall be the initial proceeding for the imposition of the Canal Maintenance
117 Services Special Assessment.
118 "Ordinance" means this Canal Maintenance Services Special Assessment
119 Ordinance as amended from time to time, codified as Chapter 23,Article VI of the City's
120 Code of Ordinances.
121 "Preliminary Assessment Resolution" means the Resolution described in Section
122 23-70 hereof, which sets forth the preliminary assessment rates for the upcoming fiscal
123 year,establishes the public hearing, and other related matters.
124 "Property Appraiser"means the Palm Beach County Property Appraiser.
125 "Tax Collector"means the Tax Collector of Palm Beach County.
126 "Tax Roll"means the real property ad valorem tax assessment roll maintained by
127 the Property Appraiser for the purpose of the levy and collection of ad valorem taxes.
128 "Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635,
129 Florida Statutes, or any successor statutes authorizing the collection of non-ad valorem
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130 assessments on the same bill as ad valorem taxes, and any applicable regulations
131 promulgated thereunder.
132 SECTION 23-61. INTERPRETATION. Unless the context indicates
133 otherwise,words importing the singular number include the plural number and vice versa;
134 the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to
135 this Ordinance; and the term "hereafter" means after, and the term "heretofore" means
136 before,the effective date of this Ordinance. Words of any gender include the correlative
137 words of the other genders, unless the context indicates otherwise.
138 SECTION 23-62. GENERAL FINDINGS. It is hereby ascertained,
139 determined,and declared that:
140 (A) Pursuant to Article VIII, Section 2(b), Florida Constitution, and Sections
141 166.021 and 166.041,Florida Statutes,the City has all powers of local self-government to
142 perform municipal functions and render municipal services except when prohibited by
143 law,and such power may be exercised by the enactment of legislation in the form of City
144 ordinances.
145 (B) The City Commission may exercise any governmental, corporate, or
146 proprietary power for a municipal purpose except when expressly prohibited by law, and
147 the City Commission may legislate on any subject matter on which the Florida Legislature
148 may act, except those subjects described in (a), (b), (c), and (d) of Section 166.021(3),
149 Florida Statutes. The subject matter of paragraphs (a), (b), (c), and (d) of Section
150 166.021(3), Florida Statutes, are not relevant to the imposition of Canal Maintenance
151 Services Special Assessments by the City.
152 (C) The purpose of this Ordinance is to (1) provide procedures and standards
153 for the imposition of Canal Maintenance Services Special Assessments under the
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154 constitutional and statutory power of the City; (2) authorize a procedure for the funding
155 of Canal Maintenance Services provided to Assessed Properties within the City; and (3)
156 legislatively determine the special benefit provided to Assessed Properties from the Canal
157 Maintenance Services.
158 SECTION 23-63. LEGISLATIVE DECLARATIONS OF SPECIAL
159 BENEFIT. It is hereby ascertained and declared that the Canal Maintenance Services
160 provide a special benefit to the Assessed Property based upon the following legislative
161 determinations:
162 (A) The recipients of the City's canal maintenance program will enjoy
163 protection and enhancement of public health and safety by the provision of reliable and
164 effective canal maintenance services,and enrichment of property value and minimization
165 of potential liability attendant with the use of the Assessed Property.
166 (B) The special benefits received by Assessed Property include:
167 1. the removal and disposal of weeds and other growths in the canals
168 adjacent to the Assessed Properties which, if allowed to proliferate creates downstream
169 obstruction of drainage and health and safety issues associated with the overgrowth of
170 weeds , such as, but not limited to the increase of mosquitos and vermin;
171 2. the prevention of canals from becoming clogged with vegetation;
172 allowing for vessel movement;
173 3. eliminating obstructions to the free-flow of storm water runoff;and
174 reducing health and safety risks associated with the proliferation of unwanted invasive
175 aquatic vegetation;
176 4. potential reduction in vermin and dangerous wildlife that may
177 otherwise be present in unmaintained canals;
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178 all of which, while incidentally benefitting the public, provides benefits different in type
179 and degree from benefits provided to the community as a whole and ensures that use of
180 the Assessed Properties are not adversely affected by unmaintained canals
181 SECTION 23-64. CANAL MAINTENANCE SERVICES ASSESSMENTS.
182 (A) The City Commission is hereby authorized to impose Canal Maintenance
183 Services Special Assessments against Assessed Property located within the City. The
184 Canal Maintenance Services Cost may be assessed against Assessed Properties within the
185 Canal Maintenance Services Area(s)at a rate of assessment based upon the special benefit
186 accruing to such property from the Canal Maintenance Services provided by the City.
