HomeMy WebLinkAboutCity of Tamarac Resolution R-2021-086Temp. Reso. # 13626
July 14, 2021
Page 1 of 10
CITY OF TAMARAC, FLORIDA
RESOLUTION NO.2021 - vS�O
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, RELATING TO THE PROVISION OF NUISANCE
ABATEMENT ON CERTAIN REAL PROPERTIES BY THE CITY IN
ACCORDANCE WITH CHAPTER 9, ARTICLE II, DIVISION V OF THE
CITY'S CODE OF ORDINANCES; DETERMINING THAT CERTAIN
REAL PROPERTY HAS BEEN SPECIALLY BENEFITED BY THE CITY'S
ABATEMENT OF NUISANCES THEREON; DIRECTING THE CITY
MANAGER TO PREPARE OR DIRECT THE PREPARATION OF A
PRELIMINARY NUISANCE ABATEMENT ASSESSMENT ROLL;
ESTABLISHING A PUBLIC HEARING FOR THE PROPOSED LEVY OF
UNPAID NUISANCE ABATEMENT ASSESSMENTS ON THE ANNUAL
TAX BILL AND DIRECTING THE PROVISION OF NOTICE IN
CONNECTION THEREWITH; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA, AS FOLLOWS:
ARTICLE 1
DEFINITIONS AND CONSTRUCTION
SECTION 1.01. PURPOSE AND DEFINITIONS. This resolution constitutes the
Initial Nuisance Abatement Assessment Resolution in order to collect the Nuisance Abatement
Special Assessment on the annual Property Tax Bill using the Uniform Assessment Collection
Act. All capitalized words and terms shall have the meanings set forth in the Chapter 9, Division
V of the City's Code of Ordinances (the "Ordinance"). As used in this resolution, the following
terms shall have the following meanings, unless the context hereof otherwise requires:
"Abatement" means the City's actions to reduce and/or eliminate a Nuisance on Assessed
Properties.
Temp. Reso. # 13626
July 14, 2021
Page 2 of 10
"Assessed Properties" means those real properties within the City on which the City has
abated nuisances pursuant to the Ordinance and which have been assessed the City's costs of
abating the nuisances on such property pursuant to the Ordinance.
"Nuisance" means those conditions on properties that are declared to be nuisances and
menaces within the Ordinance and those conditions prohibited on real property by the Ordinance.
"Ordinance" means Ordinance 2012-10, adopted by the City Commission on May 9,
2012, as may be amended from time to time, and codified as Chapter 9, Article II, Division V of
the City's Code of Ordinances.
"Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, Florida
Statutes, 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.
SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise,
words importing the singular number include the plural number, and vice versa; the terms "hereof,"
"hereby," "herein," "hereto," "hereunder" and similar terms refer to this resolution; and the term
"hereafter" means after, and the term "heretofore" means before, the effective date of this
resolution. Words of any gender include the correlative words of the other genders, unless the
sense indicates otherwise.
SECTION 1.03. LEGISLATIVE FINDINGS. It is hereby ascertained, determined,
and declared that:
(A) The general and legislative findings and declarations set forth in the Ordinance are
incorporated and relied upon herein.
(B) Pursuant to Article VIII, Section 2(b) of the Florida Constitution, and Sections
166.021 and 166.041, Florida Statutes, the City Commission has all powers of local self-
Temp. Reso. # 13626
July 14, 2021
Page 3 of 10
government to perform municipal functions and render municipal services except when prohibited
by law and such power may be exercised by the enactment of City ordinances or resolutions.
(C) 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 Florida Legislature may act, except those subjects
described in (a), (b), (c), and (d) of Section 166.021(3), Florida Statutes. The subject matter of
paragraphs (a), (b), (c), and (d) of Section 166.021(3), Florida. Statutes, are not relevant to the
imposition of assessments related to Nuisance Abatement Services.
