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2016-013 Fire Protection Services, Facilities and Programs CITY OF OCOEE, FLORIDA ORDINANCE MODIFYING CHAPTER 77, FIRE PROTECTION ASSESSMENT 2016-013 FIRST READING OCTOBER 18, 2016 SECOND READING NOVEMBER 1,2016 1 ORDINANCE NO 2016-013 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA RELATING TO THE PROVISION OF FIRE PROTECTION SERVICES, FACILITIES, AND PROGRAMS THROUGHOUT THE INCORPORATED AREAS OF OCOEE, FLORIDA; MODIFYING ORDINANCE NO. 2013-010, AS CODIFIED IN CHAPTER 77 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII, Section 2(b) of the Constitution of the State of Florida, Chapter 166, Florida Statutes, and the powers of local self-government to perform municipal functions and to render municipal services in a manner not inconsistent with law, and such power may be exercised by the enactment of city ordinances. SECTION 2. Purpose. The purpose of this Ordinance is to modify and refine the requirements of Ordinance 2013-010, as codified in Chapter 77 of the Code of Ordinances of the City of Ocoee. SECTION 3. Chapter 77, Article I, Section 77-1—Definitions is hereby modified by: (a) Deleting the definition of Annual Rate Resolution. (b) Adding a definition of Applied Assessment Rate, which should read, "'Applied Assessment Rate' means the actual assessment rate adopted by the City Commission in the Final Assessment Resolution or Revised Rate Resolution. The Applied Assessment Rate shall be less than or equal to the Maximum Assessment Rate." (c) Modifying the definition of Maximum Assessment Rate to read, "'Maximum Assessment Rate' means the highest rate of Fire Protection Assessment established by the City Commission. The Applied Assessment Rate may not be greater than the Maximum Assessment Rate." (d) Deleting the definition of Preliminary Rate Resolution. (e) Adding a definition of Revised Rate Resolution, which should read, "'Revised Rate Resolution' means the resolution described in 2.08 hereof, which shall modify the Maximum Assessment Rate then in effect and may otherwise modify the imposition of the Fire Protection Assessment in a manner not inconsistent with this Ordinance." In all other respects,Section 77-1 shall remain unchanged. 2 SECTION 4. Delete Chapter 77, Article II, Section 77-12 — Annual Adoption Procedure in its entirety and insert the following text: 77-12.—Annual Assessment Procedures. A. Once the Final Assessment Resolution has been adopted by the City Commission, the Maximum Assessment Rate and the Applied Assessment Rate shall remain in effect unless modified by a subsequent Revised Rate Resolution, at which time the Maximum Assessment Rate and Applied Assessment Rate shall become the values included in the Revised Rate Resolution upon the effective date stated in that Resolution. If an explicit Applied Assessment Rate is not adopted by the City Commission, the Maximum Assessment Rate shall be used as the Applied Assessment Rate. B. Once an Applied Assessment Rate is explicitly or implicitly adopted by resolution of the City Commission, it shall remain in effect and the Fire Protection Assessment shall continue to be annually levied upon Assessed Properties until such time as the City Commission shall adopt a Revised Rate Resolution. C. In preparation for levying the Fire Protection Assessment in the following Fiscal Year and as {` part of the budget adoption process, the City Manager or his designee shall prepare a list of parcels and buildings within the city and assign a hazard class and size tier to each building so as to calculate the Fire Protection Assessment to be levied on each parcel at the Applied Assessment Rate last established by the City Commission. The manner of calculating the Fire Protection Assessment is established by resolution of the City Commission. D. In the event the City Commission may consider setting the Maximum Assessment Rate and/or the Applied Assessment Rate for the next fiscal year at a different value than that in effect at the time, the City Commission shall be required to first adopt a Revised Rate Resolution. If the proposal is to raise the Maximum Assessment Rate, the Revised Rate Resolution may be adopted by the City Commission only after it conducts a public hearing for which the notice requirements of Sections 77-8 and 77-9 shall apply. E. The adoption of the Revised Rate Resolution shall be the final adjudication of the issues presented (including, but not limited to, the determination of special benefit and fair apportionment to the Assessed Property; the method of apportionment and assessment; the Maximum Assessment Rate; the Applied Assessment Rate; the Assessment Roll; and the levy and lien of the Fire Protection Assessments) unless, within 20 days from the date of the City Commission action on the Revised Rate Resolution, proper steps shall be initiated in a 3 court of competent jurisdiction to secure relief. Nothing contained herein shall be construed or interpreted to affect the finality of any Fire Protection Assessment not challenged within the required 20-day period for those Fire Protection Assessments previously imposed against Assessed Property by the inclusion of said property on a prior Assessment Roll endorsed by the City Commission. F. The City Manager or his designee shall prepare a proposed Fire Protection Assessment non- ad valorem Assessment Roll using the appropriate Applied Assessment Rate for endorsement by a resolution of the City Commission. Once endorsed by the City Commission, the Assessment Roll shall be the official statement of the City as to the Fire Protection Assessment to be levied on each parcel. SECTION 5. Modify Chapter 77, Article II, Section 77-13 —Lien of Fire Protection Assessments to read: {i{ 77-13.