187 SECTION 23-65. INITIAL ASSESSMENT RESOLUTION. The initial
188 proceeding for imposition of the Canal Maintenance Services Special Assessments shall
189 be the City Commission's adoption of an Initial Assessment Resolution. The Initial
190 Assessment Resolution shall (A) describe the Canal Maintenance Services proposed for
191 funding from the proceeds of the Canal Maintenance Services Special Assessments; (B)
192 estimate the Canal Maintenance Services Cost; (C) describe the proposed method of
193 apportioning the Canal Maintenance Services Cost among the Assessed Properties, as
194 applicable, such that the owner of any parcel of property can objectively determine the
195 amount of the Canal Maintenance Services Special Assessments upon the Assessed
196 Property; and (D) include specific legislative findings that recognize the equity provided
197 by the apportionment methodology and specific legislative findings that recognize the
198 special benefit provided by the Canal Maintenance Services.
199 SECTION 23-66. CANAL MAINTENANCE SERVICES SPECIAL
200 ASSESSMENT ROLL
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201 (A) The City Manager shall prepare, or direct the preparation of,a preliminary
202 Canal Maintenance Services Special Assessment Roll that contains the following
203 information:
204 (1) a summary description of each parcel of property (conforming to the
205 description contained on the Tax Roll) subject to the Canal Maintenance Services Special
206 Assessment.,
207 (2) the name of the owner of record of each parcel as shown on the Tax Rolli
208 and
209 (3) the estimated Canal Maintenance Services Special Assessment to become
210 due in the Fiscal Year.
211 (B) Copies of the Initial Assessment Resolution and the preliminary Canal
212 Maintenance Services Special Assessment Roll shall be on file in the office of the City
213 Clerk and open to public inspection. The foregoing shall not be construed to require that
214 the Canal Maintenance Services Special Assessment Roll be in printed form if the amount
215 of the Canal Maintenance Services Special Assessment for each parcel of property can be
216 determined by use of a computer terminal available for use by the public.
217 SECTION 23-67. NOTICE BY PUBLICATION. The City Manager shall
218 cause to be published once in a newspaper of general circulation within the City a notice
219 stating that a public hearing of the City Commission will be held on a certain day and
220 hour, not earlier than twenty (20) calendar days from such publication, at which hearing
221 the City Commission will receive written comments and hear testimony from all interested
222 persons regarding adoption of the Final Assessment Resolution in the initial year and
223 Annual Assessment Resolution in subsequent years, and approval of the Canal
224 Maintenance Services Special Assessment Roll. Notwithstanding that the City may use a
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225 different collection procedure in any fiscal year,the published notice shall conform to the
226 requirements set forth in the Uniform Assessment Collection Act for purposes of the Canal
227 Maintenance Services Special Assessment.
228 SECTION 23-68 NOTICE BY MAIL. In addition to the published notice
229 required by Section 23-67, the City Manager shall cause to be provided notice of the
230 proposed Canal Maintenance Services Special Assessments to the owner of each parcel of
231 property subject to the Canal Maintenance Services Special Assessments. The form of
232 such notice shall conform to the requirements set forth in the Uniform Assessment
233 Collection Act, notwithstanding that the City may use a different collection procedure in
234 any fiscal year. The notice shall be mailed by first class mail at least twenty(20)calendar
235 days prior to the hearing to each property owner, at such address as is shown on the Tax
236 Roll at the time the notices are prepared for mailing. Notice shall be deemed mailed upon
237 delivery thereof to the possession of the U.S. Postal Service. Should the City utilize the
238 Uniform Assessment Collection Act, it may provide notice by use of the Annual Truth in
239 Millage Notice when such is permitted by the Act. Failure of the owner to receive such
240 notice due to mistake or inadvertence shall not affect the validity of the Canal Maintenance
241 Services Special Assessment Roll nor release or discharge any obligation for the payment
242 of a Canal Maintenance Services Special Assessment imposed by the City Commission
243 pursuant to this Ordinance.
244 SECTION 23-69. FINAL ASSESSMENT RESOLUTION. In the initial year
245 of the Canal Maintenance Services Special Assessment,at the time named in such notice,
246 or such time to which an adjournment or continuance may be taken,the City Commission
247 shall receive written objections and hear testimony of interested persons and may then,or
248 at any subsequent meeting of the City Commission, adopt the Final Assessment
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249 Resolution which shall (A) confirm, modify, or repeal the Initial Assessment Resolution
250 with such amendments, if any, as may be deemed appropriate by the City Commission;
251 (B) approve the Canal Maintenance Services Special Assessment Roll, with such
252 amendments as it deems just and right; and (C) determine the method of collection. All
253 objections to adoption of the Final Assessment Resolution shall be made in writing, and
254 filed with the Clerk at or before the time or adjourned time of such hearing.
