HomeMy WebLinkAboutItem 16 Public Hearing to Adopt the Annual Code Enforcement Abatement Special Assessment Resolution and Certification of Non-Ad Valorem Assessment Tax Roll for Abatement Costs Recovery for Fiscal Year 2019/2020 ocoee
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AGENDA ITEM COVER SHEET
Meeting Date: August 6, 2019
Item # /6
Reviewed By:
Contact Name: Al Butler, Support Services Department Director:
Contact Number: 407-554-7063 City Manager:
Subject: Public hearing and resolution to adopt the Annual Code Enforcement Abatement Assessment
Resolution and to certify the FY 2020 Non-Ad Valorem Assessment Tax Roll for Abatement Cost
Recovery.
Background Summary:
Section 115-1 of the City Code of Ordinances established the geographic limits of the City of Ocoee as a
special assessment district in which the City Commission is authorized to levy a non-ad valorem
assessment against any property within that geographic boundary where the City of Ocoee has incurred
costs related to abating nuisances and other code violations and the City has not been reimbursed for
such abatements. City Commission Resolution 2017-003 requires the City Commission to annually adopt
a resolution certifying a non-ad valorem assessment tax roll to recover the unpaid costs of code
enforcement abatements following a public hearing to be held on the issue prior to September 15 of each
year. There are presently 31 properties that will be assessed to recover the cost of abatements
performed by the city. The owner(s) of each of these properties was notified by first class mail of the non-
ad valorem assessment to be levied against the property and of the scheduled public hearing at which
the City Commission would consider the issue. The form and content of these notifications conformed to
the requirements described in Section 197.3632, Florida Statutes.
Issue:
Consider the FY 2020 Non-Ad Valorem Assessment for Code Enforcement Abatements and certify the
Code Enforcement Abatement Assessment Tax Roll.
Recommendations:
Staff recommends the City Commission adopt the proposed resolution creating the FY 2020 Non-Ad
Valorem Assessment for Code Enforcement Abatements and certify the Code Enforcement Abatement
Assessment Tax Roll for all properties that have not fully reimbursed the city for the cost of abating
nuisances and other code violations prior to approval of the roll. The applicable costs include the out-of-
pocket costs to the city of the abatements, interest authorized by Florida Statues and City Code, and
recovery of the administrative costs of filing liens and releases of lien related to these abatements. The
Mayor and City Manager should be authorized to execute any documents required to implement the
resolution and levy the non-ad valorem assessment.
1
Attachments:
• FY 2020 Tax Roll of Code Enforcement Abatement Non-Ad Valorem Assessments*
• FY2020 Code Enforcement Non-Ad Valorem Assessment Resolution
• Certificate to non-ad valorem assessment tax roll for recovering the cost of code enforcement
abatements
* Under State law, the preliminary FY 2020 Assessment Tax Roll must be submitted to the Tax Collector
by June 15. This was done by city staff using the information available at that time. There have been
subsequent changes. The attached tax roll includes seven properties for which the assessment is shown
as $0.00. These entries mainly represent properties where the owner paid the outstanding balance owed
to the City following receipt of the notice that the debt was to be placed on the tax bill. The other such
entries represent properties where it was discovered that the debt had been previously paid or settled by
other means. All seven properties remain on the Non-ad Valorem Assessment Tax Roll as a means of
notifying the Tax Collector that these properties have been removed from the tax roll. Any properties for
which the abatement debt is paid prior to certification of the Assessment Tax Roll will be similarly treated.
Financial Impact:
As of July 29, 2019, the City of Ocoee has unpaid code enforcement abatement costs totaling
$27,833.50 that can be placed on the FY 2020 tax bill issued for the subject properties. This amount
includes the cost of abatement, interest accruing at a rate of 18% compounded annually, and
administrative costs related to lien filings. The recovery of these costs via a non-ad valorem special
assessment is to be collected using the uniform method, as prescribed in Section 197.3632, Florida
Statutes.
