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HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-094Temp. Reso. # 12531 CITY OF TAMARAC, FLORIDA RESOLUTION R-201499/ - 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, 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 9, 2014, the City Commission of the City of Tamarac, Florida adopted Resolution R-2014-73, 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, 2014, and comments and objections of all interested persons have been heard and considered as required by the terms of the Chapter 9, Division V of the City's Code of Ordinances (the "Ordinance"); and, (00032493.1 2704-0501640) - 1 — Temp. Reso. #12531 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 TAMAR.AC, 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. SECTION 2: AUTHORITY. This resolution is adopted pursuant to the provisions of the Ordinance, Resolution No. R-2014-73 (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. (00032493.1 2704-0501640 ) -2— Temp. Reso. # 12 S 31 (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. 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 2013-2014 Fiscal Year. The Special Assessment on each Assessed Property is set forth in Appendix "A" hereto. The 100032493.1 2704-0501640 ) MIE Temp. Reso. # 12531 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 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 24 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. {00032493A 2704-0501640} Temp. Reso. # 12531 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. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS 121h DAY OF SEPTEMBER, 2014. ATTEST: PATRTC3-A TEUFEL, C 'CITY CLERK 9 I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM: CITY OF TAMARAC FLORIDA SSLER, MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BUSHNELL DIST 2: V/M. GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. PLACKO (00032493A 2704-0501640) -S- Temp. Reso. #12531 APPENDIX A NUISANCE ABATEMENT SPECIAL ASSESSMENT ASSESSED PROPERTIES Folio Assessment 494104440380 19833.47 494103042470 381.86 494103060840 489.39 494103080181 381.86 494103090830 489.39 494103090940 623.80 494103130090 381.86 494103161780 381.86 494103182170 381.86 494103182380 543.15 494103190530 489.39 494103210040 435.62 494104340220 381.86 494104460910 19898.27 494104470490 650.68 494104490080 381.86 494113111350 381.86 494113111910 489.39 49411403 0540 15,973.82 494114090060 435.62 $ 1310406.85 100032493.1 2704-0501640 ) Temp. Reso. # 125 31 APPENDIX B AFFIDAVIT OF MAILING { 0003 2493.1 2704-0501640 1 Temp. Reso. # 125 31 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 9, 2014 (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. A111 CLU L STATE OF FLORIDA COUNTY OF BROWARD The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of 2 2014 by Michael Cernech, City Manager, and City of Tamarac, F orida. He is personally known to me or has produced as identification and did take an oath. VU M. WHEATLEY NMsfY P - Seto of Florida My Comm. Exots A" 6, 2018 Commission A FF 135878 go*d'tlo** own 1- l NO" Assn (00032493.1 2704-0501640 ) Notary Public, / /Azov , Printed Name state of Florida 7. C✓ �`r My Commission Expires: L�� � .24�� Commission No.: Temp. Reso. # 12531 APPENDIX C PROOF OF PUBLICATION {00032493.1 2704-0501640 1 6 --- _....,, _...a`...w.___...a.rs.. .........r.._..R,.....•..:.. .:.fMi .r,....NrM-!rK...,. _ :; r., ..L, NOT. HEA"RI.N.0 :T3lP A1�1D SUN SENTINEL PR.E�3111D COLLECT�1 Published Daily i yER, `S. Fort�Lauderdale, Broward County , Florida Nl.A VC 1B# MEL,".- T Boca Raton, Palm Beach County, Florida Natiee is hereb y gI~v�ert tart tle City Comrinlssion of City tat rtartarac, { Miami, Miami -Dade County, Florida Flonda ( City )y,will.:conduia.:apublic hearing:to aonslder'coilec ing l�ulsance Abat$ment Special Assessments within t# a City o� Tamarac, Qmthe twenty ` STATE OF FLORIDA one ( 1}: Assessed Propertres.In the: 'City�as listed 'in t- e.Initial Assessment COUNTY OF BROWARO/PALM' BEACH/MIAMI-DADS Resolution: adopted' Juiy 9, 2:01 , within the area of the City shown below. y s.. C before the undersigned authority persona!! a y appeared Mark Kuznitz who on oa` � �, • � saysi._that he/she is a duly authorized representative of the Classified Departmet: -~ °`f" ' Y'�;, • y Y : of the" Sun-Sentine{, dait news a er `fi i ' Y newspaper published in Broward/Palm Beach/Miarr, s. N x County, Florida, that the attached copy of advertisement, being, ' < PUBLIC NOTICE In the matter of THE CITY 4F T.AMARAC — NUISANC k •IY ,,f t ABATEMENT ASSESSMENT a AUGUST �7, 2 PPeared in the paper on _ 0�4 A ID 2550253 Affiant further says that the said Sun -Sentinel is a newspap� published in said Broward/Palm Beach/ Miami -Dade Count Florida and that t i....r!