2022-12 Non-Ad Valorem Assessment - Code Enforcement AbatementRESOLUTION 2022-12
CITY OF OCOEE
CODE ENFORCEMENT NON -AD VALOREM
ASSESSMENT RESOLUTION FOR
FISCAL YEAR 2023
AUGUST 16, 2022
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
2023; 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 16, 2022, 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.
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 2023 through the procedure described in Section 115-1.C. of the City Code.
(B) Fiscal Year 2023 is defined as the period of time from October 1, 2022 through
September 30, 2023.
(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, 2022, 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 2023 Fiscal Year, certifies the Assessment Roll for the 2023
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.
[Space intentionally blank]
PASSED AND ADOPTED this day of , 2022.
ATTEST:
zjL4 �d tz*
Melanie Sibbitt, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. APPROVED
AS TO FORM AND LEGALITY THIS
DAY OF 4umr , 2022.
SHUFFIELD, LOWMAN & WILSON, P.A.
Q
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Joh o Mayor
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
O N Oi
APPENDIX A
CODE ENFORCEMENT ABATEMENT
NON -AD VALOREM ASSESSMENT ROLL
FOR THE CITY OF OCOEE
Parcel ID Number
Street Address
Total Amount
Owed
082228881000900
1204 WILLOW CREEK RD
$ 1,281.43
082228286600870
700 WURST RD
$ 160.15
192228614700010
400 S BLUFORD AVE
$ 742.82
172228790203220
242 SECURITY CI
$ 221.82
062228924304000
2308 OCOEE APOPKA RD
$ 302.11
082228555200110
1702 LITTLE SPRING HILL DR
$ 204.99
042228656700250
2664 TALL MAPLE LOOP
$ 291.66
Total $ 3,204.98
8/3/2022
APPENDIX B
CERTIFICATE
TO
CODE ENFORCEMENT ABATEMENT
NON -AD VALOREM ASSESSMENT ROLL
DR-4o8A
Rev. 9/o6
CERTIFICATE
TO
NON -AD VALOREM ASSESSMENT ROLL
I, the undersigned, hereby certify that I am the Chair of the local governing
board or his or her authorized designee for:
City of Ocoee
(name of local government)
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 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 a part thereof,
that said Non -Ad Valorem Assessment Roll will be delivered to the Property
Appraiser and 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 16 day of August 2022
Special Taxing Name
Total Record Count
Total Assessment
Ocoee Code Enforcement - 5340
7
$ 3,204.98
of
(ChAr(o local governing board or designee)
City of Ocoee
(Name of local government)
Orange County, Florida