Type of Item: (please mark with an"x")
X Public Hearing For Clerk's Dent Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading X Public Hearing
X Resolution Regular Agenda
X Commission Approval
Discussion&Direction
X Original Document/Contract Attached for Execution by City Clerk
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
2
RESOLUTION 2019-
CITY OF OCOEE
CODE ENFORCEMENT NON-AD VALOREM ASSESSMENT RESOLUTION
FOR
FISCAL YEAR 2020
AUGUST 6, 2019
RESOLUTION
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA, RELATING TO COLLECTING THE UNPAID
COST OF CODE ENFORCEMENT ABATEMENTS
THROUGHOUT THE CITY OF OCOEE; STATING THE
PURPOSE OF SUCH EFFORTS; PROVIDING DEFINITIONS;
ENDORSING THE UNIFORM METHOD OF ASSESSING
ABATEMENT COSTS AGAINST ASSESSED PROPERTIES
LOCATED WITHIN THE CITY OF OCOEE; APPROVING THE
NON-AD VALOREM ASSESSMENT ROLL FOR FISCAL YEAR
2020; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Subsection C-8(Q) of the City of Ocoee Charter ("City Charter") authorizes
the City to require all lands, property, lots, bodies of water, and other premises within the City
limits to be kept clean, sanitary, and free from excessive weed growth; and
WHEREAS, the City Charter allows the City of Ocoee ("the City") to make such property
clean, sanitary, and free from excessive weed growth by assessing the cost for remediation and
abatement of such nuisances against the property pursuant to an ordinance, and allowing such
remediation and abatement costs to be assessed as a lien on the property; and
WHEREAS, Chapter 115, City of Ocoee Code of Ordinances ("City Code"), as amended
on February 21, 2017, establishes the City as a special assessment district relating to abatement
and remedying of nuisances; and
WHEREAS, as a special assessment district, the City Commission is authorized to levy a
non-ad valorem assessment against property to recover the cost of all code enforcement
abatement actions taken by the City, in accordance with Chapter 115, City Code; and
WHEREAS, the City has the obligation to abate nuisances and violations that are a risk
to the public health, safety, and welfare under the provisions of the City Charter and the Chapter
115 of the City Code; and
WHEREAS, the owners of property involved in the abatement of nuisances have an
obligation under Chapter 115 of the City Code to pay the cost of remediation and abatement
incurred by the City, plus allowable interest; and
WHEREAS, in cases where such costs remained unpaid, the City intends to use the
uniform method of collecting such assessments as non-ad valorem assessments; and
WHEREAS, the City Commission has adopted a clear method for determining and
collecting such non-ad valorem assessments consistent with the procedures provided for by the
Chapter 115 of the City Code and Section 197.3632, Florida Statutes, including collecting such
assessments on the uniform tax bill for each Fiscal Year beginning on October 1; and
WHEREAS, the City, county property appraiser, and county tax collector currently have
an agreement by which the property appraiser and tax collector collect non-ad valorem
assessments on behalf of the City; and
WHEREAS, notice of the assessment and public hearing was issued in accordance with
Chapter 115 of the City Code and Section 197.3632(4)(b), Florida Statutes; and
WHEREAS, a public hearing was held on August 6, 2019, and comments and objections
of all interested persons were heard and considered, as required by the terms of the Chapter 115
of the City Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA:
SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the provisions of
Ordinance No.2017-003("the Ordinance"); Chapter 115 of the City Code;the Home Rule Charter;
Article VIII, Section 2 of the Florida Constitution; Sections 166.041 and 197.3632, Florida
Statutes, and other applicable provisions of law.
SECTION 2. PURPOSE AND DEFINITIONS.
(A) This Resolution sets forth and approves the collection of the Non-Ad Valorem
Assessment Roll "(Assessment Roll"), as defined in Section 115-1.F. of the City Code, for Fiscal
Year 2020 through the procedure described in Section 115-1.C. of the City Code.
