HomeMy WebLinkAboutItem 15 Public Hearing to Adopt the Annual Code Enforcement Abatement Assessment Resolution to Certify the FY 2024 Non-Ad Valorem Assessment Tax Roll for Abatement Cost RecoveryMeeting Date: August 15, 2023
Item #: 15
Contact Name: Doug Gaines Department Director: Doug Gaines
Contact Number: Ext. 1503 City Manager: Robert Frank
Subject: Public Hearing to Adopt the Annual Code Enforcement Abatement Assessment
Resolution to Certify the FY 2024 Non -Ad Valorem Assessment Tax Roll for Abatement Cost
Recovery, (Support Services Director Gaines)
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 presently
three (3) 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:
Should the Honorable Mayor and City Commissioners consider the FY 2024 Non -Ad Valorem Assessment for
Code Enforcement Abatements and certify the Code Enforcement Abatement Assessment Tax Roll?
Recommendations:
Staff recommends that the Honorable Mayor and City Commissioners adopt the proposed resolution creating
the FY 2024 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:
1. Resolution
2. Notice of Public Hearing
3. Advertisement
OcoeeCity of • . Avenue - Ocoee, •. 34761
Phone: .1 91 10 r •-- • •
Page 252 of 268
Financial Impacts:
AaofAugust O2,2O23.the City ofOcoee has unpaid code enforcement abatement costs totaling $2.337.21
that can be placed on the FY 2024 tax bill. This amount includes the C0Gt of abatement, interest accruing at o
rate of 18% compounded annually until September 30, 2023, 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, oeprescribed inSection 197.3032. Florida Statutes.
Type of Item: Public Hearing
City of Ocoee - 1 N. Bluford Avenue - Ocoee, Florida 34761
Page 253 of 268
RESOLUTION 2023-
CITY OF OCOEE
CODE ENFORCEMENT NON -AD VALOREM
ASSESSMENT RESOLUTION FOR
FISCAL YEAR 2024
AUGUST 15, 2023
Page 254 of 268
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
2024; 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
Page 255 of 268
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 15, 2023, 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.
Page 256 of 268
SECTION 2. PURPOSE AND DEFINITIONS.
(A) This Resolution sets forth and approves the collection of theNon'Ad Valorem
Assessment Roll ^ rnentQoU^).oadefin8din8ection115-1.F.ofth8ChvCode.forFiaco|
Year 2U23through the proceduredescribed inSection 115-1.[:.ofthe City Code.
(B) Fiscal Year 2024 is defined as the period of time from October 1, 2023 through
September 3O.2024.
kC\ All capitalized vvO[dS and terms not otherwise defined herein ShGU have the
meanings set forth in Ordinance No. 2017-003, as amended. Any uncertainty regarding the
meaning ofuterm used herein shall be resolved in favor of the Resolution. Unless the context
indicates OihenNSS, vvOPdS iOOp@rbOQ the SiDQu|8[ number include the p|U[8| number and vice
versa.
SECTION 3.APPROVAL 0)F THE ASSESSMENT ROLL.
The /\eaeaannant Roll attached as Appendix is hereby approved and ahuU be delivered to the
C)F8O08 COUOtv Tax COUHCtOr for COU8C1iOO using the L8X bill COU8CtOO method and the Dl8DOH[
described in the Ordinance on or before September 15, 2023, together with the correction of any
errors or omissions, as provided for in the Ordinance. The Aeaeeennen| Roll, as delivered to the
Tax Collector, shall be accompanied by Certificate to Non -Ad Valorem Assessment R0|| in
substantially the form attached hereto aaAppendix B.
SECTION4. EFFECT OF ADOPTION OF RESOLUTION.
This R9SO|uU0n establishes the Code Enforcement /\b8t8rnert Non -Ad \/G|Vn9rn
Assessments to be imposed in the 2024 Fiscal Year, certifies the Assessment Roll for the 2024
Fiscal Year with such adjustments Gs the City Commission deems just and right,8nd@uthVrbceG
the Mayor of the City of Ocoee to execute collection of said Code Enforcement Non -Ad Valorem
Page 257 of 268
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.
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PASSED AND ADOPTED this ________ day of ______________________, 2023.
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 ___________________, 2023.
FISHBACK DOMINIC, LLP
By: _________________________________
City Attorney
APPENDIX A
ASSESSMENT ROLL
Page 260 of 268
Total Amount
Parcel ID Number Street Address Owed
182228000000080 408 FRANKLIN ST
292228665202000 MAGUIRE RD
082228881000900 1204 WILLOW CREEK RD
Total
$ 615.56
$ 1,195.51
$ 526.14
$ 2,337.21
8/2/2023
Page 261 of 268
APPENDIX B
CERTIFICATE TO NON -AD VALOREM
ASSESSMENT ROLL
Page 262 of 268
DR-408A
N. 02/91
FLORIDA
CERTIFICATE TO
NON -AD VALOREM ASSESSMENT ROLL
1, the undersigned, hereby certify that I am the Chairman of the Board, or authorized
agent of City of Ocoee , 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
listed therein have been made pursuant to law.
i irrliilli� IT17 M 11 rOW-7.3
912F011WRI W41 "ITH.-TIM "..' 0 =. "Imaguff-'reffingra mg
lijjili�1111
this the 1 5th day of August 2023
year
M�11=
of City of Ocoee
Name of local government
Page 263 of 268
* * * THIS IS NOT A BILL * * *
CITY OF OCOEE, FLORIDA
f i o r i d o NOTICE OF PUBLIC HEARING
TO IMPOSE AND PROVIDE FOR COLLECTION
OF CODE ENFORCEMENT NON -AD VALOREM
Mayor ASSESSMENTS
Rusty Johnson
Commissioners NOTICE DATE: JULY 06, 2023
Scott R. Kennedy
District 1
Rosemary Wilsen
District 2
Richard Firstner Ocoee, FL 34761-1978
District 3
Ages Hart
District 4
Legal:
Address:
City Manager
Robert D. Frank
* * * 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 Statutes, and Section H 5-1 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
A public hearing will be held at 6:15 pm or soon thereafter on Tuesday, August 15, 2023
in the City Commission Chambers, I 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 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 - I North Bluford Avenue - Ocoee, Florida 34761
Phone: (407) 905-3100 . www.ocoee.org
Page 264 of 268
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 1 North Bluford 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.
Page 265 of 268
NOTICE OF PUBLIC HEARING
TO IMPOSE AND PROVIDE FOR COLLECTION
OF CODE ENFORCEMENT NON -All VALOREM ASSESSMENTS
The City of Ocoee, Florida (the "City') hereby proNides notice, in accordance with
Section 19-1.3632, 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
leNied, on the nest tas 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
15, 2023 in the Citv Commission Chambers, I North Blufbrd 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
cNidence 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 107-905-3105 at least 48 hours prior to the
hearing to make arrangements.
August 3. 2023 23-03107W
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