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HomeMy WebLinkAboutOrdinance 2007-029 Imposing Fire Assessment Fee ORDINANCE NO. 2007-029 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, PROGRAMS, AND FACILITIES IN THE CITY OF OCOEE, FLORIDA; AUTHORIZING THE IMPOSITION OF FIRE RESCUE ASSESSMENTS; PROVIDING GENERAL FINDINGS AND A LEGISLATIVE DETERMINATION OF SPECIAL BENEFIT; PROVIDING DEFINITIONS; ESTABLISHING THE PROCEDURES FOR IMPOSING FIRE RESCUE ASSESSMENTS; ESTABLISHING THE PROCEDURE FOR COLLECTION OF FIRE RESCUE ASSESSMENTS; AUTHORIZING THE USE OF THE UNIFORM METHOD OF . COLLECTION OF NON-AD VALOREM ASSESSMENTS FOR FIRE RESCUE ASSESSMENTS; PROVIDING THAT FIRE RESCUE ASSESSMENTS MAY CONSTITUTE A LIEN ON ASSESSED PROPERTY EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY, DISTRICT OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the. City of Ocoee, Florida desires to establish method for assessing the cost of fire services in a manner that will insure that there are adequate funds to provide for the level of services deemed necessary and proper to promote the health, safety, and general welfare of its citizens; and WHEREAS, the City Commission of the City of Ocoee, Florida desires to insure that the cost of fire services are borne on a fair and reasonable basis by the property owners receiving the benefit of said services. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA AS FOLLOWS: Section 1. Authoritv. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. Section 2. Fire Rescue Fees and Assessments. A new Chapter 77 of the Code of Ordinances of the City of Ocoee, Florida is hereby adopted as follows: See Exhibit "A" attached hereto, and by this reference made a part hereof. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. ORLA_613658.2 Section 4. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. Section 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this ~ay 0~~007. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA ~U~ S. Scott Vandergrift, Mayor ~~~ lkenberry, City Clerk - (SEAL) ADVERTISED J)ec.etrlw'1 ,2007 READ FIRST TIME f>et..t.nJbw i, 2007 READ SECOND TIME AND ADOPTED , 2007 UNDER AGENDA TEM NO.~ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this 11- day of J}celJ\ ba-, 2007. ::LP:Jrf[;;v City Attorney 2 ORLA_613658.2 EXHIBIT" A" TO ORDINANCE NO. CHAPTER 77 FIRE RESCUE ASSESSMENTS ~ 77-1. Title. This Chapter shall be known and may be cited as the "Fire Rescue Assessments Chapter." ~ 77-2. General Findings. It is hereby found, ascertained, determined, and declared that: A. Pursuant to Article VIII, section 2(b), Florida Constitution, and F.S. ~~ 166.021 and 166.041, the City Commission has all powers of local self government necessary to perform municipal functions and to render municipal services except when prohibited by law. Such municipal power may be exercised by the enactment of legislation in the form of city ordinances. B. The City Commission may exercise any governmental, corporate, or proprietary power for a municipal purpose except when expressly prohibited by law, and the City Commission may legislate on any subject matter on which the state legislature may act, except those subjects described in F.S. ~~ 166.021(3)(a), 166.021 (3)(b), 166.021(3)(c) and 166.021 (3)(d). The subject matter of F.S. ~~ 1.66.021 (3)(a), 166.021 (3)(b), 166.021(3)(c) and 166.021 (3)(d) is not relevant to the imposition of fire rescue assessments. C. The purposes of this Chapter are to: (1) provide procedures and standards for the imposition of city-wide fire rescue assessments under the general home rule powers of a municipality to impose special fees and assessments; (2) authorize a procedure for the funding of fire rescue services, facilities, or programs providing benefits to property within the City; and (3) legislatively determine the special benefit provided to assessed property from the City's fue rescue services, facilities and programs. ~ 77-3. Legislative Determination of Special Benefit. It is hereby found, ascertained, determined, and declared that the City's fire rescue services, facilities, and programs provide a special benefit to property within the City that is improved by the existence or construction of a building based upon the following legislative determinations: A. The City's fire rescue services, facilities and programs possess a logical relationship to the use and enjoyment of improved property by: (1) protecting the value of the improvements and structures through the provision of available fire rescue services; (2) protecting the life and safety of intended occupants in the use and enjoyment of improvements and structures within improved parcels; (3) lowering the cost of fire insurance by the presence of a professional and comprehensive fire rescue program within the City; and (4) containing the spread. of fue incidents occurring on vacant property with the potential to spread and endanger the structures and occupants of improved property. ORLA_613780.3 B. The City's fire rescue services, facilities and programs enhance the value of business and commercial property that is improved by the existence or construction of a building, which enhanced value can be anticipated to be reflected in the rental charge or value of such business or commercial property. ~ 77-4. Defmitions. The following words, terms and phrases when used herein shall have the meanings indicated, unless the context clearly indicates otherwise: Assessed property means all parcels of land subject to the fire rescue assessment that receive a special benefit from the delivery of the fire rescue services, programs or facilities. Assessed property includes government property as defined herein. Building means any structure, whether temporary or permanent, built for support, shelter or enclosure of persons, chattel, or property of any kind, including mobile homes. This term shall include the use of land in which lot or spaces are offered for use, rent or lease for the placement of mobile homes, travel trailers, or the like for residential purposes. Fire rescue assessment means a special assessment lawfully imposed by the City Commission against assessed property to fund all or any portion of the cost of the provision of fire rescue services, programs, and facilities providing a special benefit to property as a consequence of