2017-003 Resolution Relating to the Collection of Code Enforcement Abatements RESOLUTION NO. 2017-003
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA, RELATING TO THE COLLECTION OF
CODE ENFORCEMENT ABATEMENTS 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; AUTHORIZING STAFF TO ANNUALLY
PREPARE AN ASSESSMENT ROLL; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Subsection C-8(Q) of the City of Ocoee Charter ("City Charter") authorizes
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, the City Charter allows the City to make such property clean, sanitary, and
free from excessive weed growth by assessing the cost for remediation and abatement of such
nuisances against the property pursuant to an ordinance allowing such remediation and
abatement costs to be assessed as a lien on the property; and
WHEREAS, on February 21, 2017, the City Commission of the City of Ocoee, Florida,
adopted Ordinance No. 2017-010 (the "Ordinance"), to amend Chapter 115, City of Ocoee Code
of Ordinances ("City Code"), and allow the City to impose an assessment against property
where the City has undertaken action to abate or remedy a violation and has incurred costs; and
WHEREAS, the City of Ocoee 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 ordinance; and
WHEREAS, the owners of property involved in the abatement of nuisances have an
obligation under the Ordinance to pay the cost of remediation and abatement incurred by the
City, plus allowable interest; and
WHEREAS, in cases where such costs remained unpaid, the City intends to use the
uniform method 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 for by the
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Ordinance, including collecting such assessments on the uniform tax bill for each Fiscal Year
beginning on October 1; and
WHEREAS, the Florida Statutes and amendments to the City Code establish the special
assessment district for nuisance and require the Commission to adopt a Resolution; 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, the Commission, with agreement of the county property appraiser and
county tax collector, will adopt a resolution after a public hearing prior to March 1, 2017, in
accordance with section 197.3632(3), Florida Statutes; and
WHEREAS, a public hearing was held on February 21, 2017, and comments and
objections of all interested persons were heard and considered, as required by the terms of the
Ordinance.
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 the
Ordinance; the City of Ocoee 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. RECITALS. The foregoing recitals are hereby ratified and confirmed as true
and correct and incorporated herein by this reference.
SECTION 3. PURPOSE AND DEFINITIONS.
(A) This Resolution implements the establishment of a special assessment district
relating to abatement and remedying of nuisances, as described in Section 115-1 of the
Ordinance, for Fiscal Year 2018, which begins on October 1, 2017, and continuing annually for
each subsequent Fiscal Year until modified by the Ocoee City Commission. The area of the
special assessment district is the entire city limits of the City of Ocoee, with individual properties
being subject to the non-ad valorem assessment from time to time if and when violations of
Chapter 115 of the City Code occur and are corrected by the City, as provided in Chapter 115.
These boundaries may be modified from time to time by action of the Ocoee City Commission
and said modifications shall be reflected in the extent of the special assessment district as they
occur.
(B) All capitalized words and terms not otherwise defined herein shall have the
meanings set forth in the Ordinance, as applicable. Unless the context indicates otherwise,
words imparting the singular number include the plural number and vice versa.
(C) It is the purpose of this Resolution to authorize city staff to utilize the provisions
of Chapter 115 of the City Code, as amended on February 21, 2017, to recover the cost of all
code enforcement abatement actions taken by the city, in accordance with Chapter 115, City
Code, and to eliminate nuisances and menaces to the public health, safety, and welfare. This
authorization specifically includes the ability to use the Uniform Method of Non-ad Valorem
Special Assessments in cooperation with the Orange County Property Appraiser and Tax
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Collector.
SECTION 4. ANNUAL ASSESSMENT ROLL. City staff is directed to create a proposed
annual non-ad valorem assessment roll and to submit it, prior to September 15 of each year to
the Ocoee City Commission for review and consideration after a public hearing has been
conducted by that legislative body. The assessment roll shall include those properties that have
had the cost of abatement and remedying of nuisances, including any related interest, levied
against them when such assessments have not been otherwise paid in full prior to the approval
of the roll. The City Manager is authorized to exclude selected properties from the assessment
roll if he/she has determined that such method of collection is not in the city's interest. Staff is
explicitly authorized to perform all precedent actions required for the Ocoee City Commission to
properly review, consider, and adopt the annual assessment roll by resolution.
SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. This Resolution establishes
the boundaries of the area constituting the area of special non-ad valorem assessment to be
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collected using the uniform method for recovering the city's cost of nuisance and menace
abatements, plus any interest if and as authorized by the Ordinance.
SECTION 6. 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 7. EFFECTIVE DATE. This Resolution shall take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED this al day of -J'?J2/' r, , 2017.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
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Melanie Sibbitt, City Clerk Rusty Jo on, . or
(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 ZI 5r ON 3 br itt /' 'v 9/'7 .
DAY OF t , 2017.
SHUFFIELD, LOWMAN &WILSON, P.A.
By:
City Att rney