AGENDA MEMORANDUM

 

Meeting Date:           November 22, 2010

 

From:                          Doug Drymon, Deputy City Manager

 

Subject:                      Ordinance authorizing the City of Leesburg to abate code violations and impose charges on property owners for any costs which the City incurs as a result of its actions.

 

 

Staff Recommendation: 

Staff recommends approval of the ordinance authorizing the City of Leesburg to abate code violations and impose charges on property owners for the reimbursement of any costs incurred by the City as a result of its actions.

 

Analysis: 

Following presentations by the City Finance Director and the Deputy City Manager at a special meeting held October 26, 2010, the City Commission voted after extensive discussion to have staff proceed with making arrangements for the City to use the Uniform Method of Collecting Non-Ad Valorem Assessments as a means of reimbursing the City for the costs that it incurs abating code violations taking place on real property within the corporate limits of Leesburg.

 

Subsequently, it was brought to staff’s attention by the City Attorney’s Office that an ordinance authorizing the City to pursue reimbursement of costs associated with code violation abatement activities is needed before the use of non-ad valorem assessments can move forward.  The attached ordinance prepared by Mark Brionez of McLinBurnsed, if approved by the City Commission, will accomplish this goal.

 

Options:

1.  Approve the ordinance prepared the City Attorney’s Office as submitted

2.  Such alternative action as the Commission may deem appropriate

 

 

Fiscal Impact

 

Approving the proposed ordinance will enable the City to pursue reimbursement from property owners for the costs that it incurs abating code violations involving real property, such as mowing overgrown lots, removing junk and debris, draining stagnant water, and securing or demolishing dangerous or harmful structures.

 

 


Submission Date and Time:    12/10/2010 6:05 PM____

 

Department: ______________________

Prepared by:  ______________________                     

Attachments:         Yes____   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes___  No ____

                                                

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

Finance  Dept. __________________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ORDINANCE NO. 10-____

 

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, PERTAINING TO PUBLIC HEALTH AND SAFETY; CREATING CHAPTER 12, ARTICLE III, OF THE CODE OF ORDINANCES TO REQUIRE THE CLEAN-UP OF PROPERTY UNDER CERTAIN CONDITIONS; PROVIDING THE PURPOSE AND INTENT; PROVIDING DEFINITIONS; DECLARING CERTAIN CONDITIONS ON LOTS, PARCELS, AND TRACTS WITHIN THE CITY BOUNDARIES TO BE NUISANCE; PROHIBITING THE ACCUMULATION OF TRASH, JUNK, OR DEBRIS, LIVING AND NONLIVING PLANT MATERIAL, AND STAGNANT WATER; PROHIBITING THE EXCESSIVE GROWTH OF GRASS, WEEDS, BRUSH, AND OTHER OVERGROWTH; PROHIBITING THE KEEPING OF FILL ON PROPERTY THAT RESULTS IN CERTAIN CONDITIONS; PROHIBITING CERTAIN CONDITIONS THAT CONSTITUTE AN IMMINENT THREAT TO PUBLIC HEALTH; AUTHORIZING THE CITY TO UNDERTAKE IMMEDIATE ABATEMENT AND REMEDY OF IMMINENT PUBLIC-HEALTH THREATS; PROVIDING FOR ENFORCEMENT OF VIOLATIONS OF SECTION 12-19; REQUIRING NOTICES TO OWNERS AND, IF APPLICABLE, AGENTS, CUSTODIANS, LESSEES, AND OCCUPANTS OF PROPERTY IN VIOLATION OF CHAPTER 12, ARTICLE III; PROVIDING FOR APPEALS OF VIOLATION NOTICES; AUTHORIZING THE IMPOSITION AND LEVY OF SPECIAL ASSESSMENTS IF COSTS ARE INCURRED BY THE CITY AND NOT REIMBURSED BY THE PROPERTY OWNER AND, IF APPLICABLE, THE PROPERTY AGENT, CUSTODIAN, LESSEE, OR OCCUPANT; REQUIRING NOTICES OF ASSESSMENT; PROVIDING FOR ASSESSMENTS FOR THE COST OF LOT CLEAN-UP; ESTABLISHING THE CITY AS A SPECIAL ASSESSMENT DISTRICT; AUTHORIZING THE LEVY OF NON-AD VALOREM ASSESSMENTS IN CONNECTION WITH VIOLATIONS OF CHAPTER 12, ARTICLE III; PROVIDING FOR THE COLLECTION OF NON-AD VALOREM ASSESSMENTS; AUTHORIZING AN AGREEMENT WITH THE LAKE COUNTY PROPERTY APPRAISER AND TAX COLLECTOR; AUTHORIZING AND REQUIRING THE ADOPTION OF A RESOLUTION REGARDING THE CITY’S USE OF THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS; PROVIDING FOR ANNUAL NON-AD VALOREM ASSESSMENT ROLLS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.

