HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-106Temp. Reso. # 12995
August 8, 2017
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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.
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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
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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
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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.
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I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
SAMUEL S. GOREN
CITY ATTORNEY
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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
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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}
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APPENDIX B
AFFIDAVIT OF MAILING
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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'
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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
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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
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APPENDIX D
FORM OF CERTIFICATE TO
NON -AD VALOREM ASSESSMENT ROLL
{00032493.1 2704-0501640}
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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
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f.