§ 4-7-261. Definitions.  


Latest version.
  • For the purpose of this article, words used in the singular shall include the plural, and the plural, the singular; words used in the present tense shall include the future tense. The word "shall" is mandatory and not discretionary. The word "may" is permissive. Words not defined herein shall be construed to have the meaning given by common and ordinary use as defined in the latest edition of Webster's Dictionary.

    Assessment roll means a non-ad valorem assessment roll relating to an assessment, approved by a resolution.

    Benefit area means any portion of a benefit unit (which may be the entire benefit unit) that is specially benefited by one or more specific maintenance projects.

    Benefit unit means a municipal services benefit unit established pursuant to Section 125.01, Florida Statutes.

    Board means the board of county commissioners of Charlotte County, Florida.

    Clerk means the clerk of the circuit court of Charlotte County, ex-officio clerk of the board, or any deputy clerk.

    County means Charlotte County, Florida.

    Director means the director of the public works department or his designee.

    Equivalent residential unit (ERU) means the number of residential units (single-family, mobile homes, multifamily, condominiums, etc.) within the boundaries of the unit.

    Final maintenance assessment means a non-ad valorem assessment or reassessment lawfully imposed by the county for the payment of maintenance in accordance with the terms of this article against properties specially benefited by one or more specific maintenance projects.

    Final maintenance assessment resolution means the resolution which shall confirm or deny the initial maintenance assessment resolution and which shall be the final proceeding for the imposition of a maintenance assessment.

    Initial maintenance assessment resolution means the resolution which shall be the initial proceeding for the imposition of a maintenance assessment.

    Maintenance assessment means a non-ad valorem assessment lawfully imposed by the county for the payment of maintenance costs of the unit.

    Maintenance assessment roll means a non-ad valorem assessment roll relating to maintenance costs, approved by a final maintenance assessment resolution or an annual maintenance rate resolution.

    Maintenance cost means the county's reasonable and necessary expenses for maintenance of the unit. Maintenance cost shall include but not be limited to personnel costs, administration expenses, insurance and surety bond premiums, legal and engineering expenses, ordinary and current rentals of equipment or other property, and any other expenses required to be paid for or with respect to proper maintenance of such facilities, all to the extent properly attributable to such facilities and shall include any "indirect cost" properly allocated thereto. Maintenance cost shall also include the cost of engineering, financial, legal and other consultant services and any other cost associated with the structure, implementation and collection of maintenance assessments, including any service charges of the tax collector or property appraiser and amounts necessary to offset discounts received for early payment of maintenance assessments pursuant to applicable law. With respect to any specific benefit unit, the board may elect to include as an additional element of maintenance cost a contingency amount to offset any errors in the maintenance assessment roll which, upon correction, will reduce the aggregate amount of maintenance assessments reflected therein, for the purpose of providing relief to the owners of specific parcels of property which, because of the special nature of such property, have not been assessed equitably.

    Maximum maintenance assessment rate means the maximum rate of assessment for maintenance services established by the final maintenance assessment resolution.

(Ord. No. 92-100, § 1, 11-5-92)