HomeMy WebLinkAboutItem 16 Public Hearing and Resolution to Adopt the Annual Code Enforcement Abatement Assessment Resolution and to Certify the Fiscal Year 2023 Non-Ad Valorem Assessment Tax Roll for Abatement Cost RecoveryMeeting Date: August 16, 2022
Item #
Contact Name: Justin Mieras
Contact Number: 407-554-7065
Reviewed By:
Department Director:
City Manager:
Subject: Public hearing and resolution to adopt the Annual Code Enforcement Abatement Assessment
Resolution and to certify the FY 2023 Non -Ad Valorem Assessment Tax Roll for Abatement Cost
Recoverv.
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 the City of Ocoee has abated a nuisance but has not been reimbursed for
the cost of such abatement. Resolution 2017-003 requires the City Commission to adopt a resolution
certifying the non -ad valorem assessment tax roll following a public hearing prior to September 15 of each
year. There are currently 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 and of the scheduled public hearing at which the City Commission would consider this issue.
The form and content of these notifications conformed to the requirements described in Section 197.3632,
Florida Statutes.
Issue:
Consider the FY 2023 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 2023 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. 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.
Attachments:
Proposed resolution containing the Non -Ad Valorem Assessment Tax Roll and certificate
Notice of Public Hearing published in the West Orange Times August 04, 2022
Example Notice of Public Hearing letter sent via First Class mail to each owner of affected
properties.
Financial Impact:
As of August 3, 2022, the City of Ocoee has unpaid code enforcement abatement costs totaling $3,204.98
that can be placed on the FY 2023 tax bill. This amount includes the cost of abatement, interest accruing
at a rate of 18% compounded annually until September 30, 2022, 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
Ordinance First Reading
Ordinance Second Reading
X Resolution
X Commission Approval
Discussion & Direction
For Clerk's Dept Use:
Consent Agenda
Public Hearing
Regular Agenda
X Original Document/Contract Attached for Execution by City Clerk
Reviewed by City Attorney
Reviewed by Finance Dept
Rebecca Roberts
N/A
N/A
01
RESOLUTION 2022-
CITY OF OCOEE
CODE ENFORCEMENT NON -AD VALOREM
ASSESSMENT RESOLUTION FOR
FISCAL YEAR 2023
AUGUST 16, 2022
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
2023; 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 remain 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 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 16, 2022, 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 2023 through the procedure described in Section 115-1.C. of the City Code.
(B) Fiscal Year 2023 is defined as the period of time from October 1, 2022 through
September 30, 2023.
(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, 2022, 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 2023 Fiscal Year, certifies the Assessment Roll for the 2023
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 , 2022.
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. APPROVED
AS TO FORM AND LEGALITY THIS
DAY OF
2022.
SHUFFIELD, LOWMAN & WILSON, P.A.
City Attorney
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
L 1►1
CODE ENFORCEMENT ABATEMENT
NON -AD VALOREM ASSESSMENT ROLL
FOR THE CITY OF OCOEE
Parcel ID Number
082228881000900
Street Address
1204 WILLOW CREEK RD
Total Amount
Owed
$ 1,281.43
082228286600870
700 WORST RD
$ 160.15
192228614700010
400 S BLUFORD AVE
$ 742.82
172228790203220
242 SECURITY CIR
$ 221.82
062228924304000
2308 OCOEE APOPKA RD
$ 302.11
082228555200110
1702 LITTLE SPRING HILL DR
$ 204.99
042228656700250
12664 TALL MAPLE LOOP
1 $ 291.66
Total $ 3,204.98
8/3/2022
APPENDIX B
CERTIFICATE
TO
CODE ENFORCEMENT ABATEMENT
NON -AD VALOREM ASSESSMENT ROLL
DR-4o8A
Rev. 9/o6
NON-ADCERTIFICATE
TO
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 16 day of August 2022
Special Taxing Name
Total Record Count
Ocoee Code Enforcement -- 5340
Total Assessment $
of
(Chair of local governing board or designee)
(Name of local government)
Orange County, Florida
Revised 6-30-2022
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, on the next tax
bill, against any property within the incorporated area of the City, as shown in the adjacent map,
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 6:15 pm, or soon thereafter, on Tuesday, August 16,
2022 in the City Commission Chambers, 1 North Bluford Avenue, Ocoee, Florida 34761 for the
purpose of receiving public comment on the proposed assessment. You and other affected
property owners have a right to appear at the hearing and to file comments or written objections
with the City Commission.
