Special Assessment

[MikeN]

I live in West Palm Beach Florida were my county government is levying a special assessment against my property for the installation of water mains. I reviewed the ordinance that determines the steps they must take to levy the assessment and found several areas that they did not follow. For instance they were required to do two petition drives and receive a 51% majority of which they were supposed to check the petition signatures against the public records to ensure that the petitioners were the owners and liable to pay the assessment, they did not. They were required to post a public notice that stated that the amount and properties to be assessed could be obtained from the clerk of the board, they posted a notice but with out the right text. These plus other issues prompted me to object to the assessment, however they tell me that the ordinance is only a gauge and that it is procedural. They claim that they do not have to follow it and as near as I can tell they are basing this claim on this section of the ordinance that states:

Sec. 27-159. Supplemental provisions.
This article shall be deemed to provide a supplemental, additional, and alternative method of procedure for the benefit of the county and shall not apply to improvements done pursuant to any other law.

Is this true?
Are they allowed to disregard the ordinance entirely even though they never stated this and all their actions indicated they were using it?
Can I file a suit against them to recover the amount the special assessment will cost me since they have claimed if I do get the assessment thrown out they would only come back and assess me again to recover the money?
If I can file a suite what are my chances of winning?

Thank you for your help.

 

[David J. Miller]

Ask yourself one question - Do I need the water mains?

If you can honestly say no then keep fighten. If you need 'em, stop interfering with urban development just for the sake of interfering.

 

[MikeN]

I would say that I do not need the water main, however others in my neighborhood would say they do need it. I think that’s why we have laws that set the way the government does business so everyone is treated fairly. If am required to abide by the laws created then all I expect in return is that those who create the laws also abide by them. If this interferes with urban development then so be it. We are not going to allow police officers to take your car because you were speeding just because it improves the traffic conditions and promotes public transportation, so then why should I be expected to sit by and allow the county to disregard its own laws and take my money just because it promotes urban development. What would be next, the unrestricted levying of taxes for every project the few in power feel is beneficial to the public as a whole but the public as a whole does want? Lets hope not.

Thanks for the response.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by David J. Miller:
Ask yourself one question - Do I need the water mains?

If you can honestly say no then keep fighten. If you need 'em, stop interfering with urban development just for the sake of interfering. <HR></BLOCKQUOTE>