possessing a logical relationship to the value, use, or characteristics of the assessed property. Fire rescue assessment rate resolution means the resolution described in Section 77 -6 establishing the rate at which a fire rescue assessment will be computed. Fire rescue cost means the amount determined by the City Commission to be charged over a designated time period to fund all or any portion of the cost (as determined by generally accepted accounting practices) of the provision of fire rescue services, facilities, or programs which provide a special benefit to assessed property, and are fairly and reasonably charged to government property for the fire rescue services, facilities, and programs such property receives, and shall include, but not be limited to, the following components: i. The cost of physical construction, reconstruction or completion of any required facility or improvement; ii. The costs incurred in any required acquisition or purchase; iii. The cost of all labor, materials, machinery, and equipment; IV. utilities; The cost of fuel, parts, supplies, maintenance, repairs, and v. The cost of computer services, data processing, and communications; 2 ORLA_613780.3 vi. The cost of all lands and interest therein, leases, property rights, easements, and franchises of any nature whatsoever: Vll. The cost of any indemnity or surety bonds and premiums for insurance; Vlll. The cost of salaries, volunteer pay, workers' compensation insurance, or other employment benefits; IX. The cost of uniforms, training, travel, and per diem; X. The cost of construction plans and specifications, surveys and estimates of costs; Xl. services; The cost of en~eering, fmancial, legal, and other professional xii. The costs of compliance with any contracts or agreements entered into by the city to provide fire rescue services; Xlll. All costs associated with the structure, implementation, collection. and enforcement of the fire rescue assessments and amounts necessary to offset discounts received for early payment of fire rescue assessments; XlV. All other costs and expenses necessary or incidental to the acquisition, provision, or construction of fire rescue services facilities, or programs, and such other expenses as may be necessary or incidental to any related financing authorized by the City Commission by subsequent resolution; xv. A reasonable amount for contingency and anticipated delinquencies and uncollectible fire rescue assessments; and xvi. Reimbursement to the City or any other person for any moneys advanced for any costs incurred by the City or such person in connection with any of the foregoing components of fire rescue cost. Government property means property owned by the United States of America or any agency thereof, a sovereign state or nation, the state or any agency thereof, a county, a special district or a municipal corporation. Owner means the person reflected as the owner of property on the tax roll or utility bill. Uniform Assessment Collection Act means F.S. ~~ 197.3632 and 197.3635 or any successor statutes authorizing the collection of non-ad valorem assessments on the same bill as ad valorem taxes. and any applicable regulations promulgated thereunder. ~ 77-5. Additional and Alternative Methods. 3 ORLA_613780.3 A. This Chapter shall be deemed to provide additional and alternative methods for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This Chapter, being necessary for the welfare of the inhabitants of the City, shall be liberally construed to effect the purposes hereof. B. Nothing contained in this Chapter shall preclude the City Commission from directing and authorizing, by resolution, the combination with each other of: i. Any supplemental or additional notice deemed proper, necessary or convenient by the City; ii. Any notice required by this Chapter; 111. Any notice required by law, including the Uniform Collection Assessment Act. C. Any actions of the City Commission required to be taken by resolution pursuant to this Chapter may be combined into a single resolution and a separate resolution for each action shall not be required. ~ 77-6. General Authority. A. The City Commission is hereby authorized to impose a fire rescue assessment to fund all or any portion of the fire rescue cost for assessed property upon benefited property at a rate of assessment based on the' special benefit accruing to such property from the City's provision of fire rescue services, facilities, or programs. B. All fire rescue assessments shall be imposed by the City Commission by a fire rescue assessment rate resolution adopted after a public hearing preceded by at least fourteen (14) days' written notice of the hearing and the proposed action by publication once a week for a period of 2 weeks in a newspaper of general circulation in the City of Ocoee, or as may otherwise be required by law. Such fire rescue assessment rate resolution shall determine the amount of the fire rescue assessment against assessed property pursuant to an apportionment methodology based upon a classification of property designed to provide a fair and reasonable apportionment of the fire rescue cost for assessed property among properties on a basis reasonably related to the special benefit provided by fire rescue services, facilities, or programs funded with assessment proceeds. Such resolution shall also determine whether government property and/or institutional (non-governmental) property, which is exempt from the payment of ad valorem taxes, will be subject to the fire rescue assessments. C. Nothing contained in this Chapter shall be construed to require the imposition of the fire rescue assessments against government property and/or institutional (non-governmental) property that is exempt from the payment of ad valorem taxes. D. Notwithstanding any provision contained herein to the contrary, no fire rescue assessments shall be imposed by the City until at least thirty (30) days after the adoption of the fire rescue assessment rate resolution. 