Property owners can challenge North 3 UEP assessments
To the editor:
I’m reaching out as a property owner in the North 3 UEP area with a request that directly concerns homeowner awareness and property rights.
Over the past week, several important facts have come to light regarding the roadway portion of the North 3 UEP assessment. These facts are documented through NWCCNA’s own communications and through reporting published by the Cape Coral Breeze on Sept. 29. Because these issues affect thousands of residents and lot owners, I respectfully ask that NWCCNA and/or the Cape Coral Breeze consider publishing an informational article to help homeowners understand what they must do to protect their property rights before the final vote on Nov. 2.
Key facts now confirmed:
1. NWCCNA’s 2024 survey was not a vote and was never intended to support any roadway assessment. NWCCNA leadership has confirmed that the city asked them only to survey roadway design preferences, not to approve any assessment. The city stated that Alternate 5 was “non‑assessment transportation cost,” and NWCCNA supported it only under that understanding.
2. NWCCNA was never informed that roadway redesign would be assessed until the Sept. 28 council hearing. This means the survey cannot be used to justify including roadway redesign in a Statute 170 special assessment.
3. The survey included participants outside the North 3 UEP boundaries. Because the survey was not limited to affected parcels, it cannot be used as evidence of homeowner approval for assessment purposes.
4. The Cape Coral Breeze has reported that homeowners filled the council chambers requesting the UEP be paused due to financial impact. A motion to delay the project until after the November election failed 5-3. The article confirms that parcels west of Burnt Store Road face an estimated assessment of $41,029 per EP, including an additional $5,765 for roadway redesign (Alternate 5), plus connection costs, septic abandonment fees, water meter charges, and long‑term interest if financed over 20-30 years.
5. Under Florida Statute Chapter 170, roadway redesign must provide a parcel‑specific special benefit to be assessed. Roundabouts, median changes, multi‑use paths, and corridor redesign serve regional traffic and tourism, not individual parcels. Homeowners need to understand this distinction before the final vote.
Many homeowners still do not understand that:
• They must file a Formal Objection before the final vote
• Failure to object means the city legally treats them as agreeing to the assessment
• The roadway portion is not a utility cost
• The roadway portion is not required for water/sewer installation
• The roadway portion is not a Statute 170‑qualified special benefit
• The roadway portion adds $5,765 per EP to west‑side parcels
• The roadway portion was originally presented as non‑assessment
An informational article from NWCCNA or the Cape Coral Breeze would help ensure that residents understand their rights, the process, and the steps required to formally object if they choose to do so.
This is not political advocacy — it is simply factual information that homeowners need in order to make informed decisions and protect their property rights.
To be clear: Each property owner must file a formal objections letter, or email to the city clerk or council, prior to Nov. 2. If you do not file a formal notice, you are essentially saying you approve, and you give up your right to challenge — you have no legal standing to object afterwards.
This information is critical for homeowners before the final vote on Nov. 2.
John Swartz
North 3 UEP Contract Area #7
Cape Coral