255 SECTION 23-70. PRELIMINARY RATE RESOLUTION. Prior to the adoption
256 of the Annual Assessment Resolution pursuant to Section 23-71 herein, the City
257 Commission shall adopt a Preliminary Assessment Resolution, which shall include
258 without limitation:
259 (A) A brief description of the Canal Maintenance Services to be provided by
260 the City;
261 (B) The amount of the cost of providing Canal Maintenance Services to be
262 assessed upon specially benefited properties within the City;
263 (C) Setting forth the date, time and location for the City Commission to
264 consider public comments on the adoption of the Annual Assessment Rate Resolution;
265 (D) Directing the City Manager to update the Assessment Roll: and,
266 (E) Directing the requisite notice be provided to affected property owners for
267 a public hearing to adopt the Annual Assessment Resolution.
268 SECTION 23-71. ANNUAL ASSESSMENT RESOLUTION. During its
269 budget adoption process, the City Commission shall adopt an Annual Assessment
270 Resolution for each Fiscal Year following adoption of the Final Assessment Resolution.
271 The Final Assessment Resolution shall constitute the Annual Assessment Resolution for
272 the initial Fiscal Year. The Annual Assessment Resolution shall approve the Canal
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273 Maintenance Services Special Assessment Roll for such Fiscal Year. The Canal
274 Maintenance Services Special Assessment Roll shall be prepared in accordance with the
275 Preliminary Rate Resolution, as confirmed or amended by the Annual Assessment
276 Resolution.The City shall provide notice to the owner of such property in accordance with
277 Sections 23-67 and 23-68 hereof and conduct a public hearing prior to adoption of the
278 Annual Assessment Resolution; provided that should the City use the Uniform
279 Assessment Collection Act,a public hearing is necessary only when such is required under
280 the Act. Failure to adopt an Annual Assessment Resolution during the budget adoption
281 process for a Fiscal Year may be cured at any time.
282 SECTION 23-72. EFFECT OF FINAL OR ANNUAL ASSESSMENT
283 RESOLUTIONS.The adoption of the Final Assessment Resolution or Annual Assessment
284 Resolution shall be the final adjudication of the issues presented(including,but not limited
285 to, the apportionment methodology, the rate of assessment, the adoption of the Canal
286 Maintenance Services Special Assessment Roll and the levy and lien of the Canal
287 Maintenance Services Special Assessments), unless proper steps are initiated in a court of
288 competent jurisdiction to secure relief within twenty (20) days from the date of City
289 Commission adoption of the Final Assessment Resolution or Annual Assessment
290 Resolution. The Canal Maintenance Services Special Assessments for each Fiscal Year
291 shall be established upon adoption of the Final Assessment Resolution or Annual
292 Assessment Resolution. The Canal Maintenance Services Special Assessment Roll, as
293 approved by the Final Assessment Resolution or Annual Assessment Resolution shall be
294 delivered to the Tax Collector or such other official as the City Commission, by
295 Resolution, deems appropriate.
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296 SECTION 23-73. LIEN OF CANAL MAINTENANCE SERVICES
297 SPECIAL ASSESSMENTS.
298 (A) Upon adoption of the Final Assessment Resolution or Annual Assessment
299 Resolution for each Fiscal Year, the Canal Maintenance Services Special Assessment to
300 be collected under the Uniform Assessment Collection Act shall constitute a lien against
301 Assessed Property equal in rank and dignity with the liens of all state, county, district, or
302 municipal taxes and other non-ad valorem assessments. Except as otherwise provided by
303 law, such lien shall be superior in dignity to all other prior liens, titles and claims, until
304 paid. The lien shall be deemed perfected upon adoption by the City Commission of the
305 Final Assessment Resolution or Annual Assessment Resolution and shall attach to the
306 property included on the Canal Maintenance Services Special Assessment Roll as of the
307 prior January 1,the lien date for ad valorem taxes.
