HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-098 Nuisance Abatement Assessment RollTemp. Reso. # 13823
September 12, 2022
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RESOLUTION NO. R-2022- M
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; APPROVING THE COLLECTION OF
A NUISANCE ABATEMENT SPECIAL ASSESSMENT ON REAL
PROPERTY THAT HAS BEEN SPECIALLY BENEFITED BY THE
CITY'S ABATEMENT OF NUISANCES THEREON; APPROVING A
NUISANCE ABATEMENT ASSESSMENT ROLL; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on July 13, 2022, the City Commission of the City of Tamarac, Florida
adopted Resolution R-2022-085, setting forth determinations of special benefit for properties on
which the City abated nuisances, directing the preparation of a Preliminary Nuisance Abatement
Assessment Roll, establishing a public hearing to adopt the Nuisance Abatement Assessment Roll
and providing for notice thereof, and,
WHEREAS, notice of a public hearing has been published and mailed, which provided
notice to all interested persons of an opportunity to be heard. An affidavit regarding the notice of
mailing is attached hereto as Appendix `B" and the proof of publication is attached hereto as
Appendix "C"; and,
WHEREAS, a public hearing was conducted on September 12, 2022, and comments and
objections of all interested persons have been heard and considered as required by the terms of the
Chapter 9, Article II, Division V of the City's Code of Ordinances (the "Ordinance"); and,
WHEREAS, the City Commission deems it in the best interests of the citizens and
residents of the City of Tamarac to collect the Nuisance Abatement Special Assessments from
Assessed Properties, on the annual tax bill pursuant to authority set forth in the Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: RATIFICATION AND CONFIRMATION. The foregoing "Whereas"
clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific
part of this resolution.
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September 12, 2022
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SECTION 2: AUTHORITY. This resolution is adopted pursuant to the provisions of the
Ordinance, Resolution No. R-2021-086 (the "Initial Nuisance Abatement Assessment
Resolution"), Article VIII, Section 2, Florida Constitution; sections 166.021 and 166.041, Florida
Statutes, and other applicable provisions of law.
SECTION 3: DEFINITIONS AND INTERPRETATION. This resolution constitutes
the Annual Nuisance Abatement Assessment Resolution that adopts the Nuisance Abatement
Assessment Roll and authorizes collection of the Nuisance Abatement Special Assessment on the
annual property tax bills for Assessed Properties. All capitalized terms in this resolution shall have
the meanings defined in the Ordinance and the Initial Nuisance Abatement Assessment Resolution.
SECTION 4: LEGISLATIVE FINDINGS. The general and legislative findings and
declarations set forth in the Ordinance and Initial Nuisance Abatement Assessment Resolution are
incorporated and relied upon herein.
SECTION 5: APPROVAL OF NUISANCE ABATEMENT SPECIAL
ASSESSMENTS.
(A) The parcels of Assessed Property described in the Assessment Roll, as updated,
which is hereby approved, are hereby found to be specially benefited by the provision of
the Nuisance Abatement on the Assessed Properties as described or referenced in the Initial
Nuisance Abatement Assessment Resolution, in the amounts of the Nuisance Abatement
Special Assessment set forth in the Nuisance Abatement Assessment Roll, a copy of which
was present or available for inspection for the above referenced public hearing and is
incorporated herein by reference.
(B) It is hereby ascertained, determined and declared that each parcel of Assessed
Property within the City will be specially benefited by the City's provision of Nuisance
Abatement upon such Assessed Properties in an amount not less than the Nuisance
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Abatement Special Assessment for such parcel, computed in the manner set forth in the
Initial Nuisance Abatement Assessment Resolution. Adoption of this Annual Nuisance
Abatement Assessment Resolution constitutes a legislative determination that all Assessed
Properties derive a special benefit in a manner consistent with the legislative declarations,
determinations and findings as set forth in the Ordinance and the Initial Nuisance
Abatement Assessment Resolution from the Nuisance Abatement services provided by the
City on such parcels, and a legislative determination that the Nuisance Abatement Special
Assessments are fairly and reasonably apportioned for the Assessed Properties that receive
the special benefit as set forth in the Initial Nuisance Abatement Resolution.
