HomeMy WebLinkAboutCity of Tamarac Ordinance O-2012-010Temp. Ord. No. 2247
February 8, 2012
Page 1
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 2012-
AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA
PERTAINING TO PUBLIC HEALTH AND SAFETY; AMENDING
CHAPTER 9, ENTITLED "HEALTH, SANITATION AND
NUISANCE"; CREATING DIVISION V, TO BE ENTITLED
"NUISANCE ABATEMENT PROCEDURES"; PROVIDING FOR
PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS;
DECLARING CERTAIN CONDITIONS ON LOTS, PARCELS, AND
TRACTS WITHIN THE CITY BOUNDARIES TO BE A PUBLIC
NUISANCE AND THREAT TO THE HEALTH, SAFETY AND
WELFARE OF THE CITIZENS AND RESIDENTS OF THE CITY;
PROHIBITING THE ACCUMULATION OF TRASH, JUNK, OR
DEBRIS, LIVING AND NONLIVING PLANT MATERIAL, AND
STAGNANT WATER; PROHIBITING THE EXCESSIVE GROWTH
OF GRASS, WEEDS, BRUSH, AND OTHER OVERGROWTH,
PROHIBITING THE KEEPING OF FILL ON PROPERTY THAT
RESULTS IN CERTAIN CONDITIONS; PROHIBITING CERTAIN
CONDITIONS THAT CONSTITUTE AN IMMINENT THREAT TO
PUBLIC HEALTH; AUTHORIZING THE CITY TO UNDERTAKE
IMMEDIATE ABATEMENT AND REMEDY OF IMMINENT
PUBLIC HEALTH THREATS; PROVIDING FOR ENFORCEMENT
OF VIOLATIONS; REQUIRING NOTICES TO OWNERS AND, _IF
APPLICABLE, AGENTS, CUSTODIANS, LESSEES, AND
OCCUPANTS OF PROPERTY IN VIOLATION OF THIS ARTICLE;
PROVIDING FOR APPEALS OF VIOLATION NOTICES;
AUTHORIZING THE IMPOSITION AND LEVY OF SPECIAL
ASSESSMENTS IF COSTS ARE INCURRED BY THE CITY AND
NOT REIMBURSED BY THE PROPERTY OWNER AND, IF
APPLICABLE, THE PROPERTY AGENT, CUSTODIAN, LESSEE,
OR OCCUPANT; REQUIRING NOTICES OF ASSESSMENT;
CREATING ASSESSMENTS FOR THE COST OF LOT CLEAN-
UP; ESTABLISHING THE CITY AS A SPECIAL ASSESSMENT
DISTRICT; AUTHORIZING THE LEVY OF NON -AD VALOREM
ASSESSMENTS IN CONNECTION WITH VIOLATIONS OF THIS
ARTICLE; PROVIDING FOR THE COLLECTION OF NOW
ADVALOREM ASSESSMENTS; PROVIDING FOR ANNUAL NOW
AD VALOREM ASSESSMENT ROLLS; PROVIDING
TRANSITION PROVISIONS AND RATIFYING ASSESSMENTS
TO RECOVER COSTS INCURRED BY THE CITY TO REMEDY
VIOLATIONS PRIOR TO THE ORDINANCE'S ENACTMENT;
PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
CODING: Words in strike through type are deletions from existing law;
Words in underlined type are additions.
