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Home My WebLink About2020-008 Non-Ad Valorem Assessment - Code Enforcement Abatement RESOLUTION 2020-008 CITY OF OCOEE CODE ENFORCEMENT NON-AD VALOREM ASSESSMENT RESOLUTION FOR FISCAL YEAR 2021 AUGUST 18, 2020 RESOLUTION A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, CITY COMMISSION RELATING TO THE COLLECTION OF UNPAID LIENS FROM CODE ENFORCEMENT ABATEMENT ACTIONS 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 2021; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Subsection C-8(Q) of the City of Ocoee Charter ("City Charter") authorizes the City of Ocoee ("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, Subsection C-8(Q) of the City Charter allows the City to make such properties clean, sanitary, and free from excessive weed growth at the expense of the owner; 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 City of Ocoee Code of Ordinances ("City Code"); and WHEREAS, the owners of property involved in an abatement have an obligation under Chapter 115 of the City Code to pay the City for the cost incurred by the City through abatement, plus allowable interest; and WHEREAS, in cases where such costs remained unpaid, the City intends to use all available methods 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, 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. (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 2021 through the procedure described in Section 115-1.C. of the City Code. (B) Fiscal Year 2021 is defined as the period of time from October 1, 2020 through September 30, 2021. (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, 2020, 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 2021 Fiscal Year, certifies the Assessment Roll for the 2021 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. ip PASSED AND ADOPTED this / day of dVP4 , 2020. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Zki Melanie Sibbitt, City Clerk Rusty John , ayor (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 IS ON a . DAY OFftJifLJJJ5t , 2020. SHUFFIELD, LOWMAN &WILSON, P.A. By. City Attorney APPENDIX A CODE ENFORCEMENT ABATEMENT NON-AD VALOREM ASSESSMENT ROLL FOR THE CITY OF OCOEE Parcel ID Number Street Address Total 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 8/18/2020 Total $3,117.20 APPENDIX B CERTIFICATE TO CODE ENFORCEMENT ABATEMENT NON-AD VALOREM ASSESSMENT ROLL W' : ‘' 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 18 day of August 2020 Special Taxing Name Ocoee Abatement - 5340 Total Record Count 6 Total Assessment $ 3,117.20 voiN4 (Chair lo.. governing board or designee) of Ci of Ocoee (Name of local government) Orange County, Florida