 

Whereas, the City Commission has determined that many properties in the City,  including but not limited to those that have been abandoned because of pending mortgage foreclosure, have accumulations of junk, trash, debris, living and nonliving plant material, stagnant water, excessive overgrowth of weeds, grass, and other objectionable, unsightly or unsanitary materials; and

Whereas, by enactment of this ordinance the City prohibits (i) the existence of excessive accumulations or untended growths of weeds, undergrowth, or other dead or living plant life, stagnant water, rubbish, debris, trash, and all other objectionable, unsightly, or unsanitary matter upon any lot, tract or parcel, (ii) conditions conducive to the infestation or inhabitance of rodents, vermin, or wild animals, (iii) conditions conducive to the breeding of mosquitoes, and (iv) untended property that threatens or endangers the health, safety, or welfare of city residents or adversely affects or impairs the economic welfare of adjacent property; and

Whereas, these prohibited conditions are declared public nuisances, and the failure of a property owner to abate and terminate the public nuisance results in (i) the “clean-up” of the property by the city and (ii) the imposition of a non-ad valorem special assessment on the property if the city is not timely reimbursed for the cost of the “clean-up”; and

Whereas, the City has the authority to use the uniform method for the levy, collection, and enforcement of non-ad valorem assessments as set forth in Chapter 197 of Florida Statutes; and

Whereas, if not timely paid, the non-ad valorem assessment for clean-up of a lot will be included on the property owner’s annual tax bill, to be paid at the same time that yearly ad-valorem taxes are paid; and 

Whereas, if the non-ad valorem assessment is not paid timely, a lien may also be recorded against the property; and 

Whereas, the City Commission now intends to amend its Code of Ordinances to (i) prohibit the nuisances that arise when property is allowed to deteriorate as described herein, (ii) provide for clean-up of the property and abatement of the nuisance, (iii) provide for assessment of property where the City undertakes the clean-up, and (iv) authorize the use of the uniform method for the imposition and collection of non-ad valorem assessments against those properties.

NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:

 

 

SECTION 1.

 

            Chapter 12, Article III, of the Code of Ordinances of the City of Leesburg, Florida, is hereby created to read as follows:

 

Sec. 12-19. Lot Clean-Up.

(a)  Purpose and intent.   The purpose and intent of this section is to prohibit the following:

1)          accumulation of trash, junk, or debris, living and nonliving plant material, and stagnant water,

2)          excessive and untended growth of grass, weeds, brush, branches, and other overgrowth, and

3)          the existence of all other objectionable, unsightly or unsanitary matter, materials, and conditions on property, whether improved or unimproved. 

The purpose and intent of this section is to prevent conditions on property that result in the following:

1)          property being inhabited by, or providing a habitat for, rodents, vermin, reptiles, or other wild animals.

2)          property providing a breeding place for mosquitoes.

3)          property being a place, or being reasonably conducive to serving as a place, for illegal or illicit activity.

4)          property threatening or endangering the public health, safety or welfare of city residents.

5)          property reasonably believed to cause currently, or potentially to cause in the future, ailments or disease.

6)          property adversely affecting and impairing the economic value or enjoyment of surrounding or nearby property.

(b)  Definitions.

These words, terms and phrases, when used in this section and in Section 12-20, will mean the following:

1)          “Actual cost” means the actual contract amount plus interest, if any, as invoiced by an independent, private contractor for terminating and abating a violation of this section on a structure, lot, tract, or parcel, plus the cost of serving notice of the violation and in the notification of any interested parties entitled to notice under this ordinance, obtaining title information on the property, and all other identifiable costs incurred by the city in the clean-up of the structure, lot, tract, or parcel.

2)          “Compatible electronic medium or media” means machine-readable electronic repositories of data and information, including, but not limited to, magnetic disk, magnetic tape, and magnetic diskette technologies, which provide without modification that the data and information therein are in harmony with and can be used in concert with the data and information on the ad valorem tax roll keyed to the property identification number used by the Lake County Property Appraiser.

3)          “Compost bin” means a container designed for the purpose of allowing nonliving plant material to decompose for use as fertilizer.  For purposes of this article, any such compost bin shall be constructed of wire, wood lattice or other material which allows air to filter through the structure.  A compost bin shall not exceed an area of sixty-four square feet or a height of five feet.

4)          “Excessive growth” means grass, weeds, rubbish, brush, branches, or undergrowth that has reached a height of eight inches or more.

5)          “Fill” means material such as dirt that is imported and deposited on property by artificial means.

6)          “Grass, weeds, or brush” means grass or weeds or brush that, when allowed to grow in a wild and unkempt manner, will reach a height of eight inches or more.  This definition does not include bushes, shrubs, trees, vines, flowering plants, and other living plant life typically used and actually being used for landscaping purposes.

7)          “Imminent public-health threat” means the condition of a structure, lot, tract, or parcel of land that, because of the accumulation of trash, junk, or debris, such as broken glass, rusted metal, automotive and appliance parts, some of which may contain chemicals, such as freon, oils, fluids, or the like, may cause injury or disease to humans or contaminate the environment, or the condition of a structure, lot, tract or parcel that, because of the excessive growth of grass, weeds, or brush, can harbor criminal activity, vermin, or disease.