(C) 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 City's
Abatement of Nuisances on the Assessed Property during the 2021-2022 Fiscal Year. The
Special Assessment on each Assessed Property is set forth in Appendix "A" hereto. The
Nuisance Abatement Special Assessment amounts set forth on Appendix "A" are hereby
approved.
(D) Nuisance Abatement Special Assessments shall constitute a lien upon the Assessed
Property so assessed equal in rank and dignity with the liens of all state, county, district or
municipal taxes and other non -ad valorem assessments. Except as otherwise provided by
law, such lien shall be superior in dignity to all other liens, titles and claims, until paid.
(E) The Nuisance Abatement Assessment Roll, as may be amended herein, is hereby
approved, and shall be delivered to the Tax Collector for collection using the tax bill
collection method in the manner prescribed by the Ordinance. The Nuisance Abatement
Assessment Roll, as delivered to the Tax Collector, shall be accompanied by a Certificate
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September 12, 2022
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to Non -Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix
ffm
SECTION 6. CONFIRMATION OF INITIAL NUISANCE ABATEMENT
ASSESSMENT RESOLUTION. The Initial Nuisance Abatement Assessment Resolution, as
may be amended herein, is hereby confirmed.
SECTION 7: EFFECT OF ADOPTION OF RESOLUTION. The adoption of this
Annual Nuisance Abatement Assessment 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 rate of assessment, the
Assessment Roll and the levy and lien of the Nuisance Abatement Special Assessments), unless
proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days
from the date of this Annual Nuisance Abatement Assessment Resolution.
SECTION 8: CONFLICTS. All resolutions or parts of resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
SECTION 9: 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 the other provisions of this resolution.
SECTION 10: EFFECTIVE DATE. This Annual Nuisance Abatement Assessment
Resolution shall take effect immediately upon its passage and adoption.
The remainder of this page is intentionally left blank
M
Temp. Reso. # 13823
September 12, 2022
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PASSED, ADOPTED AND APPROVED THIS 12th DAY OF SEPTEMBER 2022.
ATTEST:
KIMBERLt DILLON, CMC
CITY CLERK
APPROVED AS TO FORM
THE WXE,AAD RELIANCE
� RT
A
CITY OF TAMARAC FLORIDA
MICHELLE J. GOMEZ, MA90R
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: V/M GELIN
DIST 3: COMM. VILLALOBOS
DIST 4: COMM. PLACKO
) LEGAL SUFFICIENCY FOR
THE CITY OF TAMARAC ONLY.
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Temp. Reso. # 13823
September 12, 2022
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APPENDIX A
NUISANCE ABATEMENT SPECIAL ASSESSMENT
ASSESSED PROPERTIES
Property ID Number
Assessment Roll
4941 04 42 0230
$ 1,746.35
4941 03 05 1000
$ 1,692.66
Total Assessment
$ 3,439.01
:00032493.1 2704-0501640 ;
APPENDIX B
AFFIDAVIT OF MAILING
':00032493.1 2704-0501640 ;
Temp. Reso. # 13823
September 12, 2022
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Temp. Reso. # 13823
September 12, 2022
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AFFIDAVIT OF MAILING
BEFORE ME, the undersigned authority, personally appeared Kathleen Gunn, who, after being
duly sworn, deposes and says:
1. I, Kathleen Gunn, as City Manager of the City of Tamarac, Florida ("City"), pursuant to
the authority and direction received from the City Commission, timely directed the preparation of the
Assessment Roll and the preparation and mailing of notices in accordance with the Nuisance Abatement
Special Assessment Ordinance in conformance with the Initial Nuisance Abatement Assessment
Resolution adopted by the City Commission on July 13, 2022 (the "Initial Nuisance Abatement
Assessment Resolution"). The Initial Nuisance Abatement Assessment Resolution directed and
authorized notice by First Class Mail to all affected owners pursuant to the Ordinance.
2. In accordance with the Ordinance, all necessary information for notification of the
Nuisance Abatement Special Assessment was provided to the Property Appraiser of Broward County
to be included as part of the notice of proposed property taxes under section 200.069, Florida Statutes,
the truth-in-millage notification. The information provided to the Property Appraiser to be included on
the truth-in-millage notification included the following: the purpose of the assessment; the total amount
proposed to be levied against each parcel; the unit of measurement to be applied against each parcel to
determine the assessment; the number of such units contained within each parcel; the total revenue the
City expects to collect by the assessment; a statement that failure to pay the assessment will cause a tax
certificate to be issued against the property which may result in a loss of title; a statement that all
affected property owners have a right to appear at the hearing and to file written objections with the
local governing board within 20 days of the notice; and the date, time, and pla the hearing.