Temp. Ord. No. 2247
February 8, 2012
Page 2
WHEREAS, the City Commission has determined that many properties in
the City, primarily those that have been abandoned because of pending
mortgage foreclosures, have accumulations of junk, trash, debris, living and
nonliving plant material, stagnant water, excessive overgrowth of weeds, grass,
and other objectionable, unsightly or unsanitary materials; and
WHEREAS, by enactment of this ordinance the City prohibits (i) the
existence of excessive accumulations or untended growths of weeds,
undergrowth, or other dead or living plant life, stagnant water, rubbish, debris,
trash, and all other objectionable, unsightly, or unsanitary matter upon any lot,
tract or parcel, (ii) conditions conducive to the infestation or inhabitance of
rodents, vermin, or wild animals, (iii) conditions conducive to the breeding of
mosquitoes, and (iv) untended property that threatens or endangers the health,
safety, or welfare of City residents or adversely affects or impairs the economic
welfare of adjacent property; and
WHEREAS, these prohibited conditions are declared public nuisances,
and the failure of a property owner to abate and terminate the public nuisance
results in (i) the "clean-up" of the property by the City and (ii) the imposition of a
non -ad valorem special assessment on the property if the City is not timely
reimbursed for the cost of the "clean-up"; and
WHEREAS, the City has the authority to use the uniform method for the
levy, collection, and enforcement of non -ad valorem assessments as set forth in
Ch. 197, F.S.; and
CODING: Words in stroke through type are deletions from existing law;
Words in underlined type are additions.
Temp. Ord. No. 2247
February 8, 2012
Page 3
WHEREAS, if not timely paid, the non -ad valorem assessment for clean-
up of a lot will be included on the property owner's annual tax bill, to be paid at
the same time that yearly ad -valorem taxes are paid; and
WHEREAS, if the non -ad valorem assessment is not paid timely, a lien
may also be recorded against the property; and
WHEREAS, the City Commission now intends to amend its Code of
Ordinances to (i) prohibit the nuisances that arise when property is allowed to
deteriorate as described herein, (ii) provide for clean-up of the property and
abatement of the nuisance, (iii) provide for assessment of property where the
City undertakes the clean-up, and (iv) authorize the use of the uniform method
for the imposition and collection of non -ad valorem assessments against those
properties; and
WHEREAS, the City Commission of the City of Tamarac deems the use of
a non -ad valorem special assessment to recover the costs associated with
nuisance abatement to be in the best interests of the citizens and residents of the
City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
Section 1: That Chapter 9, entitled "Health, Sanitation and Nuisances"
of the City of Tamarac Code of Ordinances is hereby amended through the
creation of Division V, to be entitled "Nuisance Abatement Procedures" as
follows:
CODING: Words in stFike through type are deletions from existing law;
Words in underlined type are additions.
Temp. Ord. No. 2247
February 8, 2012
Page 4
Division V Nuisance Abatement Procedures
9-76 Purpose and Intent.
The purpose and intent of this section is to prohibit the following:
a) Accumulation of trash funk or debris, living and nonliving plant
material, and stagnant water.
b) Excessive and untended growth of grass, weeds, brush, branches, and
other overqrowth.
c) The existence of all other objectionable, unsightly or unsanitary matter,
materials and conditions on property, whether improved or
unimproved.
d Property being inhabited by or providing a habitat for rodents, vermin,
reptiles, or other wild animals
e) Property providing_a breeding place for mosquitoes.
f) Property being a place or being reasonably conducive to serving as a
place, for illegal or illicit activity.
q) Propel threatening or endangering the public health, safety or welfare
of City residents.
h) Property reasonably believed to cause currently, or potentially to cause
in the future, ailments or disease.
i) Property adversely affecting and impairing the economic value or
enjoyment of surrounding or nearby property.
9-76 Definitions.
These words terms and phrases when used in this section, will mean the
following:
a) "Actual cost" means the actual cost to the City, and if by contract the
amount plus interest if any, as invoiced by an independent, private
contractor for terminating and abating a violation of this section on a
lot tract or parcel plus the cost of serving notice of the violation,
obtaining title information on the property, and all other identifiable
costs incurred by the City in the clean-up of the lot, tract, or parcel.
b) "Compatible electronic
medium
or media" means
machine-readable
electronic repositories
of data
and information,
including, but not
limited to magnetic
disk magnetic
tape, and
magnetic diskette
1
CODING: Words in strike ##reugh type are deletions from existing law;
Words in underlined type are additions.