(B) Fiscal Year 2020 is defined as the period of time from October 1, 2019 through
September 30, 2020.
(C) All capitalized words and terms not otherwise defined herein shall have the
meanings set forth in Ordinance No. 2017-003, as amended. Any uncertainty regarding the
meaning of a term used herein shall be resolved in favor of the Resolution. Unless the context
indicates otherwise, words imparting the singular number include the plural number and vice
versa.
SECTION 3.APPROVAL OF THE ASSESSMENT ROLL.The Assessment Roll attached
as Appendix A is hereby approved and shall be delivered to the Orange County Tax Collector for
collection using the tax bill collection method and the manner described in the Ordinance on or
before September 15, 2019, together with the correction of any errors or omissions, as provided
for in the Ordinance. The Assessment Roll, as delivered to the Tax Collector, shall be
accompanied by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form
attached hereto as Appendix B.
SECTION 4. EFFECT OF ADOPTION OF RESOLUTION. This Resolution establishes
the Code Enforcement Abatement Non-Ad Valorem Assessments to be imposed in the 2020
Fiscal Year, certifies the Assessment Roll for the 2020 Fiscal Year with such adjustments as the
City Commission deems just and right, and authorizes the Mayor of the City of Ocoee to execute
collection of said Code Enforcement Non-Ad Valorem Assessments through the County Property
Appraiser and the County Tax Collector. The adoption of this Resolution shall be the final
adjudication of the issues presented (including, but not limited to, the amount due, the method of
assessment, and the Assessment Roll), unless proper steps shall be initiated in a court of
competent jurisdiction to secure relief within 20 days from the date of this Resolution.
SECTION 5. SEVERABILITY. If any clause, section, or other part of this Resolution shall
be held by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part shall be considered as eliminated and in no way affecting the
validity of other provisions of this Resolution.
SECTION 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED this day of , 2019.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY
CITY OF OCOEE, FLORIDA. APPROVED COMMISSION AT A MEETING HELD
AS TO FORM AND LEGALITY THIS ON
DAY OF , 2019.
SHUFFIELD, LOWMAN &WILSON, P.A.
By:
City Attorney
APPENDIX A
(Preliminary)
CODE ENFORCEMENT ABATEMENT
NON-AD VALOREM ASSESSMENT ROLL
FOR THE CITY OF OCOEE
Parcel ID Number Street Address Amount Due
032228284000140 1514 ISON LN $0.00
032228782100590 6942 LOG JAM CT $0.00
032228782101660 5049 SAWDUST CIR $225.57
042228627600220 2781 PLUMBERRY AVE $219.29
042228656700340 2776 TALL MAPLE LOOP $872.14
042228735801060 1978 APPLEGATE DR $204.12
042228918400600 1991 RUSHDEN DR $245.70
082228556801040 479 NEW MEADOWS CT $182.89
082228676601740 1103 JAMELA DR $0.00
082228676703250 1611 LADY AVE $164.81
082228676703780 1104 DOREEN AVE $3,211.67
082228819000130 328 LITTLE IRIS CT $167.06
082228819201050 1223 BLUE SPRING CT $442.11
082228880000080 515 NICOLE BLVD $1,005.96
082228881000760 1206 RUSSELL DR $0.00
082228881000900 1204 WILLOW CREEK RD $10,185.10
092228824204010 315 PHYLLIS ST $142.05
092228824206230 611 SPRING LAKE CIR $236.94
152228860700420 2658 GREYWALL AVE $341.77
162228000000024 1436 E SILVER STAR RD $838.28
162228089500210 1404 SAMANTHA ST $183.49
162228399800001 2424 JOHIO BAY DR $2,179.22
162228471900190 119 OLYMPUS DR $146.00
162228906300240 2747 CULLENS CT $450.91
172228494701150 702 STARKE LAKE CIR $346.00
172228546800002 284 N LAKESHORE DR $194.30
172228614404281 452 S BLUFORD AVE $178.65
172228614404452 695 5 LAKEWOOD AVE $548.36