FURTHER AFFIANT SAYETH NOT. /1,�, 1 n . .
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of
N2022 by Kathleen Gunn, City Manager, and City of Tamarac, Florida. She
is personally known to me or has produced as identification and did take an oath.
Notary Public, State of Florida
f�r�1J M, 60 (Z-t�0/1
Printed Name
My Commission Expires:l�_cI.
Commission No.:
. a'yir 6�'., ANN MARIE GORDON
:%•G���': Notary Public State of Florida
Commissior 9 HH 095695
`7)` My Comm. Expires Feo 22, 2025
:00032493.1 2704-0501640
Bonded through National -.otary Assn.
APPENDIX C
PROOF OF PUBLICATION
:00032493.1 2704-0501640 }
Temp. Reso. # 13823
September 12, 2022
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SUN -SENTINEL
Sold To:
City of Tamarac - CU00120507
7525 NW 88th Ave
Tamarac,FL 33321-2427
Bill To:
City of Tamarac - CU00120507
7525 NW 88th Ave
Tamarac,FL 33321-2427
Published Daily
Fort Lauderdale, Broward County, Florida
Boca Raton, Palm Beach County, Florida
Miami, Miami -Dade County, Florida
State Of Florida
County Of Orange
Before the undersigned authority personally appeared
Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL,
a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the
attached copy of advertisement, being a Legal Notice in:
The matter of 11745-Other Legal Notices ,
Was published in said newspaper by print in the issues of, or by publication on the
newspaper's website, if authorized on Aug 14, 2022
Affiant further says that the newspaper complies with all legal requirements for
publication in Chapter 50, Florida Statutes.
Signature of Affiant
Sworn to and subscribed before me this: August 15, 2022.
Signature of Notary Public
LU LWS
. Notary Pub* - State of Plodda
Camera 0 GG "2233
R My Caeca- �K AM 27, Z024
Name of Notary, Typed, Printed, or Stamped
Personally Known (X) or Produced Identification ( )
Affidavit Delivery Method: U.S. Mail
Affidavit Email Address:
7246952
SUN -SENTINEL
Order # - 7246952
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF
STORMWATER UTILITY MANAGEMENT FEES
Notice is he may given that the City Commission of the City of Tamarac. Florida CORM I, will
conduct a public hearing to consider imposing Stormwater Ably Management Fees for the Fiscal
Year beginning October 1, 2022 within the City of Tamarac.
THE CITY OF TAMARAC
x.y
The hearing will be. held at 5,05 p.m. an September 12, 2022. in the' by Commission Chambers
bf Tamamc City Hall. 7525 Northwest Bath Avenue, Tamarac Florida, 33321. for the purpose of
receiving public comment on the proposed Smrmwater IAiab Management Fees. All affected
property owners have a m nt to appear at the hearing and to file written objections with toe 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, sm:h person will need a
mead of the proceedings and may need to ensure that a varbetim recom is made. including the
testimony amevidence upon whin U. appeal is to he matle. In accordance with the Americans
with Disabilities Act, persons needing a special accommatlmen or an interpreter to participate in
this proceedmg should contact the City Clerk's once st 1954j 597-3505 at [bast 48 tours 12 days)
prior to the data of the (laming.
The Stormwater Mary Management Fees rave been proposed W fund the City's cost to provide
Stormwater Management Service within the City of Tamarac. The Stormwater Utility Management
Fees am based upon Me h5tionmed amount of stomlwaler runot generated by impervious surface
an the property. Impervious sudaces inNWe the rootop, patios, tlnveweys. parking loft, and
similar areas. The Cty has determined that the average Residential Property in the Stormwater
Service Ame includes 1,830 square feet of tmperyious surface.. watch Is dsfined as the "Equivalent
Stormwater Can of'ERUya1tR."The annual Stormwater Utility Management Fee rate [of tie Fiscal
Year beginning October 1. 2022 will be $154.45 for each ERU. Each mandental pmperry in the City
will be charge' for one ERU. whoh is S154,45 for the Fiscal Year beginning October 1, 2022,
Generally, the number of i was ca[bulated for each placed of Nonmsidentml Property by
dwdinq the iMae.,.,. surface area by Mva e ERU im at 1,83C square feet. For lhmmakiped
Property, the amount of Stormwater Utility Management Fee shah be 1,6237 1per acre
or partial thereof. A more specific descriptor is set form In Chapter 22 of the City's Code of
Onlinance.s, and to Preliminary Fee Resolumm, adopted by me City Commission air July 13, 2022.