4 ORLA_613780.3 ~ 77-7. Billing and Collection. A. Unless otherwise directed by the City Commission, fire rescue assessments shall be collected pursuant to the uniform method for levy, collection, and enforcement of non-ad valorem assessments as provided in the Uniform Assessment Collection Act. B. In the event that the City utilizes the uniform method for the levy, collection, and enforcement of non-ad valorem assessments for the collection of fire rescue assessments, the City shall use the other billing and collection methods provided in this Chapter for the billing and . collection of fire rescue assessments that are not included on the assessment roll adopted pursuant to the Uniform Assessment Collection Act. C. In the event that the City utilizes the uniform method for the levy, collection, and enforcement of non-ad valorem assessments for the collection of fire rescue assessments, the City shall use the other billing and collection methods provided in this Chapter for the billing and collection of fire rescue assessments with respect to government property, which shall not be included on the assessment roll adopted pursuant to the Uniform Assessment Collection Act. Fire rescue assessments imposed against government property shall be due on the same date as other fire rescue assessment and, if applicable, shall be subject to the same discounts for early payment. . ~ 77-8. Alternative Methods of Billing and Collection A. As an alternative to collecting fire rescue assessments pursuant to the uniform method for levy, collection, and enforcement of non-ad valorem assessments, the City may elect to bill and collect fire rescue assessments pursuant to monthly bills provided by the City. In the event the City elects to bill and collect fire rescue assessments pursuant to monthly bills, the City shall include the fire rescue assessment on the monthly utility bill for those lots or parcels utilizing city utilities and shall provide a separate fire rescue assessment bill for those lots or parcels and owners thereof not utilizing city utilities. B. All bills for fire rescue assessments shall be rendered monthly and shall be payable at the same time and in the same manner and subject to the same penalties as utility bills of the City under the terms and conditions of the Ocoee City Code. The fire rescue assessment shall be part of a consolidated statement for utility customers that is generally paid by a single payment. In the event that a partial payment is received, the payment shall first be. applied to garbage and trash, next applied to stormwater management, next applied to the fire rescue assessment, next applied to sewer, and finally applied to water. C. In addition to any other remedies or penalties provided by this Chapter or any other ordinance of the City, failure of any user of City utilities within the City to pay said fire rescue assessment promptly when due shall subject such user to discontinuance of water and sewer utility services, and the City Manager is hereby empowered and directed to enforce this provision as to any and all delinquent users. D. In the case that an occupant, tenant or person other than the owner of any lot or parcel shall receive a fire rescue assessment bill pursuant to this Chapter and shall fail to pay 5 ORLA_613780.3 such bill, then the owner of such lot or parcel shall be liable for such bill, and the City shall not be required to look to any person whatsoever other than the owner for the payment of such bill. E. In the event that any flre rescue assessment bill shall not be paid as and when due, any unpaid balance thereof, along with all interest accruing thereon and costs of collection, including but not limited to attorneys' fees and costs, shall be and constitute a lien against the affected property, equal in rank and dignity with the liens of all state, county, district, or municipal taxes and special assessments, and superior in rank aI)d dignity to all other prior liens, mortgages, titles, and claims in and to or against the real property involved. The City may record in the public records of Orange County, Florida, a notice of lien giving notice to all persons that the City is asserting a lien upon the affected lot or parcel. In the event that any fIre rescue assessment shall not be paid as and when due and shall be in default for thirty (30) days or more, the unpaid balance thereof and all interest accrued thereon, together with the costs of collection, including but not limited to attorneys' fees and costs, may be recovered by the City in a civil action, and any such lien, accrued interest and any additional costs may be foreclosed or otherwise enforced by the City by action or suit in equity as for the foreclosure of a mortgage on real property.. F. Notwithstanding the foregoing, any fIre rescue assessments imposed against government property shall not constitute a lien on such government property and shall not be subject to foreclosure for nonpayment. In the event of nonpayment of a flre rescue assessment imposed upon government property, the City may pursue all actions available at law or in equity, including, but not limited to, a mandamus action. G. Notwithstanding any other provisions of this Chapter, the City may make alternative collection arrangements with property owners or tenants or both for the payment of the flre rescue assessments. ~ 77-9. Correction of Errors and Omissions. A. No act of error or omission on the part of the City Manager, City Commission, or their deputies or employees, shall operate to release or discharge any obligation for payment of a fire rescue assessment imposed by the City Commission under the provision of this Chapter. B. When it shall appear that any fIre rescue assessment should have been imposed under this Chapter against property specially benefited by the provision of fire rescue services, facilities, or programs, but that the owner, tenant or occupant of such property was underbilled or not sent a bill, the City may impose the applicable fire rescue assessment against the property for which such error is discovered, in addition to the applicable fIre rescue assessment due for the prior 24 months. Such delinquent fire rescue assessment may be collected as provided for the collection of other charges on the utility bill, or may be collected as provided in the Uniform Assessment Collection Act, or may be collected as a lien against assessed property equal in rank and dignity with the liens of all state, county, district, or municipal taxes and special assessments, and superior in rank and dignity to all other prior liens, mortgages, titles, and claims in and to or against the real property involved. 6 ORLA_613780.3