Temp. Ord. No. 2247
February 8, 2012
Page 5
technologies, which provide without modification that the data and
information therein are in harmony with and can be used in concert
with the data and information on the ad valorem tax roll keyed to the
property identification number used by the Broward County Property
Appraiser.
c) "Compost bin" means a container designed for the purpose of allowing
nonliving plant material to decompose for use as fertilizer.
For purposes of this article, any such compost bin shall be constructed
of wire, wood lattice or other material which allows air to filter through
the structure. A compost bin shall not exceed an area of sixty-four (64)
square feet or a height of five (5) feet.
d) "Excessive growth" means _grass, weeds, rubbish, brush, branches, or
undergrowth that has reached a height of eight inches or more.
e) "Fill" means material such as dirt that is imported and deposited on
Property by artificial means,
"Grass, weeds. or brush" means crass or weeds or brush that, when
allowed to grow in a wild and unkempt manner, will reach a height of
eight (8) inches or more. This definition does not include bushes,
shrubs, trees, vines, flowering plants, and other living plant life typically
used and actually being used for landscaping purposes.
g) "Imminent public -health threat" means the condition of a lot, tract, or
parcel of land that, because of the accumulation of trash, junk, or
debris, such as broken glass, rusted metal, automotive and
appliance parts, some of which may contain chemicals, such as freon,
oils, fluids, or the like, may cause injury or disease to humans or
contaminate the environment, or the condition of a lot, tract or parcel
that, because of the excessive growth of grass, weeds, or brush, can
harbor criminal activity, vermin, or disease.
h) "Levy" means the imposition of a non -ad valorem assessment against
Property found to be in violation of this section.
i) "Non -ad valorem assessment" means a special assessment that is not
based upon millage and that can become a lien against a homestead
as permitted in Section 4 of Article X of the Florida Constitution.
D "Non -ad valorem assessment roll" means the roll prepared by the City
and certified to the Broward County Property Appraiser Tax Collector,
as appropriate under Florida law, for collection.
CODING: Words in stFike thFeugh type are deletions from existing law;
Words in underlined type are additions.
Temp. Ord. No. 2247
February 8, 2012
Page 6
k) "Nonliving plant material" means nonliving vegetation such as leaves,
grass cuttings, shrubbery cuttings, tree trimmings and other material
incidental to attending the care of lawns, shrubs, vines and trees.
1) "Property" means a lot or tract or parcel of land and the adjacent
unpaved and ungraded portion of the right-of-way, whether such lot or
tract or parcel is improved or unimproved.
m) 'Trash, funk, or debris" mean waste material, includina. but not limited
to, putrescible and non-putrescible waste, combustible and non-
combustible waste, and generally all waste materials such as paper,
cardboard, tin cans, lumber, concrete rubble, glass, bedding, crockery,
household furnishings, household appliances, dismantled pieces of
motor vehicles or other machinerv. rubber tires. and rusted metal
articles of any kind
9-77 Declaration of nuisance and menace.
The (i) accumulation of trash, iunk, or debris, livina and nonlivina plant
material, or stagnant water upon property, (ii) the excessive growth of
grass, weeds, brush, branches, and other overgrowth upon property, and
(iii) the keeping of fill in a unsafe and unsanitary manner is declared to be
a nuisance and menace to the public health, safety, and welfare of the
citizens of the City for the following reasons:
a) The aesthetic appearance of property preserves the value of other
properties within the City_
b) The (i) accumulation of trash. iunk. or debris, nonlivina plant material. or
stagnant water, (ii) the excessive growth of grass, weeds, brush,
branches, and other overgrowth, and (iii) the keeping of fill in an unsafe
and unsanitary manner is dangerous, unhygienic, unhealthy, visually
unpleasant to the reasonable person of average sensibilities, and a
visual nuisance because it depreciates, or potentially can depreciate,
the value of neighboring property, that unless addressed properly in
this Code of Ordinances, City taxpayers could be and would be
required to pay the cost of cleaning up such properties, and such
clean-ups would have to be undertaken by the City several times a
year, in some cases for the same properties.