308 (B) For Canal Maintenance Services Special Assessments to be collected under
309 the alternative method of collection provided in Section 23-75, the adoption of the Final
310 Assessment Resolution or Annual Assessment Resolution shall constitute a lien against
311 Assessed Property equal in rank and dignity with the liens of all state, county, district or
312 municipal taxes and other non-ad valorem assessments. Except as otherwise provided by
313 law. such lien shall be superior in dignity to all other prior liens, titles and claims, until
314 paid. The lien shall be deemed perfected on the date notice thereof is recorded in the
315 Official Records of Palm Beach County,Florida.
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316 SECTION 23-74. METHOD OF COLLECTION OF CANAL
317 MAINTENANCE SERVICES SPECIAL ASSESSMENTS. Unless directed otherwise by
318 the City Commission, the Canal Maintenance Services Special Assessment shall be
319 collected pursuant to the Uniform Assessment Collection Act, and the City shall comply
320 with all applicable provisions thereof. Any hearing or notice required by this Ordinance
321 may be combined with any other hearing or notice required by the Uniform Assessment
322 Collection Act.
323 SECTION 23-75. ALTERNATIVE METHOD OF COLLECTION OF THE
324 CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENT. In lieu of using the
325 Uniform Assessment Collection Act,the City may elect to collect the Canal Maintenance
326 Services Special Assessment by any other method which is authorized by law or under an
327 alternative collection method provided by this Section. For Canal Maintenance Services
328 Special Assessments collected by the City by alternative method pursuant to this Section:
329 (A) The City shall have the right to record a lien for unpaid assessments
330 collected pursuant to this Section in the public records of Palm Beach County,Florida.
331 (B) The City shall have the right to appoint or retain an agent to foreclose and
332 collect all delinquent Canal Maintenance Services Special Assessments in the manner
333 provided by law. A Canal Maintenance Services Special Assessment collected pursuant
334 to this Section shall become delinquent if it is not paid within thirty (30) days from the
335 date any payment is due. In the event the City exercises its rights to foreclose and collect
336 a delinquent Canal Maintenance Services Special Assessment, the City or its agent shall
337 notify any property owner who is delinquent in payment of his or her Canal Maintenance
338 Services Special Assessment within sixty (60) days from the date the Canal Maintenance
339 Services Special Assessment was due. Such notice shall state in effect that the City or its
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340 agent will initiate a foreclosure action and cause the foreclosure of such property subject
341 to a delinquent Canal Maintenance Services Special Assessment in a method now or
342 hereafter provided by law for foreclosure of mortgages on real estate, or otherwise as
343 provided by law.
344 (C) All costs, fees and expenses, including reasonable attorney fees and title
345 search expenses related to any foreclosure action as described herein shall be included in
346 any judgment or decree rendered therein.At the sale pursuant to decree in any such action,
347 the City may be the purchaser to the same extent as an individual person or corporation.
348 All delinquent property owners whose property is foreclosed shall be liable for an
349 apportioned amount of reasonable costs and expenses incurred by the City and its agents,
350 including reasonable attorney fees, in collection of such delinquent Canal Maintenance
351 Services Special Assessments and any other costs incurred by the City as a result of such
352 delinquent Canal Maintenance Services Special Assessments including,but not limited tot
353 costs paid for draws on a credit facility and the same shall be collectible as a part of or in
354 addition to,the costs of the action.
355 (D) In lieu of foreclosure, any delinquent Canal Maintenance Services Special
356 Assessment and costs,fees,and expenses attributable thereto,may be rolled into the Canal
357 Maintenance Special Assessment for such parcel in a subsequent fiscal year.
358 (E) In lieu of foreclosure, any delinquent Canal Maintenance Services Special
359 Assessment and the costs, fees and expenses attributable thereto, may be collected
360 pursuant to the Uniform Assessment Collection Act;provided however,that(1)notice is
361 provided to the owner in the manner required by law and this Ordinance; and (2) any
362 existing lien of record on the affected parcel for the delinquent Canal Maintenance
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363 Services Special Assessment is supplanted by the lien resulting from certification of the
364 Canal Maintenance Services Special Assessment Roll to the Tax Collector.
365 SECTION 23-76. REVISIONS TO CANAL MAINTENANCE SERVICES
366 SPECIAL ASSESSMENTS. If any Canal Maintenance Services Special Assessment
367 made under the provisions of this Ordinance is either in whole or in part annulled,vacated
368 or set aside by the judgment of any court, or if the City Commission is satisfied that any
369 such Canal Maintenance Services Special Assessment is so irregular or defective that the
370 same cannot be enforced or collected,or if the City Commission has failed to include any
371 property on the Canal Maintenance Services Special Assessment Roll that should have
372 been so included, the City Commission may take all necessary steps to impose a new
373 Canal Maintenance Services Special Assessment against any such property, following as
374 nearly as may be practicable the provisions of this Ordinance and in case such second
375 Canal Maintenance Services Special Assessment is annulled, the City Commission may
376 obtain and impose other Canal Maintenance Services Special Assessments until a valid
377 Canal Maintenance Services Special Assessment is imposed.
378 SECTION 23-77. PROCEDURAL IRREGULARITIES. Any irregularity in
379 the proceedings in connection with the levy of any Canal Maintenance Services Special
380 Assessment under the provisions of this Ordinance shall not affect the validity of the same
381 after the approval thereof, and any Canal Maintenance Services Special Assessment as
382 finally approved shall be competent and sufficient evidence that such Canal Maintenance
383 Services Special Assessment was duly levied,that the Canal Maintenance Services Special
384 Assessment was duly made and adopted, and that all other proceedings adequate to such
385 Canal Maintenance Services Special Assessment were duly had, taken and performed as
386 required by this Ordinance; and no variance from the directions hereunder shall be held
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387 material unless it be clearly shown that the party objecting was materially injured thereby.
