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HomeMy WebLinkAbout2025-11 - Non-Ad Valorem Assessment FY 2026 - Code Enforcement• �1 • � • � • � r •' t + `C RESOLUTION OF THE CITY OF OCOEE, FLORIDA, COMMISSION RELATING TO THE COLLECTIONUNPAID LIENS FROM •DE ENFORCEMENT ABATEMENT THROUGHOUT• • PURPOSE OF SUCH EFFORTS; PROVIDING DEFINITIONS; ENDORSING THE UNIFORMMETHOD COSTSABATEMENT PROPERTIES LOCATED WITHIN THE CITY OF OCOEE; APPROVING THE VALOREM •- FISCAL YEAR PROVIDING O. .,.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; III 11�11111pi I I i I 1 �� 1•uji 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 V111, Section 2 of the Florida Constitution; Sections 166,041 and 197.3632, Florida Statutes, and other applicable provisions of law. (A) This Resolution Sets forth and approves the collection of the Non -Ad Valorem Assessment Roll "(Assessment Roll"), as defined in Section 115-I.F. of the City Code, for Fiscal Year 2026 through the procedure described in Section 11 5-I.C. of the City Code. (B) Fiscal Year 2026 is defined as the period of time from October 1, 2025 through Lftrllmw�1 .� (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. 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. 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. 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 noway affecting the validity of other provisions of this Resolution. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED this µ " m"N day of 2025. ws ATTEST: Melanie Sibbitt, City Clerk Rusty Jahn o ayor (SEAL) FOR USE * RELIANCE ONLY APPROVEDOCOEE CITY CITY OF OCOEE, FLORIDA. APPROVED COMMISSION AT A MEETING MELD AS TO FORM AND LEGALITY THIS ON `ikNtk V`,A—� DAY OF #, 2025. , ,l B y: City Attorney .- Q a moun Parcel ID Number Street Address 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 a � n DHAVIIII III i