9-78 Accumulation of trash, iunk, or debris, living and nonliving
plant material, and stagnant water.
a) Every owner and, if applicable, every agent, custodian, lessee, or
occupant of property shall reasonably regulate and effectively control
accumulations of trash, junk, or debris, living and nonliving plant
material, and stagnant water (i) on the property, and (ii) that portion of
CODING: Words in mug# type are deletions from existing law;
Words in underlined type are additions.
Temp. Ord. No. 2247
February 8, 2012
Page 7
the adjoining public right-of-way between the property and the paved
or graded street.
b) The following uses are permissible:
1. Storage of trash,iunk, debris, and living and nonliving plant
material in garbage cans that comply with applicable ordinances
relating to solid -waste collection.
2. The storage of nonliving plant material in compost bins,
except that no property may have more than two compost bins.
3. Keeoina wood on the oroaerty for use as fire or fuel
provided, such wood shall be piled, stacked, bundled, or corded
and the area surrounding the piles, stacks, bundles, or cords shall
be free of excessive arowth of arass, weeds, brush, branches, and
other overgrowth.
9-79 Excessive growth of grass, weeds, brush, and other
overgrowth.
Every owner and, if applicable, every aaent, custodian, lessee, or
occupant of property shall reasonably regulate and effectively control the
excessive growth of grass, weeds, brush, and other overgrowth (i) on the
Property, and (ii) that portion of the adjoining public right-of-way between
the property and the paved or graded street. Excessive growth of grass,
weeds, brush, and other overgrowth that exceeds the height limitations as
provided for in Chapter 11 of this Code, as may be amended from time to
time, is prohibited.
Veaetative arowth that is a mature Florida ecological community, as
defined by the Soils Conservation Service in its publication entitled 26
Ecological Communities in Florida, or any similar successor publication, is
not prohibited by this section. However, in the event this vegetative growth
constitutes an imminent public health threat. it shall be removed upon the
order of the City Manager
9-80 Keeping of fill on property.
Every owner and, if applicable. every aaent, custodian, lessee, or
occupant of property shall reasonably regulate and effectively control the
property so as to prevent the keeping of fill on it to prevent the creation of
(i) a habitat for rodents, vermin, reptiles, or other wild animals, (ii) breeding
ground for mosquitoes, (iii) a place conducive to illegal activity, (iv) a
place that threatens or endangers the public health, safety or welfare of
City residents, (v) a place that is reasonably believed to cause currently,
or potentially to cause in the future, ailments or disease, or NO a condition
CODING: Words in stFike through type are deletions from existing law;
Words in underlined type are additions.
Temp. Ord. No. 2247
February 8, 2012
Page 8
on the property that adversely affects and impairs the economic value or
enjoyment of surrounding or nearby property_
9-81 Imminent public -health threat.
An (i) accumulation of trash, junk, debris, living and nonliving plant
material, or stagnant water, (ii) excessive growth of grass, weeds, brush,
or other overgrowth, or (iii) the keeping of fill on property that presents an
imminent public health threat may be remedied by the City immediately
without notice to the owner or, if applicable, the agent, custodian, lessee,
or occupant. The City Manager shall determine whether, under the
provisions of this section, an imminent public -health threat exists.
After -the -fact notice will be provided by the City to the owner and, if
applicable, the agent, custodian, lessee, or occupant within a reasonable
time after the abatement. After -the -fact notice shall be sent as set forth in
Section 9-82 below, and the owner and, if applicable, the agent,
custodian, lessee, or occupant shall have fifteen (15) days from the date
notice is received to (i) reimburse the City or ii appeal the City Manager's
determination to the City Commission that an imminent public -health
threat existed on the property.