Copies of Me Crammed. the Preliminary Fee Resadutand en the Smrmwater Ulilty Management
Fee Roll are available laf inspection al the City Clerk's Office. Tamarac City Hall, 7525 Northwest
88M Avenue. Tamarac, Flores 3332"
Tire Stormwater UtiOty Management Fees will be collected on the ad valorem tax bill M be
maietl tin November 2022, as aumm¢ed by sebban 197,3632. Florida Statutes. Failure tip pay the
Shun wa er utility Management Fees will cause a tax cemOcate to be issued against the property,
which may result in a loss of rite.
I you have any questions, pease contact the Finance Deparanent at(954) 597-J550, Monday
through Friday between 8.3C a.m. antl 5.00 am.
KIMBERLY DILLON, CMC
CITY CLERK
CITY OF TAMARAC, FLORIDA
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF NON -AD
VALOREM ASSESSMENTS
FOR NUISANCE ABATEMENT
Notice is hereby given trial to City '::c mmission of [be City of Tamarac, Fonda I City
will conduct a public hearing m consider collecting Nuisance Abatement Special Assessments
within the CM of Tamarac. on Ile two i21 Assessed Properties in the City as listed in the Inoal
Assessment Resolution adopted July 13, 2022, viithm the area of the City as shown.
THE CITY OF TAMARAC
aN
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Lpt
L.T..r
YAC
The hearing will be held at 5:05 p.m. on September 12, 2022. in the City Commission
Chambers of City Hall, 7525 Nodhwest 881hAveri Tamarac. Florida, 33321. for the purpose
of receiving public comment on the proposed assessments. All atectetl property owners
have aright toappear 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 mspect m any matter .considered at me hearing, such person will need a
record of the omceef ings and may need to ensure that a verbatim record is made, including
me testimony and evidence upon whti the appeal is o Lot made. in accordance aim the
Americans with Dmu bili0es Act persons needing a special accommodation or an Interpreter
to participate in this proceeding should contact the City Clerk umce at(954) 597.3505 at
least 48 hours i2 plain prior to the date of the hearing.
The Nuisance Abatement Special Assessments have been imposed on two (2) properties
within rice City wherearr the City expended funds to abate nuisances. Those Property Owners
have received Vince of the Maurice Abatement Special Assessment and have not paid
earshot to the requirements of the CITY Ordinst— 2012-10.As a result. the
Ciry is collecting
the NtuhsanceAbatement Special Assessment using the Tax BM solely an the Iwo i^_j properties
within tie City on which the City has abated nuisances and the Property Owners have not
paid In. special assessment for the City: s'work as required by the Ordinance. Those two j21
prepartles ale assessed the City., Artuhl work
re, defor. In the (launched far abating the.
nuisance..
A list of the Assessed Properties. as well as copies of the Ordinance, the Initial Assessment
Resolution and me Assessment Roll am li ailable for inspection at the City Clerks Nice,
Tamarac CIy Hall. 7525 Norm mi 881h Avenue. Tamarac..-londa 33321
The Nuisance Abatement Special Assessment on those hose (2)Assessed Properties will be
collected on the ad valorem tax bill to be Mailed in November 2022. as authorized by sector
197.3632. Florida Statutes. Failure to pay the Nuisance Abatement Special Assessments will
,due, a tax Certificate, to be issued against the, property which may asut in a loss of title.
If you have any questions, please contact the Finance Department at i954) 597-3550,
Monday through Friday between 8:30 a.m. and 5:00 p,tn.
