HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-094I HEREBY CERTIFY THAT THIS DOCUMENT IS ATRUE
AN[� 6yORRECT COPY OF
2c� lei Ca
THE ORIGINAL OF WHICH IS ON FILE IN CITY HALL
WITNESS MY HAND AND OFFICIAL SEAL
OF THE CITY OF TAMARAC. FLORIDA.
THI M, DAY OF �ry 20�
-i C, FLORIDA
CITY CLERK
RESOLUTION NO. R-2019-d
Temp. Reso. # 13320
August 12, 2019
Revised September 5, 2019
Page 1 of 11
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 H, DIVISION V OF THE
CI TY'S CODE OF ORDINANCES; APPROVING THE COLLECTION OF
A NUISANCE ABATEMENT SPECIAL ASSESSMENT ON REAL
PROPERTY THAT HAS BEEN SPECIALLY BENEFITED BY THE
CFMS 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 10, 2019, the City Commission of the City of Tamarac, Florida
adopted Resolution R-2019-66, 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 hea ing has been published and mailed, which provided
notice to all interested persons of an opportunity to be heard. An affidavit regarding the notice of
m ilina 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, 2019, and comments and
objections of all interested persons have been heard and considered as required by the temps 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, TFI<T'RF.FORE, BE IT RESOLVED BY THE CITY COMNIISSION 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_
Temp. Reso. # 13320
August 12, 2019
Revised September 5, 2019
Page 2 of 11
SECTION 2: AUTHORITY. This resolution is adopted pursuant' o the provisions of the
Ordinance, Resolution No. R-2019-66 (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 meaner 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
Temp. Reso. # 13320
August 12, 2019
Revised September 5, 2019
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 2018-2019 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
Temp. Reso. # 13320
August 12, 2019
Revised September 5, 2019
Page 4 of 11
to Non -Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix
am
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
Temp. Reso. # 13320
August 12, 2019
Revised September 5, 2019
Page 5 of 11
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS 136 DAY OF SEPTEMBER, 2019.
CITY OF TAMARAC FLORIDA
MICItLLE J.'-GOMtZ, MAYOR
ATTEST:
PATRICIA TEUFEL, CMC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ '�—
DIST l: COMM. BOLTON:
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN
DIST 4: V/M. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
SAMUEL S. GORAN
CITY ATTOXV
Temp. Reso. # 13320
August 12, 2019
Revised September 5, 2019
Page 6 of 11
APPENDIX A
NUISANCE ABATEMENT SPECIAL ASSESSMENT
ASSESSED PROPERTIES
D Nunn
ssess;
tt# Rol
i 494103 09 0430
12 5.81
494109 07 0130
134ri 18
494103 091100
564.22
Teat P!;q wit
3vl4&211
Temp. Reso. # 13320
August 12, 2019
Revised September 5, 2019
Page 7 of 11
APPENDIX B
AFFIDAVIT OF MAILING
Temp. Reso. # 13320
August 12, 2019
Revised September 5, 2019
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 10, 2019 (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 foregoing Affidavit of Mailing was sworn to and subscribed before me this day of
'Lln , a .. , 2019 by Michael Cernech, City Manager, and City of Tamarac, Florida. He
is p � nally known to me or has produced as identification and did take an oath.
Notary Public, State of Florida
Printed N e
My Commission Expires: t
Commission No.: 06MMON
t 0* MY COMMINON # FF 9016
0
EXPIRES: February 3, 2020
�r. � Fio�� Bonded Thru Buffet Notary S=nicer
Temp. Reso. # 13320
August 12, 2019
Revised September 5, 2019
Page 9 of 11
PROOF OF PUBLICATION
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 NOTICE appeared in the paper on
AUGUST 1& 2019 AD ID# 6376962 Affiant further says
that the said Sun -Sentinel is a newspaper published in
said BrowarcUPalm Beach/ Miami -Dade County, Florida
and that the said newspaper has heretofore been
continuously published in said BrowardlPalm
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 next preceding the first publication of
the attached copy of advertisement; and affiant says
that he/she has neither paid, nor promised, any person,
firm or corporation any discount, rebate, commission or
refund for the purpose of securing this advertisement
for publication in said newspaper.
Mark Kuznitz, Affiant
Sworn to and subl4bribed before me on AUG 18, 2019
(Signf4e of
"ttv. lotary PFAc Z-tate ri FI.mdc
xpir
(Name of Notary typed, printed or stamped)
Personally Known X or Produced
Identification
Temp. Reso. # 13320
August 12, 2019
Revised September 5, 2019
Page 10 of 11
APPENDIX D
FORM OF CERTIFICATE TO
NON -AD VALOREM ASSESSMENT ROLL
CERTIFICATE
TO
NON -AD VALOREM ASSESSME ' 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, 2019.
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 & , 2019.
CITY OF TAMARAC, FLORIDA
By:
Title: ff'c4i,
[in be delivered to Broward County Deparfinent of
F"mance and Admis Services on or before September 151