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Home My WebLink AboutCity of Tamarac Resolution R-2023-106Temp. Reso. # 13986 September 14, 2023 Page 1 of 11 RESOLUTION NO. R-2023- 106 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 12, 2023, the City Commission of the City of Tamarac, Florida adopted Resolution R-2023-078, 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 14, 2023, 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. -1— Temp. Reso. # 13986 September 14, 2023 Page 2 of 11 SECTION 2: AUTHORITY. This resolution is adopted pursuant to the provisions of the Ordinance, Resolution No. R-2023-078 (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 -2— Temp. Reso. # 13986 September 14, 2023 Page 3 of 11 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 2022-2023 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 -3— Temp. Reso. # 13986 September 14, 2023 Page 4 of 11 to Non -Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix 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 -4— Temp. Reso. # 13986 September 14, 2023 Page 5 of 11 PASSED, ADOPTED AND APPROVED THIS 14th DAY OF SEPTEMBER 2023. CITY OF TAMARAC FLORIDA MIC14ELLE J. GOMEZ, M OR ATTEST: ., kfNiBERL)lDILLON, CMC CITY CLE `4% %"" N f V>..... �'�, RECORD OF COMMISSION VOTE: MAYOR GOMEZ d c4 Q3HS 96� • : _ DIST 1: V/M BOLTON__ �� ,• �18b1S3:• m DIST 2: COMM. WRIGHT JR. DIST 3: COMM. VILLALOBOS ,�d�• . , • _ • . •`� DIST 4: COMM. DANIEL j o APP V TO FORM AND LEGAL SUFFICIENCY FOR T U A R�L IANCE OF THIS CITY OF TAMARAC ONLY. OTTIN)6T ATTORNEY -5- Temp. Reso. # 13986 September 14, 2023 Page 6 of 11 APPENDIX A NUISANCE ABATEMENT SPECIAL ASSESSMENT ASSESSED PROPERTIES Property ID Number Assessment Roll 4941 04 42 0230 $ 1,128.44 4941 03 05 1000 4941 11 06 0210 4942 16 09 0012 $ $ $ 1,692.66 617.91 564.22 Total Assessment $ 4,003.23 100032493.1 2704-050I640 } APPENDIX B AFFIDAVIT OF MAILING 100032493.1 2704-0501640 � Temp. Reso. # 13986 September 14, 2023 Page 7 of 11 Temp. Reso. # 13986 September 14, 2023 Page 8 of 11 AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Levent Sucuoglu, who, after being duly swom, deposes and says: 1. I, Levent Sucuoglu, 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 12, 2023 (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 t hearing and to file written objections with the local governing board within 20 days of the notice; Pd the date, timp,4nd place of the hearing. FURTHER AFFIANT SAYETH NOT. I' -I \ / q- AF ant STATE OF FLORIDA COUNTY OF BROWARD The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of f , 2023 by Levent Sucuoglu, City Manager, and City of Tamarac, Florida. He is personally known to me or has produced as identific tion and did take an oath. —/w Q A ---- Notary Public, State of Florida PcNIi /y APO 60f2 &l J ANN MARIE GORDON Printed Name -W� �E; Notary Public - State of Florida Commission Y HH 095695 My Comm. Expires Feb 22. 2025 My Commission Expires:/ •� O BondeC through National Notary Assn. Commission No.: a'1'iE-f fxf 56 9s 100032493.1 2704-0501640 I APPENDIX C PROOF OF PUBLICATION 100032493.1 2704-0501640 � Temp. Reso. # 13986 September 14, 2023 Page 9 of 11 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 I I745-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 16, 2023 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 16, 2023. Signature of Notary Public tJ;ANNE ROlLNfS .'� � MNt . Stage d fbrl0a Cawwk�on I GG 4A22�] Mp Cowes. Eapirts Apr tT. ]!02s lfandrd thrvie j► N1lt�ai Notary A�atn, Name of Notary, Typed, Printed, or Stamped Personally Known (X) or Produced Identification Affidavit Delivery Method: E-Mail and U.S. Mail Affidavit Email Address: Monica.Barros@tamarac.org,Kimberly.Dillon@tamarac.org 7455793 APPENDIX D FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL (00032493.1 2704-0501640 } Temp. Reso. # 13986 September 14, 2023 Page 10 of 11 wouldy use military force against civilian rioters. The report did not conclude the statements were made in an effort to deceive and did not recommend any discipline, according to the report. Last month Christopher Rufo, a conservative appoin- tee to the Board of Trustees for New College of Florida, tried to derail Buck's candi- dacy, saying he pushed "radical" diversity, equity and inclusion efforts at the U.S. Naval Academy. Buck could not be reached for comment Tuesday. Feingold criticized Sartarelli as well. "The other candidate is retired, and why is he a retired chancellor of the university? Because he had a Board of Trustees that voted him out in a no -confidence vote," she said. That statement appears to be false. The university's Faculty Senate took a vote of no confidence in late 2020, which failed, but then voted to censure him. Faculty members voiced anger that Saratelli wasn't fully in support of diversity, equity sial legislation, including bills to restrict drag shows and root out what he sees as "wokeism" in the state. Longtime donor Dick Schmidt, a member of the search committee, wrote an opinion piece