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Home My WebLink AboutItem 08 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 2020/2021 e ocoee florid AGENDA ITEM COVER SHEET Meeting Date: August 18, 2020 Item # ®S Reviewed By: Contact Name: Al Butler, Support Services Department Director: - Contact Number: 407-554-7063 City Manager: /1 Subject: Public hearing and resolution to adopt the Annual Code Enforcemen Abatement Assessment Resolution and to certify the FY 2021 Non-Ad Valorem Assessment Tax Roll for Abatement Cost Recovery of$5,293.29. 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 properties within that limit where the City of Ocoee has taken action related to abating nuisances and where 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 8 properties that will be assessed to recover the cost of abatements performed by the city. The owners of each of these properties were 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 2021 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 2021 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 Parcel ID Number Street Address Total 172228614404361 474 S BLUFORD AVE $1,819.30 212228632800070 9729 W COLONIAL DR $356.79 062228285608000 FOUNTAINS WEST BLVD $355.69 032228283400570 608 SHERWOOD OAKS CIR $774.01 082228881000900 1204 WILLOW CREEK RD $670.35 162228089500310 1400 DARLA ST $451.21 172228614404402 606 S BLUFORD AVE $319.24 162228000000024 1436E SILVER STAR RD $546.70 8/6/2020 Total $5,293.29 RESOLUTION 2020- CITY OF OCOEE CODE ENFORCEMENT NON-AD VALOREM ASSESSMENT RESOLUTION FOR FISCAL YEAR 2021 AUGUST 18, 2020 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, City Code Chapter 115, as amended on February,21, 2017, establishes the City as a special assessment district relating to abatements; and WHEREAS, as a special assessment district, the City Commission is authorized to levy a non-ad valorem assessment against properties where, in accordance with Chapter 115, a violation occurred, the City took action to abate, and the owner has failed', for whatever reason, to pay the City for the costs incurred in carrying out the abatement; 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 18, 2020, 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. 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. 1 APPENDIX A CODE ENFORCEMENT ABATEMENT NON-AD VALOREM ASSESSMENT ROLL FOR THE CITY OF OCOEE Parcel ID Number Street Address Total 172228614404361 474 S BLUFORD AVE $1,819.30 212228632800070 9729 W COLONIAL DR $356.79 062228285608000 FOUNTAINS WEST BLVD $355.69 032228283400570 608 SHERWOOD OAKS.CIR $774.01 082228881000900 1204 WILLOW CREEK RD $670.35 162228089500310 1400 DARLA ST $451.21 172228614404402 606 S BLUFORD AVE $319.24 162228000000024 1436 E SILVER STAR RD $546.70 8/6/2020 Total $5,293.29 • APPENDIX B CERTIFICATE TO CODE ENFORCEMENT ABATEMENT NON-AD VALOREM ASSESSMENT ROLL II hpp 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: City of Ocoee (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 1 8 day of August , 2020 . Special Taxing Name Ocoee Abatement - 5340 Total Record Count 8 Total Assessment $ 5,293.29 (Chair of local governing board or designee) of City of Ocoee (Name of local government) Orange County, Florida COPY OF ADVERTISEMENT Date Published and Media Name 4B The West Orange Times Thursday,August 6,2020 Advertisement or Article FIRST INSERTION NOTICE OF PUBLIC REARING 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,on the next tax bill,against any property within the incorporated area of the City that has failed or refused to reimburse the City for costs incurred during abating or remedying a Code Enforcement violation on that property. A public hearing will be held at 6:16 pm,or soon thereafter,on Tuesday, August 18,2020 in the City Commission Chambers,150 North Lakeshore Drive,Ocoee,Florida 34761 for the purpose of receiving public comment on the proposed assessment; however,City Hall is closed to the public and is subject to change based on the Governor's Executive Order.You and other affected property owners have a right to be heard during the hearing and to file comments or written objections with the City Commission.This meet- ing is broadcasted live on Spectrum Channel 498 with a live stream at www.Ocoee.org/L47/0coee-TV.Any interested party is invited to file com- ments and/or written objections before or during the hearing by emailing citizens®ocoee.org or calling 407-654-7118 or by registering in advance by emailing citizens®ocoee.org or calling 407-906-3106 and City staff will call you during the live meeting. 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. In accordance 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. Erri- Lake Apopka Ocoee 1 ' , 14 August 6,2020 20-02835W