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Ordinance 07-2016 Assessments•''� 1 1' AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 90, PUBLIC IMPROVEMENTS; AT ARTICLE II, SPECIAL ASSESSMENTS; DIVISION 2, GENERAL PROVISIONS; SECTION 90-49, CORRECTION OF ERRORS AND OMISSIONS; BY AMENDING PARAGRAPH (c), TO INCLUDE PROVISION ALLOWING FOR THE APPEAL OF THE DECISION OF THE TOWN MANAGER IN REGARD TO ALLEGED ERRORS IN APPLYING THE ASSESSMENT APPORTIONMENT METHOD TO ANY PARTICULAR PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 90, Public Improvements; Article II, Special Assessments; Division 2, General Provisions; Section 90-49, Correction of Errors and Omissions, at subparagraph (c) to read as follows: (a) No act of error or omission on the part of the property appraiser, tax collector, town manager, town council, their deputies, employees, or designees, shall operate to release or discharge any obligation for payment of an assessment imposed by the town council under the provision of this article. (b) When it shall appear that any assessment should have been imposed under this article against a lot or parcel of property specially benefited by the provision of a service, facility, program, or local improvement, but such property was omitted from the assessment roll, the town council may, upon provision of appropriate notice as set forth in this article, impose the applicable assessment for the fiscal year in which such error is discovered, in addition to the applicable assessment due for the prior two fiscal years. Such total assessment shall become delinquent if not fully paid upon the expiration of 60 days from the date of the adoption of said resolution. The assessment so imposed shall constitute a lien against such property equal in rank and dignity with the liens of all state, county, district, or municipal taxes and special assessments, and superior in rank and dignity to all other prior liens, mortgages, titles and claims in and to or against the real property involved and may be collected as provided in division 6 hereof. (c) The town manager shall have the authority at any time, upon his or her own initiative or in response to a timely filed petition from the owner of any assessed property, to correct any error in applying the assessment apportionment method to any particular property not otherwise requiring the provision of notice pursuant to the Uniform Assessment Collection Act. Any such correction that reduces an assessment shall be considered valid ab initio and shall in no way affect the enforcement of the assessment imposed under the provisions of this article. Any such correction which increases an assessment or imposes an assessment on omitted property shall first require notice to the affected owner in the manner described in sections 90-65 and 90-85 hereof, as applicable, providing the date, time and place that the town council will consider confirming the correction and offering the owner an opportunity to be heard. All requests from affected property owners for any such changes, modifications or corrections shall be referred to, and processed by, the town manager and not, the property appraiser or tax collector. In the event the Town Manager, in response to a timely filed petition from the owner of any assessed property, fails to correct any alleged error applying the assessment apportionment method to any particular property, which correction would have reduced the assessment relating to that property, the petitioner may, within ten (10) days of the written decision of the Town Manager file in writing with the Town Clerk a notice of appeal setting forth the reasons for the appeal, whereupon the Town Council; within forty-five (45) days of the filing of the written notice, shall, at a duly noticed public hearing, consider and act upon the appeal. (d) After the assessment roll has been delivered to the tax collector in accordance with the Uniform Assessment Collection Act, any changes, modifications, or corrections thereto shall be made in accordance with the procedures applicable to correcting errors and insolvencies on the tax roll upon timely written request and direction of the town manager. Ordinance No. 07-2016 Page 2 of 4 Section 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Palm Beach. Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. Ordinance No. 07-2016 Page 3 of 4 PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach on first reading this 12th day of April, 2016, and for second and final reading on this 10th day of May, 2016. sus'an.A. Owens, MMC, Town Clerk Michael J. ucillo, Tow until President j V �- Richard M. Kleid, Council President P - Tem Bobbie Lindsay, Town CQ nc' Member a Danielle H. Moore, Town Council Member Marga t A. ZeidMan, Town Council Member