9-82 Enforcement.
a) Violations. Failure or refusal by the owner and/or, if applicable, the
agent, custodian, lessee or occupant of property to comply with the
requirements of Division V is a violation of this Ordinance. The
existence of an imminent public health threat on a property is a
violation of this Ordinance.
b) Notice of violation. Whenever the City Manager or her designee
determines there is a violation of this section, the City Manager shall
serve or cause to be served a "notice of violation" on the owner and
if applicable, the agent, custodian, lessee, or occupant of the property.
The "notice of violation" shall direct the owner and, if applicable, the
agent, custodian, lessee, or occupant to terminate and abate the
violation within twenty calendar days of the date the "notice is
received." If the "notice of violation" pertains to an imminent public
health threat abated by the City, the notice shall direct the owner and,
if applicable, the agent, custodian, lessee, or occupant to pay to the
City the cost of such abatement.
If the notice of violation is sent or delivered to the owner and the
owner's agent, custodian, lessee or occupant, they shall be jointly and
severally responsible to remedy the violation.
c) Notice is received. The "notice of violation" shall be sent by United
States certified mail with a return receipt requested. "Notice is
CODING: Words in dough type are deletions from existing law;
Words in underlined type are additions.
Temp. Ord. No. 2247
February 8, 2012
Page 9
received" on the date the owner or, if applicable, the agent, custodian,
lessee, or occupant of the property initials or otherwise indicates
receipt of the notice on the return receipt.
In the event that certified -mail delivery cannot be accomplished, and
after reasonable search by the City for such owner or, if applicable, the
agent, custodian, lessee, or occupant of the property, or if the notice is
not accepted or is returned to the City, a physical posting of the "notice
of violation" on the property shall be deemed the date the "notice of
violation" is received.
d) Form of notice. The notice shall be in substantially the following form:
NOTICE OF VIOLATION
Name of owner:
Address of owner:
Name of agent, custodian, lessee, or occupant (if applicable):
Address of agent, custodian, lessee, or occupant (if applicable):
Our records indicate that you are the owner, agent, custodian, lessee
or occupant of the following property_ in the City of Tamarac, Florida:
[description of property]
An inspection of this property discloses, and I have found and determined,
that a public nuisance exists on this property. This public nuisance violates
[description of section violatedl of the Code of Ordinances of the CITY OF
TAMARAC, Florida in that:
[description of the violation in this sectionl
YOU ARE HEREBY NOTIFIED THAT IF, WITHIN TWENTY DAYS (20)
FROM THE DATE OF THIS NOTICE,
a. THE VIOLATION DESCRIBED ABOVE IS NOT REMEDIED AND
ABATED, OR
CODING: Words in strikethFeugh type are deletions from existing law;
Words in underlined type are additions.
Temp. Ord. No. 2247
February 8, 2012
Page 10
b. THIS VIOLATION NOTICE HAS NOT BEEN TIMELY APPEALED
AS SET FORTH IN SUBSECTION 9-83 OF THE CITY'S CODE OF
ORDINANCES THE CITY WILL CAUSE THE VIOLATION TO BE
REMEDIED AND THE COSTS INCURRED BY THE
CITY IN CONNECTION WITH THE CLEANUP WILL BE
ASSESSED AGAINST THE PROPERTY. TO APPEAL THIS
NOTICE OF VIOLATION YOU MUST FILE YOUR NOTICE OF
APPEAL NO LATER THAN 15 DAYS AFTER RECEIPT OF THIS
NOTICE WITH THE CITY CLERK.
CITY OF TAMARAC
By:
Title:
If the notice is an after -the -fact notice of an imminent public -health threat, the
capitalized portions shall be deleted and, in their place the information required
in Section 9-84 regarding levy of assessment on the property for the costs of
abatement incurred by the City shall be substituted.
