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Chapter 274 - Waterways (Special Acts) Chapter 274 WATERWAYS Article I. In General Secs. 274-1-274.25. Reserved. Article II. Maintenance and Dredging of Canals Sec. 274-26. Petition. Sec. 274-27. Special assessments. SA2 74:1 WATERWAYS § 274-27 ARTICLE I.IN GENERAL stating the nature of the proposed improve- ment and its location by route,termini,area Secs. 274-1-274-25. Reserved. or other appropriate means, and the por- tion of the expense thereof to be paid by special assessments, the manner in which ARTICLE II.MAINTENANCE AND said special assessments shall be made, DREDGING OF CANALS when said assessments are to be paid,what part, if any, shall be apportioned to be paid Sec. 274-26. Petition, from any other sources or funds, and said Whenever the owners of 51 percent of the front resolution shall also designate the lands footage of property abutting, adjoining or contig- upon which the special assessments shall uous to any previously constructed canal outside be levied, and in describing said lands it the limits of any municipality but within a sub- shall be sufficient to describe them as "all division of land,a plat of which has been prepared lots and lands adjoining and contiguous to and recorded according to law, shall present to such improvements or otherwise, and fur the board of county commissioners of Collier ther designated by the assessment plat here County (hereinafter called board), a petition in inafter provided for." Such resolution shall such manner and form as the said board may pre- also state the total estimated cost of the scribe,requesting that said canal be cleared,main- improvement. tained in any manner, or dredged (hereinafter (3) At the time of the adoption of the resolu- called improvements), the said board may adopt tion provided for in subsection (2) above, its resolution ordering that the work and improve- there shall be on file with the clerk of the ments described in the petition be done. circuit court of Collier County an assess- (Laws of Fla. ch. 67-1239, § 1) ment plat showing the area to be assessed, with plans and specifications, and an esti- Sec. 274-27. Special assessments. mate shall be open to the public for inspec- tionTo provide for the payment of the costs of any during regular office hours of said clerk. improvements constructed under the authority of (4) Upon the adoption of the resolution pro- this article,the board may levy and collect special vided for in subsection (2) above, the board assessments on the abutting, adjoining, contig- shall cause said resolution to be published uous, specially benefited property, in the manner in a newspaper of general circulation pub- following: lished in Collier County, Florida, one time (1) Special assessments against property by two publications one week apart. deemed to be benefited by local improve- (5) Upon the adoption of the resolution afore- ments,as above provided, shall be assessed said, the board shall cause an assessment upon the property specially benefited by the roll to be made in accordance with the improvement in proportion to the benefits method of assessment provided for in said to be derived therefrom, said special bene- resolution, which assessment roll shall be fits to be determined and prorated according completed and filed with the clerk of the to area of the respective properties spe circuit court, as ex officio clerk of the board cially benefited by said improvement or the as promptly as possible;said assessment roll footage abutting on the canal, or by such shall show the lots and lands assessed, the other method as the board may prescribe. amount of the assessment against each lot (2) When the board may determine to make or parcel of land, and if said assessment is any improvement as authorized under this to be paid in installments, the number of article and defray the whole or any part of annual installments in which the assess- the expense thereof by special assessments, ment is divided shall also be entered and the board shall so declare by resolution shown upon said assessment roll. SA274:3 §274-27 COLLIER COUNTY CODE (6) Upon the completion of said assessment roll, ized, and when so equalized and approved the board shall by resolution fix a time and by resolution of the board,such assessments place at which the owners of the property shall stand confirmed, and remain legal, to be assessed, or any other persons inter- valid and binding first liens upon the prop- ested therein,may appear before said board erty against which such assessments are and be heard as to the propriety and advis- made, until paid; provided, however, that ability of making such improvements,as to upon completion of the improvement the the cost thereof, as to the manner of pay- board shall credit to each of said assess- ment therefor and as to the amount thereof ments the difference in the assessment as to be assessed against each property so im- originally made, approved and confirmed, proved. Ten days' notice in writing of such and the proportionate part of the actual cost time and place shall be given to such prop- of said improvement by special assessments erty owners which shall be served by as finally determined upon the completion mailing a copy of such notice to each of such of said improvement, provided that in no property owners at his last known address, event shall the final assessments exceed the the names and addresses of such property amount of benefits originally assessed. owners to be obtained from the records of Promptly after such confirmation, the as- the tax assessor of Collier County, Florida, sessments shall be recorded by the clerk of proof of such mailing to be made by affi- the circuit court, as ex officio clerk of the davit of the chairman of the board,the clerk board, in a special book to be known as the of the board, or its attorney having knowl- Improvement Lien Book, which shall be a edge of the fact. Proof of mailing shall be public record, and the record of the lien in filed with the clerk of circuit court, and ex said book shall constitute prima facie'evi- officio clerk of the board, provided that dence of its validity. failure to mail any of said notices shall not (8) Said assessments shall be payable at the invalidate any of the proceedings here- time and in the manner stipulated in the under. Notice of the time and place of such resolution providing for said improvements, hearing shall also be given by two publica- and said special assessments shall remain tions, one week apart, in a newspaper of liens, co-equal with the lien of other taxes, general circulation in Collier County, superior in dignity to all other liens, titles Florida, with the last publication being at and claims, until paid, and shall bear in- least one week prior to the hearing. Said terest at a rate of six percent per annum notice shall describe in a general manner from the date of the acceptance of the im- the improvements to be constructed and ad- provement and may,by the resolution afore- vise all persons that the description of each said,be made payable in not more than ten property to be assessed and the amount to equal annual installments, plus interest as be assessed to each piece or parcel of prop- aforesaid on the balance from time to time erty may be ascertained at the office of the unpaid;provided that said assessments may clerk of the circuit court in and for said be paid without interest at any time within county. Such service by publication shall 30 days after the improvement is completed, be verified by the affidavit of the publisher and a resolution accepting the same has and filed with the clerk of the circuit court. been adopted by the board. (7) At the time and place named in the notice (9) Each annual installment provided for in provided for in subsection (5) above, the subsection (8) above shall be paid upon the board shall meet as an equalizing board to dates specified in said resolution, with in- hear and consider any and all complaints terest upon all deferred payments,until the as to such special assessments, and shall entire amount of said assessment has been adjust and equalize the said assessments paid, and upon the failure of any property on a basis such a tax assessments are equal- owner to pay any annual installment when SA274:4 WATERWAYS § 274-27 due, or any part thereof, or any annual in- terest upon deferred payments, the board shall cause to be brought the necessary legal proceedings by a bill in chancery or like procedure to enforce payment thereof,with all accrued interest,together with all legal costs incurred, including a reasonable at- torney's fee, to be assessed as part of the costs,and in the event of default in the pay- ment of any installment of an assessment, or any accrued interest on said assessment, the whole assessment with the interest thereon shall immediately become due and payable and subject to foreclosure. In the foreclosure of any special assessment ser- vice of process against unknown or nonres- ident defendants may be had by publica- tion, as now provided by law in other chancery suits.The foreclosure proceedings shall be prosecuted to a sale and convey- ance of the property involved in said pro- ceedings as now provided by law in suits to foreclose mortgages. (Laws of Fla. ch. 67-1239, § 2) SA274:5