—Lien of Fire Protection Assessments. Upon the adoption of the Assessment Roll, all Fire Protection Assessments shall constitute a lien against the Assessed Properties equal in rank and dignity with the liens of all state, county, district, or municipal taxes and special assessments. Except as otherwise provide by law, such lien shall be superior in dignity to all other prior liens, mortgages, titles, and claims until paid. The lien for a Fire Protection Assessment shall be deemed perfected upon the City Commission's adoption of the Final Assessment Resolution or the annual Assessment Roll, whichever is applicable. The lien for a Fire Protection Assessment collected under the Uniform Assessment Collection Act shall attach to the property included on the Assessment Roll as of the prior January 1,the lien date imposed for ad valorem taxes imposed under the Tax Roll. The lien for a Fire Protection Assessment collected under the alternative method of collection provide in Section 77-20 shall be deemed perfected upon the City Commission's adoption of the Final Assessment Resolution or the annual Assessment Roll, whichever is applicable, and shall attach to the property on such date of adoption. SECTION 6. Modify Chapter 77,Article II, Section 77-16.B to read: B. When it shall appear that any Fire Protection Assessment should have been imposed under this Chapter against a parcel of property specially benefited by the provision of fire protection services, facilities, or programs, but that such property was omitted from the Assessment Roll; or such property was erroneously assessed; 4 { or was not listed on the Tax Roll as an individual parcel of property as of the effective date of the Assessment Roll approved for any upcoming Fiscal Year, the City Commission may, upon provision of a notice by mail provided to the Owner of the omitted or erroneously assessed parcel in the manner and form provided in Section 77-9, impose the applicable Fire Protection Assessment for the Fiscal Year in which such error or omission is discovered, in addition to the applicable Fire Protection Assessment due for the two prior Fiscal Years. Such Fire Protection Assessment shall constitute 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, shall be collected as provided in Article III hereof, and shall be deemed to be perfected on the date of adoption of the resolution imposing the omitted or delinquent assessments. In all other respects,Section 77-16 shall remain unchanged. SECTION 7. Delete Chapter 77, Article II, Section 77-17 — Authorization for Exemptions and Hardship Assistance in its entirety and renumber the subsequent sections. SECTION 8. Revise Chapter 77,Article II, Section 77-18.A to read: A. An interim Fire Protection Assessment may be imposed against all property for which a Building Permit or Certificate of Occupancy, at the discretion of the City Commission, is issued after adoption of the Fire Protection Assessment. The amount of the interim Fire Protection Assessment shall be calculated upon a monthly rate, which shall be one-twelfth (1/12) of the annual rate for such property computed in accordance with the Applied Assessment Rate for the Fiscal Year for which the interim Fire Protection Assessment is being imposed. Such monthly rate shall be imposed for each full calendar month remaining in the fiscal year. In addition to the monthly rate, the interim fire protection assessment may also include an estimate of the subsequent fiscal year's fire protection assessment. No building permit or certificate of occupancy, at the discretion of the City Commission, shall be issued until full payment of the interim fire protection assessment is received by the City. Issuance of the building permit or certificate of occupancy, at the discretion of the City Commission, without the payment in full of the interim fire protection 5 fk assessment shall not relieve the owner of such property of the obligation of full payment. Any interim fire protection assessment not collected prior to the issuance of the building permit or certificate of occupancy, at the discretion of the City Commission, may be collected pursuant to the Uniform Assessment } Collection Act as provided in § 77-19 of this Chapter or by any other method authorized by law. Any interim fire protection assessment shall be deemed due and payable on the date the building permit or certificate of occupancy, at the discretion of the City Commission, was issued and shall constitute a lien against such property as of that date. Said lien shall be 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 liens, encumbrances, titles and claims in and to or against the real property involved and shall be deemed perfected upon the issuance of the building permit or certificate of occupancy, at the discretion of the City Commission. In all other respects, Section 77-18 shall remain unchanged. SECTION 9. Delete Chapter 77, Article III, Section 77-21 — Government Property in its entirety and insert the following text: §77-21.—Exemptions. No Fire Protection Assessment shall be imposed upon a parcel of Government Property, or a parcel exempt from such fees by action of Florida law, or any building categorized as institutional property whose building use is wholly exempt from taxation under Florida law, as determined by the Orange County Property Appraiser; however, government-owned property that is owned by federal mortgage entities, such as the Veterans Administration and the Department of Housing and Urban Development, shall not be exempt from the Fire Protection Assessment. SECTION 10. Codification. It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of Chapter 77 of the Code of Ordinances of the City of Ocoee; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the wording and form of the applicable content of this Ordinance may be modified to be consistent with those of the codified Chapter 77. 6 SECTION 11. Severability. The provisions of this Ordinance are severable. If any section, subsection, sentence, clause, or provision is held to be invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance shall not be affected thereby. SECTION 12. Effective Date. This Ordinance shall be in force and take effect immediately upon its passage and adoption. ( PASSED AND ADOPTED this °. day of /l%VI, 'b-er . , 2016. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA /%,Z.}(/rJLZ7/ ' '�► Melanie Sibbitt, City Clerk Rusty Johnso ID, or (SEAL) FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY CITY OF OCOEE, FLORIDA. APPROVED COMMISSION AT A MEETING HELD ON AS TO FORM AND LEGALITY THIS f Miltrriber .i , 020119 DAY OF ©V. , 2016. 545 SHUFFIELD, LOWMAN &WILSON, P.A. <------ ,Th By .tTh Ci Attorne { pp 7