§ 24-40.10. Correction of errors in assessments; presumption of validity.


Latest version.
  • (a)

    In case the actual cost of an improvement is less than the estimate used in levying special assessment liens, in case of any omission, error or mistake in preparing or adopting the special assessment roll imposing special assessment liens or in issuing special assessment lien certificates, the board of county commissioners may correct such omission, errors or mistakes, provided such correction does not impose a greater special assessment lien on any lot or parcel and does not establish a lien on any lots or parcels not included in the special assessment roll. Any such correction that increases the special assessment lien on any lot or parcel or that adds any additional lots or parcels shall be made only after notice and hearing provided as for the adoption of the special assessment roll, unless consent of the affected property owners is given in writing. Any corrections shall be made by resolution and the resolution shall be recorded in the public records of Hernando County, together with any written consent obtained from an affected property owner.

    (b)

    Any informality or irregularity in the proceedings in connection with the establishment of any special assessment hereunder shall not affect the validity of the same where the special assessment roll has been adopted by the board, and the special assessment roll as finally adopted shall be competent and sufficient evidence that the assessment was duly established, and all the other proceedings required in connection with the adoption of the special assessment roll were duly accomplished, taken and performed as required, and no variance from the directions hereunder shall be held material unless it be clearly shown that the party objecting was materially injured thereby.

(Ord. No. 90-1, 10, 1-16-90)