KIMBERLY DILLON, CMC
CITY CLERK
CITY OF TAMARAC. FLORIDA
THE CITY OF TAMARAC'S PARKS AND RECREATION DEPARTMENT PRESENTS
NOTICE OF HEARING TO REIMPOSE AND
PROVIDE FOR COLLECTION OF FIRE RESCUE
SPECIAL ASSESSMENTS
Notice a nemby Iman that Me City Convnlas on of Me City of T morac WIN ronduot a public oedoing
Ia censitler reimposing fire rescue spa.:ial as iessructs for the provision of fire rescue services within
Me Ca of Tamoner tar the nscalyoar beginning October 1, 2022,
nisi alvarwwauc
R� i1
.h hearing wN be NOW t 50S 5 Iffe .be I', 9C.2, in the msshr Chambers rf
Ta roc Cry Hall 525 Northwest NAM Avinam, Tor mR Florida 3332f, in, his p grow, of mreiv iy
frearmicp bic mnenl on Map oposid 5ses5 a IS AN allecletl Omcen+ srsi a MR ppear at the
aim to Ile written objecannerwith the City Commucarchwithan 20 cinis of this notice N a person
dershers to impical byd erel til T City C-amovalin wt, requellse any mate, f—hufrom
at Ole resound such person will need a meant of the proceedings and may need 2 easure that
verbatim rai Is made. mckamirm the testimony and evidence pn htdh the ppeal is [o be nini In
—ordons, with tie 4 s who t ab'In Act. pen s led g a sip al cr c h dnaat
interpreter ofpanic Dale lh's pmce d g sib hat contact the CIty Clerk's otFo et 1954) 597 C5 ni
t 43 hours 12 may"
pno t the dot f the faring.
The assessment tot' each percei Of pmp,rty will be haaetl upon S.,egret's cWssbcaucn antl the
tend numberof billing unts atr ibued tb that parcel. The fcIIw table reflects the proposed fire rescue
e hem aInolute.
Corm. at this Fir, Rescue Asvessme111 01,11 lac IOrmnenca Nub 0-961 this Initial Ass,ssmant
RescWhi .ftsclulen No. R-96-160). me Final Assessment Resolution ifesaluoon No.R 96 1751, the
20 Lit Yralann ary Me Resaruenn hummed on Nu. 201 N-107). this 2C1C Preliminary Rate Resalutl i;
,timoustion No. R-2Dt0-951. the Preliminary Rate RMnluli0n inibalirg tte annual pnl!ees5 of updating IAe
Assessment RON and reimposing Me nre Rescue Assessments, and the peNmnnry Aseestaneof Roll far
the upcoming fiscal year am available icr inspection at the City Clerks Office. Tamarac CiN Hall 7525
NmmwmSt 38th Avenue. Tamamc. Florida 33321.
The assessments will he ivlli an Me ad .1h ehl tax bill to tie paled In Nevenhbar 2022, es
authorized b1' Section 197,3632. Florida Shinnes. Failure to pay the assessments WIN cause a lax
.:ertificate to be issued against Me property which may result in a loss of titai
t ynu have any mi"Mins. Ilan , Con4nt the Flnhnea Deii,am tat !9u4) d97-3580, Monday
thmmh Frltlay between 8.m.30 a.antl 5'.00 p.m.
KIMBERLY DILLON. CMC
CITY CLERK
CITY OF TAMARAC, FLORIDA
APPENDIX D
FORM OF CERTIFICATE TO
NON -AD VALOREM ASSESSMENT ROLL
:00032493.1 2704-0501640 1
Temp. Reso. # 13823
September 12, 2022
Page 10 of 11
CERTIFICATE
TO
NON -AD VALOREM ASSESSMENT ROLL
I HEREBY CERTIFY that I am the Mayor of the City of Tamarac, or authorized agent of the
City of Tamarac, Florida (the "City"), and as such I have satisfied myself that all property included or
includable on the non -ad valorem assessment roll for nuisance abatement services (the "Non -Ad
Valorem Assessment Roll") for the City 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 listed therein have been made pursuant to law.
I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this
certificate and the herein described Non -Ad Valorem Assessment Roll will be delivered to the
Broward County Department of Finance and Administrative Services by September 15, 2022.
IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered
to the Broward County Department of Finance and Administr.gtive Services and made part of the
above described Non -Ad Valorem Assessment Roll this J Z_ day of , 2022.
CITY OF TAMARAC, FLORIDA
By:
Title:
[to be delivered to Broward County Department of
Finance and Administrative Services on or before September 151
00032493.1 2704-0501640 1