9-83 Appeals
Within fifteen (15) days after notice is received, the owner or, if applicable, the
agent custodian, lessee, or occupant of the property may appeal to the City
Commission that a "notice of violation" is not warranted for the property or that
the property did not pose an imminent public -health threat that required
immediate cleanup.
a) Content of Appeal. The owner or, if applicable, the agent, custodian,
lessee, or occupant of the property must appeal the notice of violation by
written notice to the City Clerk. The written notice must be accompanied
by a reasonable filing fee, as determined by the City Clerk, and shall be
either hand delivered to the City Manager, or mailed to the City Clerk and
postmarked, within the fifteen -day (15) period after notice is received.
Upon timely receipt, the City Manager will schedule the appeal for a public
hearing before the City Commission. At the public hearing, the appellant
shall be afforded due process and may present such evidence as is
probative of the appellant's case. The City Manager or other City staff
shall present such evidence as is probative of the alleged violation.
Members of the public shall be afforded the opportunity to present
germane testimony and evidence. Thereafter, the hearing shall be closed
and the City Commission shall rule on the appeal.
CODING: Words in strike thFough type are deletions from existing law;
Words in underlined type are additions.
Temp. Ord. No. 2247
February 8, 2012
Page 11
b) Unsuccessful appeal. If the appeal is unsuccessful the property must be
"cleaned up" and the violation remedied and removed within fifteen days
(15) from the date of the City Commission's decision.
9-84 Special Assessment Imposed
In the event an appeal is not made within fifteen days (15) after notice is received
and the violation is not remedied, or a timely appeal is made but is unsuccessful
and the violation is not remedied, the City may undertake such action as is
necessary or useful to remedy the violation. The costs incurred by the City to
remedy the violation, including the actual cost of clean-up all administrative
expenses, and all other identifiable costs incurred by the City, shall be
assessed against the property as authorized by the City Code. All assessments
shall be paid in full no later than the close of City business on the twentieth (20th)
business day after the property owner has received notice of the assessment.
Thereafter, the unpaid amount of the assessment will accrue interest at the rate
of 10% per annum or at the maximum rate allowed by law, whichever is less.
9-85 Notice of assessment.
Upon completion of the actions undertaken by the Citv to remedv the violation on
the property, the City shall notify in writing the owner and if applicable the agent
custodian, lessee, or occupant that a special assessment has been imposed on
the property. The notice shall be delivered to them in the same manner set forth
for delivery of the notice of violation in Section 9-82.
The notice of assessment shall set forth the followinq:
a) A description of the violation, a description of the actions taken by the City
to remedy the violation, and the fact that the property has been assessed
for the costs incurred by the City to remedy the violation.
b) The aggregate amount of such costs and an itemized list of such costs.
c) The intent of the City to record the assessment as a lien against the
property if not paid timely, within the period of twenty business days as set
forth in section 9-82,
d) The intent of the City to place the assessment on the tax roll as a non -ad
valorem assessment if not paid bV the following June 1.
e) The potential for the property to be subject to the sale of a tax certificate
bearing interest by law at a rate as high as 18% per annum if the non -ad
valorem assessment is not paid as part of the tax bill on the property.
CODING: Words in 6trike thFougb type are deletions from existing law;
Words in underlined type are additions.
Temp. Ord. No. 2247
February 8, 2012
Page 12
f) The potential for the property to be sold and conveyed by tax deed if the
tax certificate is not redeemed by payment of the non -ad valorem
assessment in full, plus interest, as required by Florida law.
9-86 Assessments for lot maintenance and clean-up.
a) Establishment of special assessment district. The City of Tamarac in its
entirety, as its City boundaries exist on the date of enactment of this article
and as they may be expanded or contracted from time to time, is hereby
declared a special -assessment district for the purposes of abating and
remedying violations of this article. Individual properties within the City's
boundaries, as they may exist from time to time, may be assessed for the
costs incurred by the City in abating and remedying violations of this
article.