388 Notwithstanding the provisions of this Section, any party objecting to a Canal
389 Maintenance Services Special Assessment imposed pursuant to this Ordinance must file
390 an objection with a court of competent jurisdiction within the time periods prescribed in
391 Section 23-72 of this Ordinance.
392 SECTION 23-78. CORRECTION OF ERRORS AND OMISSIONS.
393 (A) No act of error or omission on the part of the City Commission, City
394 Manager, Property Appraiser, Tax Collector, City Clerk, or their respective deputies,
395 employees or designees, shall operate to release or discharge any obligation for payment
396 of any Canal Maintenance Services Special Assessment imposed by the City Commission
397 under the provisions of this Ordinance.
398 (B) The assessment amount on any Assessed Property may be corrected at any
399 time by the City Manager when an error is confirmed.Any such correction which reduces
400 a Canal Maintenance Services Special Assessment shall be considered valid from the date
401 on which the Canal Maintenance Services Special Assessment was imposed and shall in
402 no way affect the enforcement of the Canal_Maintenance Services Special Assessment
403 imposed under the provisions of this Ordinance. Any such correction which increases a
404 Canal Maintenance Services Special Assessment, or imposes a Canal Maintenance
405 Services Special Assessment on omitted property, shall first require notice to the affected
406 owner in the manner described in Section 23-68 hereof,providing the date,time and place
407 that the City Commission will consider confirming the correction and offering the owner
408 an opportunity to be heard.
409 (C) After the Canal Maintenance Services Special Assessment Roll has been
410 delivered to the Tax Collector, any changes, modifications or corrections thereto shall be
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411 made in accordance with the procedures applicable to errors and insolvencies for ad
412 valorem taxes.
413 SECTION 23-79. APPLICABILITY. This Ordinance and the City's authority
414 to impose the Canal Maintenance Services Special Assessment pursuant hereto shall be
415 applicable within Canal Maintenance Services Areas throughout the City.
416 SECTION 23-80. ALTERNATIVE METHOD. This Ordinance shall be
417 deemed to provide an additional and alternative method for the completing the tasks set
418 forth herein,and shall be regarded as supplemental and additional to powers conferred by
419 other laws,and shall not be regarded as in derogation of any powers now existing or which
420 may hereafter come into existence.This Ordinance,being necessary for the welfare of the
421 inhabitants of the City, shall be liberally construed to effect the purposes hereof.
422 Section 3. Codification. It is the intention of the City Commission that the
423 provisions of this Ordinance shall become a part of the City's Code of Ordinances, as
424 amended.The provisions of this Ordinance may be renumbered or re-lettered and the word
425 "ordinance" may be changed to "section," "article" or other appropriate word to
426 accomplish such intention.
427 Section 4. Severability. The provisions of this Ordinance are severable, and if
428 any section, subsection, sentence, clause or provision is held invalid by any court of
429 competent jurisdiction, the remaining provisions of this Ordinance shall not be affected
430 thereby.
431 Section 5. Conflicts.All ordinances or parts of ordinances,resolutions or parts of
432 resolutions, in conflict herewith are hereby repealed to the extent of such conflict.
433 Section 6. Effective Date: This Ordinance shall become effective
434 immediately upon adoption.
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435 FIRST READING this 69 day of April,2021.
436
437SECOND, FINAL READING AND PASSAGE this i ((-) dayof
438 6,0=A , 2021.
439 11
440 CITY OF BOYNTON BEACH, FLORIDA
441
442 YES NO
443 ✓
444 Mayor—Steven B. Grant
445
446 Vice-Mayor—Ty Penserga
447
448 Commissioner—Justin Katz ✓
449
450 Commissioner— Woodrow L. Hay ✓
451
452 Commissioner—Christina L.Romelus
453
454 VOTE
455
456 ATTEST:
457
458
459 '/ti at/
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460 Tammy Stanzio e
461 Deputy City C erk
462
463
464
465 (Corporate Seal)
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