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HomeMy WebLinkAbout2024-08 Non-Ad Valorem Assessment FY 2025 - Code Enforcement1011 VA LelaPle+7A RESOLUTION OF OF OCOEE, FLORIDA, CITT COMMISSION RELATING TO THE COLLECTION OF UNPAID LIENS FROM CODE ENFORCEMENT ABATEMENT ACTIONS THROUGHOUT OF « iSTATING ENDORSINGPURPOSE OF SUCH EFFORTS; PROVIDING DEFINITIONS; i' •R OF ASSESSING ABATEMENT• AGAINST ASSESSED PROPERTIES LOCATEDOF i • APPROVING i NON -AD VALOREM ASSESSMENT ROLL FOR FISCAL YEAR + PROVIDING • . 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 ofthe City Code and Section 107.3832, Florida Statutee, including collecting such assessments on the uniform tax bill for each Fiscal Year beginning on October 1; and WHEREAS, City Code Chapter 115.os amended VDFebruary 21'2017.establishes the City as aspecial assessment district relating tOabatements; and WHEREAS, as a special assessment district, the City Commission is authorized to levy a non -ad voNK*[n 0000aonnent against properties where, in accordance with Chapter 115' o violation occurred, the City took action to abate, and the ovvDe[ has t8iked, for whatever reason, to pay the City for the costs incurred in carrying out the abatement; and WHEREAS, the C|Uv, county property appraiser, and county tax collector currently have an agreement by which the property appraiser and tax collector collect non -ad valorem assessments oDbehalf Ofthe City; and VVHEREAS. notice of the assessment and public hearing was issued in accordance with Chapter 115Ofthe City Code and Section 187.3O32WA/b\'Florida Statutes; and WHEREAS, a public hearing was held on August 06, 2024, for comments and objections of all interested persons to be heard and considered, as required by the terms of the Chapter 115 ofthe City Code; 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 197.3032. Florida Statutes, and other applicable provisions of law. (A) This Resolution sets forth and approves the collection of the Non -Ad Va|onsrn Assessment Roll Roll")' as defined in Section 115-1.F. of the City Code, for Fiscal Year 2O25through the proceduredescribed iDSection 115-1.O.ofthe City Code. (B) Fiscal Year 2025 is defined as the period of time from October 1, 2024 through (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 nn8oOiOQ of @ term used herein eh@U be resolved in favor of the Resolution. Unkaaa the context indicates otherwise, words imparting the singular number include the plural number and vice versa. The Assessment Roll attached as Appendix A is hereby approved and shall be delivered to the D[8Dge County Tax Collector for o0|kaCtVD using the tax bill collection method and the [OaDO8[ described in the Ordinance on or before September 15, 2024, together with the correction of any errors or omissions, as provided for in the Ordinance. The Assessment NV||, as delivered tOthe Tax Collector, shall be @oCODlp8Died by 8 Certificate to Non -Ad Valorem Assessment Roll in substantially the form attached hereto @sAppendix B. This Resolution establishes the Code Enforcement Abatement Non -Ad Valorem Assessments to be imposed in the 2025 Fiscal Year, certifies the Assessment Roll for the 2025 Fiscal Year with such adjustments as the City Commission deems just and right, and authorizes the Mayor ofthe City of Ocoee toexecute collection ofsaid Code Enforcement Non -Ad Valorem Assessments through the County Property Appraiser and the County Tax Collector. The adoption nfthis Resolution shall bethe final adjudication nfthe issues presented /induding.but not limited to, the amount due, the method of assessment, and the Assessment Rn||\, unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of this Resolution. 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 pad shall be considered as eliminated and in no way affecting the validity of other provisions of this Resolution. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED this UA�N day of 2024. U'va- m-Im Melanie Sibbitt, City Clerk (SEAL) CITY OF OCOEE, FLORIDA. APPROVED 4 AS TO FORM AND LEGALITY THIS _6�" DAY OF va u L� 2024. 'A By: City Attorney jzico- Rusty Joh son, ayor "A16,1- UISW411 m-I s" lINW,�i l�lA Parcel ID Number Street Address Total Amount Owed 182228712200970 97 DEER KEY CT $ 266.87 312128285501260 3500 BIG EAGLE DR $ 647.62 082228881600290 881 KIMBALL DR $ 351.15 182228000000038 1455 PALM DR 1 $ 562.27 082228881000900 1 104 WILLOW CREEK RD I $ 1,171.50 Total $ 2,999.41 8/6/2024 • • • ,; ►t, DR-408A K 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 for show the non -ad valorem assessments attributable to the property listed therein have been made pursuant to law. I further certify that, upon completion of this certificate and the attachment of same to lilli'll; I lip 1��'l Valorem Assessment Roll will be delivered to the Tax Collector of this county. In witness whereof, I have subscribed this certificate and caused the same to be 30", L I 154"M = this the 6th day of August 2024 year Ax Cairm n of the Board or authorized agent of City of Ocoee (Ocoee Code Enforcement) Name of local government