HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-093Temp. Reso. # 12831
September 12, 2016
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2016- g3
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 13, 2016, the City Commission of the City of Tamarac, Florida
adopted Resolution R-2016-67, 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, 2016, 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:
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September 12, 2016
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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.
SECTION 2: AUTHORITY. This resolution is adopted pursuant to the provisions of the
Ordinance, Resolution No. R-2016-67 (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
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September 12, 2016
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reference.
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 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.
(B) 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 2015-2016 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.
(C) 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.
(D) 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
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September 12, 2016
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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 6: 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 7: CONFLICTS. All resolutions or parts of resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
SECTION 8: 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 9: EFFECTIVE DATE. This Annual Nuisance Abatement Assessment
Resolution shall take effect immediately upon its passage and adoption.
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Temp. Reso. # 12831
September 12, 2016
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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA THIS 12th DAY OF SEPTEMBER, 2016.
ATTEST:
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
/j,,9ANlUEL S. GOREN
CITY ATTORNEY
CITY OF TAMARAC FLORIDA
- -:�// , I/
' -( uHARR-f O•
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: V/M. GLASSER
DIST 4: COMM. PLACKO
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September 12, 2016
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APPENDIX A
NUISANCE ABATEMENT SPECIAL ASSESSMENT
ASSESSED PROPERTIES
. E, 911-90#
. «. 4 HE, #
W, Let, 111141121 Will
494103061240
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(00032493.1 2704-0501640 )
APPENDIX B
AFFIDAVIT OF MAILING
{00032493.1 2704-0501640 }
Temp. Reso. # 12831
September 12, 2016
Page 7 of 11
Temp. Reso. # 12831
September 12, 2016
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 13, 2016 (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
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing Affidavit of Mailing
'S-) 13 , 2016 by Michael
Hells personally known to me or has produced
,.••••.,, TINA M. WHEATLEY
z �s Notary Public State oI Florida
•= My Comm. Expires Aug 8, 2018
W Commission N FF 135878
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(00032493.1 2704-0501640 )
was sworn to and subscribed before me this day of
Cernech, City Manager, and City of Tamarac, Florida.
as identification and did take an oath.
Now Public State of lorida, iJ
Printed Name
My Commission Expires
Commission No.:
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APPENDIX C
PROOF OF PUBLICATION
Temp. Reso. # 12831
September 12, 2016
Page 9 of 11
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APPENDIX D
FORM OF CERTIFICATE TO
NON -AD VALOREM ASSESSMENT ROLL
Temp. Reso. # 12831
September 12, 2016
Page 10 of 11
E
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, 2016.
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 m de
part of the above described Non -Ad Valorem Assessment Roll this _ZC _ day of
2016.
CITY OF TAMARAC, FLORIDA
By:
Title: RAMo(L�
[to be delivered to Broward County Department of
Hnance and Administrative Services on or before September 15]