in the Sun Sentinel where he didn't name Fine but voiced alarm about news reports suggest- ing the Board of Gover- nors had halted the search because the finalists "did not include the governor's reported personal selection for the position." During the meeting Fein - gold blasted Schmidt, who did not attend. "I'd really like to know what's going to happen to Dick Schmidt, how the university is going to go after him?" Feingold asked. "Because he was not supposed to be putting any information out there, and not only that, but speaking for other search committee members. He had no right to speak for me and other search committee members, who absolutely did not agree with his opinion." Schmidt couldn't be ,TICE OF HEARING TO IMPOSE AND DE FOR COLLECTION OF RESIDENTIAL LID WASTE COLLECTION SERVICES SPECIAL ASSESSMENTS eby given that the City Commission of the City of Tamarac will conduct ig to consider imposing the annual Residential Solid Waste Collection al Assessments for the Fiscal Year beginning October 1, 2023, upon its that receive Residential Solid Waste Collection Services, for the City of Residential Solid Waste Collection Services to such properties of Tamarac. THE CITY OF TAMARAC wq-- w, .. ST �+ will be held at 5:05 p.m., on September 14, 2023, in Commission Tamarac City Hall, 7525 Northwest 88th Avenue. Tamarac, Florida purpose of receiving public comment on the proposed assessments. tperty owners have a right to appear at the hearing and to file written -. b............. -- goes on regarding FAU" "The next FAU president should be inclusive rather than divisive, thoughtful rather than dogmatic and kind rather than hateful," Weiner said. "The president must be an educator, not a partisan politician" Feingold is also a donor to FAU and has pledged $30 million for a new dental school, which is scheduled to be named after her late husband, Jeffrey, a dentist and former trustee. But that appeared in doubt during Tuesday's tense meeting. Levine asked her about the status of the donation during the meeting, further angering her. "As far as a commitment that I made, yes I made that. It could happen," she said. "Nothing has been signed and frankly they're all talking about donors that are concerned about the presidential process. I am one of those donors that is concerned about the pres- idential process. I was on that [search] committee and what a lot of you are listen- ing to is not the full truth" a slight decrease from the year before. "His record as the most effective conservative governor in American history has also earned him an elevated threat profile, and FDLE has increased the number of protective agents to ensure the governor and his family remain safe," said Jeremy Redfern, the governor's press secre- tary. The annual "Report of Transportation and Protective Services" by the Florida Department of Law Enforcement came out Tuesdav, as required by state law. It was the first time it was released under a new law that exempts the partic- ulars of DeSantis' travel from public records requests. Under that law, taxpay- ers will never have access to itemized expenses for his travel, know how much overtime and hotel costs they're ring- ing up or even if they're crashing rental cars in transpo dignitari( which in of securi, nor's inal Capitol i $96,900 Republic Associa conferer last Nove It al protectin Ontario, their tw Miami 1 and Jan visits fro and first Virgin Is from the general, of Parag U.S. gove spouses. And it to protec Kamala I to Florid; $11,000 gubernat Charlie C night. It doe; mansion Capitol P, NOTICE OF HEARING TO IMPOSE AND P FOR COLLECTION OF NON -AD VALOI ASSESSMENTS FOR NUISANCE ABATE Notice is hereby given that the City Commission of the City of T,, ("City"), will conduct a public hearing to consider collecting Nuisance Ab, Assessments within the City of Tamarac, on the four (4) Assessed Prope as listed in the Initial Assessment Resolution adopted July 12, 2023, wi the City as shown. THE CITY OF TAMARAC c.,c sw e 6 A e � W. RD. KIQ �AMA�RAC `) The hearing will be held at 5:05 p.m. on September 14, 2023, in the C Chambers of City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida, purpose of receiving public comment on the proposed assessments. All a owners have a right to appear at the hearing and to file written objectio Commission within 20 days of this notice. If a person decides to appe made by the City Commission with respect to any matter considered at tt person will need a record of the proceedings and may need to ensure 1n 11l ;n m 4f in 1 i 4;4 +hn +n +i—^, n 4 n iAln a hinh +hn 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, 2023. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the Broward County Department of Finance and Administrative Services and made part of the above described Non -Ad Valorem Assessment Roll this 1 f` day of 99'rf K , 2023. CITY OF TAMARAC, FLORIDA [to be delivered to Broward County Department of Finance and Admmistrative Services on or before September 151 100032493.1 2704-0501640 )