Miami Beach |
Code of Ordinances |
SubPart A. GENERAL ORDINANCES |
Chapter 94. SPECIAL ASSESSMENTS |
Article II. LEVY AND PAYMENT OF SPECIAL ASSESSMENTS |
§ 94-51. Adoption of final resolution.
(a)
At the time and place stated in the notice referred to in section 94-50, the city commission shall meet and receive the objections of all interested persons as stated in such notice. The commission may adjourn the hearing from time to time. After the completion thereof, the commission shall adopt the final resolution, which shall either annul or sustain or modify in whole or part the preliminary assessment as indicated on the preliminary assessment roll, either by approving the preliminary assessment and the levy of a special assessment lien against the benefited property, against any or all lots or parcels described therein or by canceling, increasing (provided such increase does not exceed the cost provided in the tentative assessment roll, plus any additional cost described in section 94-48) or reducing the same, according to the special benefits the commission shall decide each lot or parcel has received or will receive on account of such improvements.
(b)
If any property that may be chargeable under this article shall have been omitted from the preliminary assessment roll or if the preliminary assessment shall not have been made against it, the commission may, upon compliance with the procedures set forth in this article, provide for the assessment of such omitted property. The commission shall not confirm and levy any special assessment lien in excess of the special benefits to the property assessed, and the special assessment so confirmed and the special assessment lien to be levied by the adoption of the final resolution shall be in proportion to the special benefits.
(c)
Upon adoption of the final resolution, the preliminary assessment roll shall become the assessment roll. The final resolution shall be the final adjudication of the issues presented, including the levy and lien of the special assessments, and shall provide for the rate of interest the special assessments shall bear. Forthwith after adoption of the final resolution, the assessment roll shall be delivered to, and be kept by, the city clerk; and the final resolution shall be promptly recorded by the city clerk in the official records book in the office of the county clerk.
(d)
The special assessments so made shall be final and conclusive as to each lot or parcel assessed, and the adoption of the final resolution shall be the final adjudication of the issues presented unless proper steps be initiated within 20 days in a court of competent jurisdiction to secure relief; however, issues adjudicated in the approving resolution may not be disputed except as provided in section 94-46. If the special assessment against any property shall be sustained or reduced or abated by the court, the city clerk shall note that fact on the assessment roll opposite the description of the property affected thereby. The amount of the special assessment against any lot or parcel which may be reduced or abated by the court, unless the special assessment upon the entire assessed area be reduced or abated, may by resolution of the commission be made chargeable against the applicable assessed area at large, or, at the discretion of the commission a new assessment roll may be prepared and approved in the manner provided for in this chapter for the preparation and the approval of the original assessment roll.
(Ord. No. 92-2782, § 3(J), 6-17-92)