172228615005030 1101 OAKWOOD LN $312.86
182228311601010 211 OCOEE APOPKA RD $179.76
182228712200040 4 SUNSET KEY CT $3,183.37
182228712602100 36 COQUINA KEY DR $250.73
302228000000020 11030 W COLONIAL DR $0.00
302228145407010 11100 W COLONIAL DR $0.00
322128285700190 3473 STARBIRD DR $315.13
322228262101620 97 SAGECREST DR $230.78
332128285901110 2243 LAUREL BLOSSOM CIR $0.00
312228713900010 813 WINDERGROVE CT $448.48
Total $27,833.50
APPENDIX B
CERTIFICATE
TO
CODE ENFORCEMENT ABATEMENT
NON-AD VALOREM ASSESSMENT ROLL
COPY OF ADVERTISEMENT
Date Published and Media Name
Thursday.Ju =2T19 The West Orange Times 3B
Advertisement or Article
FIRST INSERTION
NOTICE OF PUBLIC HEARING
TO IMPOSE AND PROVIDE FOR COLLECTION
OF CODE ENFORCEMENT NON-AD VALOREM ASSESSMENTS
The City of Ocoee,Florida(the"City✓')hereby provides notice,in accordance with
Section 197.3632,Florida Statutes,and Section 115-1 of the Code of Ordinances of
the City of Ocoee,that a Code Enforcement Non-Ad Valorem Assessment will be
levied against any property within the incorporated area of the City that has failed
or refused to reimburse the City for costs incurred by abating or remedying a Code
Enforcement violation.The proposed assessment will be imposed on the annual
Non-Ad Valorem'fax Bill mailed out by the Orange County Tax Collector in No-
veinber of each year.
A public hearing will be held at 6:15 pm,or soon thereafter,on Tuesday,Au-
gust 6,2019 in the City Commission Chambers,150 North Lakeshore Drive,
Ocoee,Florida 34761 for the purpose of receiving public comment on the pro-
posed assessment.Affected property owners have a right to appear at the hear-
ing and to file comments or written objections with the City Commission within
20 days of this Notice.
If you decide to appeal any decision made by the City Commission with re-
spect to any matter considered at the hearing,you will need a record of the pro-
ceedings and may need to ensure that a verbatim record is made;including the
testimony and evidence upon which the appeal is to be made. Inaccordance
with the Americans with Disabilities Act,persons needing a special accommo-
• dation or an interpreter to participate in this processing should call 407-905-
3105 at least 48 hours prior to the hearing to make arrangements.
Lake: •
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Ocoee
•
•
•
July 25,2019 19-03188W
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DR-4o8A
Rev.9/06
CERTIFICATE
TO
NON-AD VALOREM ASSESSMENT ROLL
I, the undersigned, hereby certify that I am the Chair of the local governing
board or his or her authorized designee for:
(name of local government)
Located in Orange County, Florida; as such, I have satisfied myself that all property
included or includable on the Non-Ad Valorem Assessment Roll for the aforesaid
county is properly assessed so far as I have been able to ascertain; and that all
required extensions on the above described roll to show the Non-Ad Valorem
Assessments attributable to the property therein have been made pursuant to law.
I further certify that upon completion of this certificate and the attachment
of same to the herein described Non-Ad Valorem Assessment Roll as a part thereof,
that said Non-Ad Valorem Assessment Roll will be delivered to the Property
Appraiser and Tax Collector of this county.
In witness whereof, I have subscribed this certificate and caused the same to
be attached to and made a part of the above described Non-Ad Valorem Assessment
Roll this 15 day of September , 2018 .
Special Taxing Name
Total Record Count
Total Assessment $
(Chair of local governing board or designee)
of
(Name of local government)
Orange County, Florida