§ 34-42. Correction of errors and omissions; petition to board; appeals.

(a)

No act of error, omission or commission on the part of the property appraiser, tax collector, board, clerk, or their deputies or employees, or other board designee shall operate to defeat the payment of the annual solid waste disposal special assessment imposed by the board under the provisions of this article; provided, however, any errors, or omission or commission may be corrected at any time by the solid waste adjustment committee, upon notification or recommendation to solid waste adjustment committee by the officer or party responsible for them in like manner as provided under this article for performing such acts in the first place, and when so corrected they shall be construed as valid ab initio and shall in no way affect any process by law for the enforcement of the annual collection special assessment imposed under the provisions of this article.

(b)

The board shall have the authority, at any time, upon its own initiative or in response to a petition filed not later than May 1 for the preceding special assessment year, from any affected owner residential units to correct any error, omission or commission in the adoption of any annual solid waste disposal special assessment roll or in the implementation of this article, including, but not limited to, an error in including any residential unit within the scope of this article and any error in the circulation of the annual solid waste disposal special assessment imposed against any residential unit.

(c)

Any owner of improved residential real property may petition the solid waste adjustment committee to correct any asserted error, omission or commission in relation to his property in the adoption of the annual solid waste collection and disposal special assessment roll or in the implementation of this article within 90 days of the asserted error taking place. Such petition shall be initiated by filing with the solid waste adjustment committee or its designee, a written petition containing the name of the owner, a legal description of the real property affected, a summary description of the asserted error and the relief requested.

(d)

Any suit, action or proceeding in the courts questioning the validity of any of the provisions of this article or its amendments, or resolutions, creating a special assessment solid waste disposal district, or the sufficiency or the regularity or the legality of the creation and establishment of said district, the publication, posting or mailing of copies of the notice to the public stating the place, date and hour for a public hearing or of any proceeding theretofore taken in connection with the creation and establishment of said district, or the levy of fees, service charges or special assessments, as provided in such ordinance, its amendments or resolutions, shall be commenced within a period of 30 days after the filing with the clerk of the circuit court, a copy of the adopted ordinance, its amendments or resolution creating and establishing said district. After the expiration of this period of limitation, no right of action or defense founded upon the invalidity of any such provisions of this article, its amendments, resolutions, petitions or proceedings shall be asserted, and no court shall have authority to inquire into any such matters, and no suit, action or proceeding shall be instituted with respect thereto.

(Code 1988, § 18-36; Ord. No. 87-9, § 12; Ord. No. 88-16; Ord. No. 88-25, § 11; Ord. No. 94-19, 7-12-1994)