HomeMy WebLinkAboutItem 25 Public Hearing to Adopt the Annual Code Enforcement Abatement Assessment Resolution to certify the FY 2026 Non-Ad Valorem Assessment Tax Roll for Abatement Cost Recovery
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: August 5, 2025
Item #: 25
Contact Name: Mark Olson Department Director: Vincent Ogburn
Contact Number: Ext. 3355 City Manager: Craig Shadrix
Subject: Public Hearing to Adopt the Annual Code Enforcement Abatement Assessment
Resolution to certify the FY 2026 Non-Ad Valorem Assessment Tax Roll for Abatement Cost
Recovery. (Police Chief Ogburn)
Background Summary:
Section 115-1 of the City Code of Ordinances establishes the geographic limits of the City of Ocoee as a
special assessment district, authorizing the City Commission to levy a non-ad valorem assessment against
properties where the City 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 before September 15 of each year. There are presently six
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 time the City Commission would consider adding the cost of abatement to their
FY2026 property taxes. The form and content of these notifications conform to the requirements described in
Section 197.3632, Florida Statutes. The identified addresses and amount of costs are:1204 Willow Creek
Road Ocoee, FL ($1,385.08), 1414 E. Silver Star Road Ocoee, FL ($468.15), 251 Maine Street Ocoee, FL
($561.59), 2702 Child Street Ocoee, FL ($295.38), 881 Kimball Drive Ocoee, FL ($962.56). This totals
$3,672.76, which can be applied to the FY 2026 tax bill.
Issue:
Should the Honorable Mayor and City Commissioners consider adding the cost of abatement of the listed
properties to their FY 2026 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 approve the proposed resolution to
approve adding the cost of abatement of the listed properties to their FY 2026 Non-Ad Valorem Assessment
for Code Enforcement Abatements and certify the Code Enforcement Abatement Assessment Roll.
Attachments:
1. Sample Notice of Hearing Letter
2. Resolution FY 2026
3. Appendix A - Assessment Roll
4. Appendix B - Certificate to Non-Ad Valorem Assessment Roll
5. Advertisement
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
Financial Impacts:
As of June 18, 2025, the City of Ocoee has unpaid code enforcement abatement costs totaling $3,672.76 that
can be placed on the FY 2026 tax bill. This amount includes the cost of abatement, interest accruing at an
annual rate of 18% compounded until September 30, 2025, and administrative expenses 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: Public Hearing
Mayor
Rusty Johnson
Commissioners
Scott R. Kennedy
District 1
Rosemary Wilsen
District 2
Richard Firstner
District 3
George Oliver III
District 4
City Manager
Craig Shadrix
Chief of Police
Vincent L. Ogburn Sr.
City of Ocoee ▪ 1 North Bluford Avenue ▪ Ocoee, Florida 34761
407-905-3100 ▪ www.ocoee.org
* * * THIS 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 01, 2025
Parcel Tax ID:
Legal:
Address:
* * * 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 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
$ 327.39.
A public hearing will be held at 6:15 pm or soon thereafter on Tuesday, August 05, 2025,
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 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.
Mayor
Rusty Johnson
Commissioners
Scott R. Kennedy
District 1
Rosemary Wilsen
District 2
Richard Firstner
District 3
George Oliver III
District 4
City Manager
Craig Shadrix
Chief of Police
Vincent L. Ogburn Sr.
City of Ocoee ▪ 1 North Bluford Avenue ▪ Ocoee, Florida 34761
407-905-3100 ▪ www.ocoee.org
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.
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.
RESOLUTION 2025-_____
CITY OF OCOEE
CODE ENFORCEMENT NON-AD VALOREM
ASSESSMENT RESOLUTION FOR
FISCAL YEAR 2026
AUGUST 05, 2025
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
2025; 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 05, 2025, for comments and objections
of all interested persons to be 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 2026 through the procedure described in Section 115-1.C. of the City Code.
(B) Fiscal Year 2026 is defined as the period of time from October 1, 2025 through
September 30, 2026.
(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, 2025, 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 2026 Fiscal Year, certifies the Assessment Roll for the 2026
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 ______________________, 2025.
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 ___________________, 2025.
By: _________________________________
City Attorney
APPENDIX A
ASSESSMENT ROLL
APPENDIX B
CERTIFICATE TO NON-AD VALOREM
ASSESSMENT ROLL
Parcel ID Number Street Address
Total Amount
Owed
82228881600290 881 KIMBALL DR $962.56
162228906301310 2702 CHILD ST $295.38
202228000000015 251 MAINE ST $561.59
162228000000042 1414 E SILVER STAR RD $468.15
82228881000900 1204 WILLOW CREEK RD $1,385.08
Total $3,672.76
CERTIFICATE TO
NON-AD VALOREM ASSESSMENT ROLL
DR-408A
N. 02/91
I, the undersigned, hereby certify that I am the Chairman of the Board, or authorized
agent of
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 further certify that, upon completion of this certificate and the attachment of same to
the herein described Non-Ad Valorem Assessment Roll as part thereof, said Non-Ad
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
attached to and made a part of the above described Non-Ad Valorem Assessment Roll
this the day of , .
County,, located in
year
Chairman of the Board or authorized agent
Name of local government
of
County, Florida
FIRST INSERTIONNOTICE OF PUBLIC HEARINGTO IMPOSE AND PROVIDE FOR COLLECTIONOF 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 05, 2025, in the City Commission Chambers, 1 North Bluford Avenue, Ocoee, Flori-da 34761 for the purpose of receiving public comment on the proposed assessment. All affected property owners have the right to appear at the public hearing and the right to file written objections to the City Commission within 20 days of this pub-lication date. 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.
July 3, 2025 25-01739W
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