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HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-106Temp. Reso. # 12995 August 8, 2017 Page 1 of 11 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2017- /0 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, 2017, the City Commission of the City of Tamarac, Florida adopted Resolution R-2017-80, 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 13, 2017, 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. # 12995 August 8, 2017 Page 2 of 11 SECTION 2: AUTHORITY. This resolution is adopted pursuant to the provisions of the Ordinance, Resolution No. R-2017-80 (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. # 12995 August 8, 2017 Page 3 of 11 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 2016-2017 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 -3— Temp. Reso. # 12995 August 8, 2017 Page 4 of 11 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 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. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS 13th DAY OF SEPTEMBER, 2017. -4— 1 E n., v� I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM: SAMUEL S. GOREN CITY ATTORNEY Temp. Reso. # 12995 August 8, 2017 Page 5 of 11 CITY O TAMARAC FLORIDA HAARY RESSLER, MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST l: COMM. BOLTON DIST 2: COMM. GOMEZ DIST 3: COMM. FISHMAN DIST 4: V/M. PLACKO -5— ,4 Temp. Reso. # 12995 August 8, 2017 Page 6 of 11 APPENDIX A NUISANCE ABATEMENT SPECIAL ASSESSMENT ASSESSED PROPERTIES Property ID Number Assessment Roll 494114030540 $ 924.02 494106022950 $ 870.26 494103050530 $ 529.22 494105090600 $ 636.74 494109032190 $ 636.74 494103090830 $ 609.86 494109070130 $ 1,058.43 494104AC0600 $ 367.92 494103090430 $ 421.69 Total Assessment $ 6,054.88 {00032493.1 2704-0501640} E �7 1 1 {00032493.1 2704-0501640 } APPENDIX B AFFIDAVIT OF MAILING Temp. Reso. # 12995 August 8, 2017 Page 7 of 11 Temp. Reso. # 12995 August 8, 2017 Page 8 of 11 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 12, 2017 (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 place of the hearing. FURTHER AFFIANT SAYETH NOT. Affiant STATE OF FLORIDA COUNTY OF BROWARD �The f or going Affidavit of Mailing was sworn to and subscribed before me this day of 3 , 2017 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 o Florida 7/ TINA M. WHEATLEY A/A 14, A e-"l` e c' ,o,�rnB " " ''• Notary Public -State o1 Florida Printed Name p My Comm. Expires Aug 6. 2018 'o`= Commission # FF 135878 Bonded Through National Notary Assn. 100032493.1 2704-0501640) My Commission Expires: Xae JC .2419 Commission No.: 1 3S F 7 93 1 1 Temp. Reso. # 12995 August 8, 2017 -- Page 9 of 11 APPENDIX C PROOF OF PUBLICATION (00032493-1 2704-0501640) SUN SENTINEL Published Daily Fort Lauderdale, Broward County, Florida Boca Raton, Palm Beach County, Florida Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF BROWARD/PALM BEACH/MIAMI-DADE Before the undersigned authority personally appeared MARK KUZNITZ who on oath says that he/she is a duly authorized representative of the Classified Department of the Sun -Sentinel, daily newspaper published in Broward/Palm Beach/Miami-Dade County, Florida, that the attached copy of advertisement, being, a NOTICE OF PUBLIC HEARING in the Matter of THE CITY OF TAMARAC — NUISANCE ABATEMENT ASSESSMENT appeared in the paper on AUGUST 21, 2017 AD ID# 5122132 Affiant further says that the said Sun -Sentinel Said newspaper has heretofore been continuously published in said Broward/Palm Beach/Miami-Dade County, Florida, each day, and has entered as second class matter at the post office in Fort Lauderdale, in said Broward '"County, Florida, for a period of one year nextpreceding the first publication of the attached copy of advertisement; .and affiant says that he/she has neither_paid, not promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said n s aper. Mark Kuznitz, AffiaZl Sworn to and subscribed before me on AUGUST 21, 2017 A.D. (Signature of �0 Y P%. CHRISME RUFFLLO MY COMMISSION # F)-40036 ( w '' MntES: August 10, 2019 u' 'tOFFW (Name of Notary typed, printed or stamped) Personally Known x or Produced Identification 11 APPENDIX D FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL {00032493.1 2704-0501640} Temp. Reso. # 12995 August 8, 2017 Page 10 of 11 1 1 C 1 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, 2017. 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 2017. (00032493.1 2704-0501640) CITY OF TAMARAC, FLORIDA By: Title [to be delivered to Broward County Department of Finance and Administrative Services on or before September 151 C f.