(D) The special benefits of Nuisance Abatement services provided by the City to the
Assessed Properties include, but are not limited to: (1) the alleviation of imminent public -health
threats, (2) alleviating the accumulation of trash, junk and debris, the excess growth of grass, and
any unsafe or unsanitary conditions, (3) removal of piles of debris and wood, and (4) addressing
stagnant water on site, particularly in pools. These items, if not addressed and abated, reduce the
value of the Assessed Property, increase liability risks to property owners, and are expenditures
made by the City that the property owner ultimately is responsible for paying.
(E) The Abatement of Nuisances by the City is necessitated by the existence of
Nuisances on the Assessed Properties. Accordingly, it is fair and reasonable to assess the Assessed
Properties for the City's Actual Cost of Abatement on the Assessed Properties.
(F) The Nuisance Abatement Special Assessment authorized by the Ordinance and this
Initial Assessment Resolution provide an equitable method of recovering the City's Actual Costs
of Nuisance Abatement from Assessed Properties by fairly and reasonably allocating the Actual
Cost of Nuisance Abatement to the Assessed Property on which the Nuisance was abated.
Temp. Reso. # 13626
July 14, 2021
Page 4 of 10
ARTICLE II
NUISANCE ABATEMENT SPECIAL ASSESSMENT
SECTION 2.01. IMPOSITION AND COMPUTATION.
(A) A Nuisance Abatement Special Assessment has been imposed on two (2) Assessed
Properties pursuant to the Ordinance. The City has complied with the terms of conditions of the
Ordinance, including all notices and collection efforts set forth therein. The City is using the
Uniform Assessment Collection Act to collect the Nuisance A Special Aft on
those properties for which the property owners have not paid the special assessment as required
by the Ordfi a we.
(B) The Actual Cost shall be assessed against each Assessed Property within the City,
which represents the special benefit accruing to such Assessed Property from the C'rty's Abatement
of Nuisances on the Assessed Property dunng the 2020-2021 Fiscal Year. The Special Assessment
on each of the two (2) Assessed Properties is set forth in Appendix "A" hereto_
SECTION 2.03. NUISANCE ABATEMENT ASSESSMENT ROLL. The City
Manager is hereby directed to prepare, or direct the lion of the Nuisance Abatement
Assessment Roll for the Nuisance Abatement Special Assessment, which will reflect the Actual
Costs levied on the Assessed Properties within the City. A copy of this Initial Assessment
Resolution and the Nuisance Abatement Assessment Roll shall be maintained on file in the Office
of the City Clerk and open to public inspection. The foregoing shall not be construed to require
that the Nuisance Abatement Assessment Roll be in printed form if the amount of the Nuisance
Abatement Special Assessment for each Assessed Property can be determined by use of an
available computer terminal.
Temp. Reso. # 13626
July 14, 2021
Page 5 of 10
SECTION 2.04. METHOD OF COLLECTION
All Nuisance Abatement Special Assessments identified in Appendix "A" hereto shall be
collected using the Uniform Assessment Collection Act.
ARTICLE III
NOTICE AND PUBLIC HEARING
SECTION 3.01. PUBLIC HEARING. There is hereby established a public hearing
to be held at 5:05 p.m. on September 13, 2021, at Tamarac City Hall, 7525 Northwest 88t' Avenue,
Tamarac, Florida 33321, to consider collection of the Nuisance Abatement Special Assessment on
Assessed Properties pursuant to this Initial Resolution.
SECTION 3.02. NOTICE BY PUBLICATION. The City Manager, or his
designee, shall publish a notice of the public hearing authorized by Section 3.01 hereof in the
manner and the time provided in the Ordinance. The published notice shall be in substantially the
form attached hereto as Appendix B.
SECTION 3.03. NOTICE BY MAIL. The City Manager, or his designee, shall, at
the time and in the manner specified in the Ordinance, provide mailed notice of the public hearing
authorized by Section 3.01 hereof to each property owner of Assessed Properties at the address
indicated on the Tax Roll.
