§ 2-10.4. Special or local assessments.

(a)

The city shall have power to impose special or local assessments for local improvements for the construction, reconstruction, repair, paving, repaving, hard surfacing, re-hard surfacing, widening, guttering and drainage of streets, boulevards and alleys, for grading, regrading, leveling, laying, relaying, paving, repaving, hard surfacing, and re-hard surfacing sidewalks; the construction or reconstruction of sanitary sewers, storm sewers and drains, including the necessary appurtenances thereto; the construction or reconstruction of water mains, water laterals and other water distribution facilities, including the necessary appurtenances thereto; the drainage and reclamation of wet, low or over-flowed lands; for the securing or demolition of privately owned dangerous buildings, or both, as directed by the building official and the board of adjustments and appeals; for lot clearing of privately owned land as directed by the public works director; for unpaid stormwater utility fees and waste removal fees from private property and to provide for the payment of all or any part of the costs thereof by levying and collecting special assessments on the abutting, adjoining, contiguous or specifically benefited property. Assessable costs may include, where appropriate and actually incurred, the cost of construction or reconstruction, all labor and materials, all lands, property, rights, easements and franchises acquired, financing charges, plans and specifications, surveys or estimates of costs and of revenues, engineering and legal services, and all other expenses necessary or incident to determining the feasibility or practicability of such construction or reconstruction, administrative expense and such other expenses as may be necessary or incident to the financing herein authorized.

(b)

Said assessments shall be payable at the time and in the manner determined by the city commission, and said special assessments shall remain liens, coequal with the lien of all state, county, district and municipal taxes, superior in dignity to all other liens, titles, and claims, until paid. Such assessments shall bear interest as hereinafter provided and may, by the city commission, be made payable in not more than ten (10) equal annual installments. The annual installments may be paid quarterly or semiannually by arrangement with the office of the city finance director.

(c)

As shall be determined by the city commission, special assessments shall bear interest at a rate of ten (10) per cent per annum from the date of delinquency. The date of delinquency shall be thirty (30) days after the date of levy, and the date of levy shall be the date of adoption of the resolution spreading the special assessments. With respect to special assessments for the securing or demolition of privately owned dangerous buildings, or both, as directed by the building official and the board of adjustments and appeals; for lot clearing of privately owned land as directed by the public works director; and for unpaid stormwater utility fees and waste removal fees from private property provided by city garbage and trash collection, failure to completely pay an assessment within ninety (90) days of the date of delinquency shall render the lien, including interest, subject to foreclosure as provided by law. Interest, on a principal balance unpaid after ninety (90) days from the date of delinquency shall be increased to fifteen (15) percent per annum on the unpaid principal balance. Amounts paid on delinquencies shall be credited to the interest balance owing, prior to being credited to the principal balance.

(d)

With respect to all other special assessments, except where installment payments have been provided, failure to completely pay an assessment within three (3) years of the date of delinquency shall render the lien, including interest, subject to foreclosure as provided by law. Interest on a principal balance unpaid after three (3) years from the date of delinquency shall be increased to fifteen (15) percent per annum on the unpaid principal balance. Amounts paid on delinquencies shall be credited to the interest balance owing, prior to being credited to the principal balance.

(e)

Except for stormwater utility fee and waste removal fee assessments, all other assessments shall incur an administrative fee of two hundred fifty dollars ($250.00) that shall be added to the assessment.

(f)

In the event of a default in the payment of any installment of an assessment, the whole assessment, with interest and penalties thereon, shall immediately become due and payable and subject to foreclosure. In the foreclosure of any special assessment, service of process against unknown or nonresident defendants may be had by publication, as now provided by law in other suits. The foreclosure proceedings shall be prosecuted to a sale and conveyance of the property involved in said proceedings as now provided by law in suits to foreclose mortgage; or, in the alternative, said proceedings may be instituted and prosecuted under F.S. ch. 173.

(Ord. No. 2005-13, § 1, 5-3-05)