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HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-117Temp. Reso. # 13148 August 23, 2018 Page 1 of 12 CITY OF TAMARAC, FLORIDA / / ` RESOLUTION NO. R-2018- 7 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 11, 2018, the City Commission of the City of Tamarac, Florida adopted Resolution R-2018-86, 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, 2018, 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. # 13148 August 23, 2018 Page 2 of 12 1 SECTION 2: AUTHORITY. This resolution is adopted pursuant to the provisions of the Ordinance, Resolution No. R-2018-86 (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 at 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 -2— Temp. Reso. # 13148 August 23, 2018 Page 3 of 12 Abatement upon such Assessed Properties in an amount not less than the Nuisance 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 2017-2018 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. # 13148 August 23, 2018 Page 4 of 12 to Non -Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix «D» 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 1 �i0 Temp. Reso. # 13148 August 23, 2018 Page 5 of 12 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS 12'h DAY OF SEPTEMBER, 2018. ATTEST: PATRICIA TEUFEL, MC CITY CLERK 1 I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM: SAMUEL S. GOREN U CITY ATTORNEY J CITY OF TAMARAC FLORIDA HAkkY SSLER, MAYOR RECORD OF COMMISSION VOTE: DIST l: COMM. BOLTON e DIST 2: V/M. GOMEZ C a - DIST 3: COMM. FISHMAN L 2e�-- DIST 4: COMM. PLACKO -5— 1 1 F, -7 1 100032493.1 2704-0501640 } Temp. Reso. # 13148 August 23, 2018 Page 6 of 12 APPENDIX A NUISANCE ABATEMENT SPECIAL ASSESSMENT ASSESSED PROPERTIES Property ID Number Assessment Roll 4941 10 02 2960 $ 840.52 4941 03 09 0830 $ 893.03 4941 09 07 0130 $ 840.52 4941 10 02 2260 $ 971.78 Total Assessment $ 3,545.85 0 G �i J (00032493.1 2704-0501640 ) APPENDIX B AFFIDAVIT OF MAILING Temp. Reso. # 13148 August 23, 2018 Page 7 of 12 Temp. Reso. # 13148 August 23, 2018 Page 8 of 12 �l AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Michael Cernech, who, after being duly sworn, deposes and says: 1. I, Michael Cernech, 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 11, 2018 (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 goveming board within 20 days of the notice; an a e •n3g: �� FURTHER AFFIANT SAYETH NOT. — -- -- Affiant STATE OF FLORIDA COUNTY OF BROWARD The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of / 2 , 2018 by Michael Cernech, City Manager, and City of Tamarac, Florida. He is personally known to me or has produced as identification and did take an oath. Notary Public, State of Florida Ti NA M. Y1tHEATIEY Printed Name • X Notary public - State of Florida a • `= Commission N GG 224689 ''2ori+ My Comm. Expires Aug 6.2022 My Commission Expires: Bonded through National Notary Assn. 67 Commission No.: zy-6 F (00032493.1 2704-0501640 ) C (00032493.1 2704-0501640 ) APPENDIX C PROOF OF PUBLICATION Temp. Reso. # 13148 August 23, 2018 Page 9 of 12 SUN $EWINEL Published Daily Fort Lauderdale, Btoward County, Florld Boca Raton, Palm Oaaoh County, Frionda Miam.i, Miami-00o -county, Ffor da SUTEOFf:LORIDA COMTY OF BAOWARDIPALM: BEAMMAWDAVE Before the undersigned —dzdnW pe-6notiy appeam ff-4_RK who on bath -says that he/she is a duly authofted representative of the ClassifieC Departs split of the 40bSenffpef, daily.newspaper publisbod In BrowartV.Palm Se—aaMiarjg-Dade Loamy, Florida, th# H-WattadfTed cop} of adveffitermeM holing a M077CE OF PMCHEARING in the Matter of THE a-"— ON :rAMA&A_C N MA) We, A App paper o1r...j5tJ�ilS7 '1�-2019 �CW-2U�86 Want further says ftt- the said ftm-Oentinal- Said nftsjAper has herotakfe boo oorilkwously published in s* BroWani/Pabn geacE /Mfni-Vadw to1qnW,, Florida, each day, and bas efiterlod4is.wono class matter at One, Post` office 10 Fjott Lauderdale, in M10 groward Oowt3r, Flod4a, Tor a -periodotione year nextptfteding the first pubtkgtibn Of the atta0W doPyofthe has neither paid, nor 017OWSW any PbrsOM fIrM Or corporation any discount, rebate, c6mmissidn or retuad for the purpose Of securing this 04vertimeMent for publication in said Na&.ftZnItZ, 'me Sworn to And subscribe Wore me on ALXQ—US r. 2 04 � 201 & " (Sionatum of Not" Public) (NaM0 OfNotary typed, Pdn"vt StAtftpiod Personally Known. or Produced -dentificatloq_ ASNLEY May 11, 2 Q'2!Q 1 {00032493.1 2704-0501640 } APPENDIX D FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL Temp. Reso. # 13148 August 23, 2018 Page 11 of 12 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 FURTBER 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 14, 2018. 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 / day of , 2018. CITY OF TAMARAC, FLORIDA By: Title. [to be delivered to Broward County Department of Finance and Administrative Sevices on or before September 14] (00032493,1 2704-0501640 ) 1