ARTICLE IV
GENERAL PROVISIONS
SECTION 4.01. SEVERABILITY. If any clause, section, other part or application
of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
in part or application, it shall not affect the validity of the remaining portions or applications of
this Resolution.
Temp. Reso. # 13626
July 14, 2021
Page 6 of 10
SECTION 4.02. CONFLICT. All resolutions or parts of resolutions on in conflict
herewith be, and the same are hereby repealed to the extent of such conflict.
SECTION 4.03. EFFECTIVE DATE. This Resolution shall become
effective immediately upon its passage and adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA, THIS 14th DAY OF JULY 2021.
CITY OF TAMARAC FLORIDA
//4" Ja -
MI'LAE11E J. GOME YOR
ATTEST:
J FER J SON Ch C
CITY CLERK
RECORD OF COMMISSION VOTE: i
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: COMM. GELIN
—
DIST 3: V/M. VILLALOBOS
DIST 4: COMM. PLACKO j E57�
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
APPENDIX A
NUISANCE ABATEMENT SPECIAL ASSESSMENT
ASSESSED PROPERTIES
Property ID Number
Assessment Roll
4941 04 42 0230
$ 2,803.93
494103 09 1160
$ 778.96
Total Assessment
$ 3,582.88
APPENDIX B
FORM OF NOTICE TO BE PUBLISHED
To Be Published on August 15, 2021
[MAP OF CITY]
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF NON -AD VALOREM ASSESSMENTS
FOR NUISANCE ABATEMENT
Notice is hereby given that the City Commission of City of Tamarac, Florida ("City"), will
conduct a public hearing to consider collecting Nuisance Abatement Special Assessments within
the City of Tamarac, on the two (2) Assessed Properties in the City as listed in the Initial
Assessment Resolution adopted July 14, 2021, within the area of the City shown above.
The hearing will be held at 5:05 p.m. on September 13, 2021, in the City Commission
Chambers of City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida, 33321 for the purpose of
receiving public comment on the proposed assessments. All affected property owners have a right
to appear at the hearing and to file written objections with the City Commission within 20 days of
this notice. If a person decides to appeal any decision made by the City Commission with respect
to any matter considered at the hearing, such person will need a record of the proceedings and may
need to ensure that a verbatim record is made, including the testimony and evidence upon which
the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing
a special accommodation or an interpreter to participate in this proceeding should contact the City
Clerk's office at (954) 597-3505 at least 48 hours (2 days) prior to the date of the hearing.
The Nuisance Abatement Special Assessments have been imposed on two (2) properties
within the City whereon the City expended funds to abate nuisances. Those Property Owners have
received notice of the Nuisance Abatement Special Assessment and have not paid pursuant to the
requirements of the City Ordinance 2012-10. As a result, the City is collecting the Nuisance
Abatement Special Assessment using the Tax Bill solely on the two (2) properties within the City
on which the City has abated nuisances and the Property Owners have not paid the special
assessment for the City's work as required by the Ordinance. Those two (2) properties are assessed
the City's Actual Costs as defined in the Ordinance for abating the nuisance.
A list of the Assessed Properties, as well as copies of the Ordinance, the Initial Assessment
Resolution and the Assessment Roll are available for inspection at the City Clerk's Office,
Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida 33321.
The Nuisance Abatement Special Assessment on those two (2) Assessed Properties will be
collected on the ad valorem tax bill to be mailed in November 2021, as authorized by section
197.3632, Florida Statutes. Failure to pay the Nuisance Abatement Special Assessments will cause
a tax certificate to be issued against the property which may result in a loss of title.
If you have any questions, please contact the Finance Department at (954) 597-3550,
Monday through Friday between 8:30 a.m. and 5:00 p.m.
CITY CLERK
CITY OF TAMARAC, FLORIDA