If you decide to appeal any decision made by the City Commission with respect to any
matter considered at the hearing, you will need a record of the proceedings 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 accommodation or an interpreter to participate in this processing should call 407-905-
3105 at least 48 hours prior to the hearing to make arrangements.
fiorida
Mayor
Rusty Johnson
Commissioners
Larry Brinson, Sr.
District I
Rosemary Wilson
District 2
Richard Firstner
District 3
George Oliver III
District 4
City Manager
Robert D. Frank
* * *TIIIS IS NOT A BILL * * *
CITY OF OCOEE, FLORIDA
NOTICE OF PUBLIC HEARING
TO IMPOSE AND PROVIDE FOR COLLECTION
OF CODE ENFORCEMENT NON -AD VALOREM
ASSESSMENTS
NOTICE DATE: JULY 11, 2022
Charter Oc Ocoee LLC
19950 W Country Club Dr Ste 800
Aventura, FL 33180-4603
Parcel Tax ID: 162228476300021
Legal: LAKE OLYMPIA SQUARE REPLAT TWO 35/59 N 200 FT OF LOT 213
Address: E SILVER STAR RD
* * * NOTICE TO PROPERTY OWNER * * *
Notice is hereby given by the City of Ocoee that a Code Enforcement Non -Ad Valorem
Assessment will be levied on the above -described parcel on your next tax bill, in
accordance with Section 197.3632, Florida Statutcs, and Section 115-1 of the Code of
Ordinances of the City of Ocoee.
The purpose of this assessment is to reimburse the City of Ocoee for costs incurred after
abating or remedying the above -described parcel from a Code Enforcement violation that,
after due notice and time to remedy the violation, the property owner, for whatever reason,
failed or refused to remedy and has failed or refused to reimburse the City for the costs
incurred during said abatement or remedy.
The Code Enforcement Non -Ad Valorem Assessment for the above -described parcel is
$ 1,256.76.
A public hearing will be held at 6:15 pm or soon thereafter on Tuesday, August 16, 2022
in the City Commission Chambers, 1 North Bluford Avenue, Ocoee, Florida 34761 for the
purpose of receiving public comment on the proposed assessment. You and other affected
property owners have a right to appear at the bearing 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 respect to any matter considered at the
hearing, you will need a record of the proceedings 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
accommodation or an interpreter to participate in this processing should call 407-905-3105
at least 48 hours prior to the hearing to make arrangements.
City of Ocoee - 1 North Bluford Avenue e Ocoee, Florida 34761
Phone: (407) 905-3100 o www.ocoee.org
Unless proper steps are initiated in a court of competent jurisdiction to secure relief within
20 days from the date of City Commission action at the above hearing (including the
method of apportionment, the rate of assessment and the imposition of assessments), such
action shall be the final adjudication of the issues presented.
A copy of the Nuisance Abatement Ordinance is available online at www.ocoee.org and is
available for inspection at the office of the City Clerk, located at I North Bluf'ord Avenue,
Ocoee, Florida.
The ad valorem taxes for the above parcel will be collected on the ad valorem tax bill
mailed in November. Failure to pay the assessments will cause a tax certificate to be issued
against the property which may result in a loss of title.
If there is a mistake on this notice, it will be corrected. Should you have any questions
regarding the Code Enforcement Non -Ad Valorem Assessments please contact the Code
Enforcement at (407) 905-3106, Monday through Friday between 8:00 a.m. and 5:00 p.m.
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 lye
levied, on the next tax bill, against any property within the incorporated area of the
City, as shown in the adjacent map, 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 6:15 pm, or soon thereafter, on'hesday, August
16, 2022, in the City Commission Chambers, i North Bluford Avenue, Ocoee, Flori-
da 3VI61 for the purpose of receiving public comment on the proposed assessment,
You and other affected property owners have a right to appear at the hearing and to
file comments or written objections with the City Commission.
If you decide to appeal any decision made by the City. Commission with respect
to any matter considered at the hearing, you will need a record of the proceedings
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 accommodation or an interpreter to
participate in this processing should call 407-905-3105 at least 48 hours prior to the
hearing to make arrangements.
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