b) Levy of non -ad valorem assessments. There is hereby levied, and the City
Commission is authorized to levy from time to time, a non -ad valorem
assessment against each and every property in the City (i) on which there
occurs or has occurred a violation of this article, ii) the City undertakes or
has undertaken action pursuant to this article to abate and/or remedy the
violation and, thereby, incurs or has incurred costs, and (iii) the property
owner of the property fails or refuses or has failed or refused, for whatever
reason, to pay timely the amount owed to the City under this article for the
costs incurred by the City in carrying out such abatement and remedy.
c) Collection of non -ad valorem assessments. The City Commission elects to
use the uniform method to impose and collect non -ad valorem
assessments against properties on which violations of this article occur or
have occurred. The non -ad valorem assessments collected pursuant to
this section will be included in the combined notice for ad -valorem taxes
and non -ad valorem assessments as provided in Section 197.3635, F.S.,
of Florida Statutes. Non -ad valorem assessments collected pursuant to
this section are subiect to all collection provisions in Section 197.3632,
F.S., including_ provisions relating to discount for early payment,
prepayment by installment method, deferred payment, penalty for
delinquent payment, and issuance and sale of tax certificates and tax
deeds for nonpayment.
d) Annual non -ad valorem assessment roll. Each vear, the Citv Commission
will approve a non -ad valorem assessment roll at a public hearing
between January 1 and September 20, The non -ad valorem assessment
roll will be comprised of properties that have had levied against them non -
ad valorem assessments under this section and such assessments have
not otherwise been paid in full prior to approval of the roll.
The City Clerk is authorized and directed each year (i) to prepare the
notice that must be provided as required by subsection 197.3632(4)(b),
CODING: Words in stFike through type are deletions from existing law;
Words in underlined type are additions.
Temp. Ord. No. 2247
February 8, 2012
Page 13
F S and (ii) to prepare and publish the newspaper notice required by
subsection 197.3632(4)(b), F.S.
The notice to be sent by first-class mail will be sent to each person owning
Property that will be on the non -ad valorem assessment roll and will
include the following:
1) The purpose of the assessment;
2) The total amount to be levied against the parcel which includes the
actual cost incurred by the City;
3) 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;
4) 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
5) The date time and place of the hearing.
Upon its approval by City Commission the non -ad valorem assessment
roll will be certified to the tax collector as required by law.
Section 2. Non -ad valorem assessments to recover actual costs
incurred by the City in remedying violations of this article of the Code of
Ordinances prior to the effective date of this ordinance may be levied against the
affected properties and, if not timely paid in full, may be placed on a non -ad
valorem assessment roll at the next available opportunity. All actions taken by
City officials and employees to that end are ratified and confirmed herewith with
the provisions of this Ordinance are hereby repealed.
Section 3. If a provision of this ordinance is held invalid or
unconstitutional in judicial proceedings, the holding shall not affect other
provisions that can be given effect. To that end, this ordinance is declared to be
severable.
CODING: Words in 6+�„ e tmFougk► type are deletions from existing law;
Words in underlined type are additions.
Temp. Ord. No. 2247
February 8, 2012
Page 14
Section 4. This ordinance takes effect immediately upon its adoption.
PASSED ON FIRST READING BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, THIS DAY OF 2012.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY THE CITY
COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS C DAY OF
2012.
BY: / W 4
ATTEST: MAYOR BETH TA BISCO
RECORD OF COMMISSION VOTE:
First Reading
PETER RICH 0N, CIVIC
CITY CLERK MAYOR TALABISCO
DIST 1: COMM. BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: V/M GLASSER
DIST 4: COMM. DRESSLER
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form: RECORD OF COMMISSION VOTE: Second
Reading
MAYOR TALABISCO
vol"A' k12-tlrZ DIST 1: COMM. BUSHNELL
S UEL 9. G EN, DIST 2: COMM. GOMEZ
CITY ATTORNEY DIST 3: V/M GLASSER
DIST 4: COMM. DRESSLER
1
CODING: Words in strike through type are deletions from existing law;
Words in underlined type are additions.