-� ,....pax► #�" u� y Y, t t said newspaper has heretofore been continuously y published in said Broward/Pah Beach/Miami-Dade County, Florida, each day, and has entered as second clad �iT�''� �F `�'�t�i�.A . i:`ICRIi3A° • - �,� .v.6 �.. matter at the post office in Fort Lauderdale, in said Broward County, Florida, foI period of one year next preceding the first publication of the attached copy advertisement; and affiant says that he/she has The shearing- will be held at;Z:05 p.m. on September 12, .2014, in the City neither paid, nor promised, a Commission Chamber-Qf City liaii, 7525:Northwest 88th.Avenue Tamarac, person, firm or corporation any discount, rebate, commission or refund for Florida, 33321 forth purpose df receiving public.comment on the proposed purpose of securin thi advertisement for publication in said newspaper. assessments.. All-��affeeted: property owners have a nigh# t© appear at the. - purpose hearing end to `file written objections with the City Cl�rnniission within 20 days of this notice.:; if -a person.'decides to appeal arty decision made by , the City Cornrnss�on with respect. to any :matteronstdered at the hearing, such person will need a, record of•the 'proceedings and may ne6dtc� ensure. Mar nitz, Affiant that a,1ff%a#liit.`rBCE3rd 1S` #71ade, tncCudingh�es#[nony1"af. eu{Cncei.fpon which ahe appeal is to :be rnade. in: acccdanee witk t Americans Frith. Sworn to and subscribed before me on AUGUST 18 2014 A. DIsabtlitleS:Act el"ao�S:.`ieein a S eclai.::aGtdiQR Ql' an #nte III - ,R P to pattcip�ate 'in this: prdceedtn� should t of to the City Cterlt s bfftce:• ail (954) � 597-3505 at Fast ' 2 hogs . f 3 doys} pno�r tb the dale df The lUu ncf Aba#err�ent Specia[ Assess ten s I a e t een :itttpo H twenty, (2 # } properliesrithtrt the City :whetn thei expended rtunds LINDA M HALL ignature of Notary Public) Those PY'h a �WCler `hVe retVe; nttce of the to abate nuisances.. ttY' MY COMMISSION # EE182121 Nuisance A,bater>1$nt Special ssessm n#"and have r�ot:Pai, pursuant to tote EXPIRES March 22. 2016 re ulrements of City 3rd{nance 2012-10: As a result, .the City is:caileCtl a�;} s�.�;��: �s��;aarvocQ the. Nuisance. ,Abatement Special Assessment. on•: ti�ose trentyone .--- typed, printed or stamped) properties using the Tax Bill solely on °properties. within the City: of which Personally Known is _ or Produced Identification the. City has abated nuisances and. the Ptopei'ty Ownets have. not .paid the Spec assessment fir tie aCity�s wariE as required by the: Ordinance. Those twenty -oils (21 } Assessed` Propat ties.,are ssessed ;the City=s. Ao€ual 0osfs as defined. in the 4tilnance #ar abating the nuisance. A list of the Assessed Props #ies as wel! .as copies° of a Initla Assesernent Resolution and the Assessment loll are available for inspection at the +Office of the City :Clerk, City tail, 755lorthwest 88th ,Avenue, Tarrial'ac, Ftcrida 33321' tY `he- N�lisan Abater nt pec al Assessment ©n those #wen iy-one t21 j Assesse�l,:Properties wfiC1 be.+ollepted an tkre .ad valoret:.tax pill to be mailed; in November. 'i4,` as=, autfiorized by se ction!,.197.303 , :Florida Statutes. Failure:to'.pay the Nuisance Abatement Special Assessments will cause a tax cer#ificate to be issued against th a property;which may.result in a loss o f title. If you have any gd�as'..�ans,_please _contact the City Finance Department: at (94;5.9T355nlonday thrugh ` ridgy between:8:0 a�t�n, and 5a3i?..p:m. PAirMCIATEUFEL, CMC CITY. CLERK CITY OF TAMARAC,- FLORIDA APPENDIX D FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL Temp. Reso. #12531 {00032493.1 2704-0501640 j W,1 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, 2014. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the Broward County Department of Finance and Administrative Service and made part of the above described Non -Ad Valorem Assessment Roll this day of , 2014. CITY OF TAMARAC, FLORIDA By: Title: [to be delivered to Broward County Deparfinent of Finance and Admhistrative Services on or before SeWmber 14 {00032493.1 2704-0501640 }