8)          “Levy” means the imposition of a non-ad valorem assessment against property found to be in violation of this section.

9)          “Non-ad valorem assessment” means a special assessment that is not based upon millage and that can become a lien against a homestead as permitted in section 4 of article X of the Florida Constitution.

10)      “Non-ad valorem assessment roll” means the roll prepared by the city and certified to the Lake County Property Appraiser Tax Collector, as appropriate under Florida law, for collection.

11)      “Non living plant material” means nonliving vegetation such as leaves, grass cuttings, shrubbery cuttings, tree trimmings and other material incidental to attending the care of lawns, shrubs, vines and trees.

12)      “Property” means a structure, lot or tract or parcel of land and the adjacent unpaved and ungraded portion of the right-of-way, whether such lot or tract or parcel is improved or unimproved.

13)      “Trash, junk, or debris” mean waste material, including, but not limited to, putrescible and nonputrescible waste, combustible and non-combustible waste, and generally all waste materials such as paper, cardboard, tin cans, lumber, concrete rubble, glass, bedding, crockery, household furnishings, household appliances, dismantled pieces of motor vehicles or other machinery, rubber tires, and rusted metal articles of any kind.

(c)  Declaration of nuisance and menace. The (i) accumulation of trash, junk, or debris, living and nonliving plant material, or stagnant water upon property, (ii) the excessive growth of grass, weeds, brush, branches, and other overgrowth upon property, (iii) the keeping of fill in a unsafe and unsanitary manner, and (iv) the failure to maintain structures and improvements on property is declared to be a nuisance and menace to the public health, safety, and welfare of the citizens of the city for the following reasons:

1)          The aesthetic appearance of property preserves the value of other properties within the city.

2)          The (i) accumulation of trash, junk, or debris, nonliving plant material, or stagnant water, (ii) the excessive growth of grass, weeds, brush, branches, and other overgrowth, and (iii) the keeping of fill in an unsafe and unsanitary manner is dangerous, unhygienic, unhealthy, visually unpleasant to the reasonable person of average sensibilities, and a visual nuisance because it depreciates, or potentially can depreciate, the value of neighboring property.

3)          Unless addressed properly in this Code of Ordinances, city taxpayers could be and would be required to pay the cost of cleaning up such properties, and such clean-ups would have to be undertaken by the city several times a year, in some cases for the same properties.

(d)  Accumulation of trash, junk, or debris, living and nonliving plant material, and stagnant water.

1)          Every owner and, if applicable, every agent, custodian, lessee, or occupant of property shall reasonably regulate and effectively control accumulations of trash, junk, or debris, living and nonliving plant material, and stagnant water (i) on the property, and (ii) that portion of the adjoining public right-of-way between the property and the paved or graded street.

2)          The following uses are permissible:

A.   Storage of trash, junk, debris, and living and nonliving plant material in garbage cans that comply with applicable ordinances relating to solid-waste collection.

B.    The storage of nonliving plant material in compost bins, except that no property may have more than two compost bins.

C.    Keeping wood on the property for use as fire or fuel, provided, such wood shall be piled, stacked, bundled, or corded and the area surrounding the piles, stacks, bundles, or cords shall be free of excessive growth of grass, weeds, brush, branches, and other overgrowth.

(e)  Excessive growth of grass, weeds, brush, and other overgrowth. Every owner and, if applicable, every agent, custodian, lessee, or occupant of property shall reasonably regulate and effectively control the excessive growth of grass, weeds, brush, and other overgrowth (i) on the property, and (ii) that portion of the adjoining public right-of-way between the property and the paved or graded street. Excessive growth of grass, weeds, brush, and other overgrowth that exceeds eight inches in height is prohibited and shall be trimmed to height below eight inches.

Vegetative growth that is a mature Florida ecological community, as defined by the Soils Conservation Service in its publication entitled 26 Ecological Communities in Florida, or any similar successor publication, is not prohibited by this section.  However, in the event this vegetative growth constitutes an imminent public health threat, it shall be removed upon the order of the city manager.

(f)  Keeping of fill on property. Every owner and, if applicable, every agent, custodian, lessee, or occupant of property shall reasonably regulate and effectively control the property so as to prevent the keeping of fill on it to prevent the creation of (i) a habitat for rodents, vermin, reptiles, or other wild animals, (ii) breeding ground for mosquitoes, (iii) a place conducive to illegal activity, (iv) a place that threatens or endangers the public health, safety or welfare of city residents, (v) a place that is reasonably believed to cause currently, or potentially to cause in the future, ailments or disease, or (vi) a condition on the property that adversely affects and impairs the economic value or enjoyment of surrounding or nearby property.

(g)  Failure to maintain structures and improvements on property. Every owner and, if applicable, every agent, custodian, lessee, or occupant of property shall reasonably maintain structures and improvements on property so as to prevent the creation of (i) a habitat for rodents, vermin, or other wild animals, (ii) a place conducive to illegal activity, (iii) a place that threatens or endangers the public health, safety or welfare of city residents, (iv) a place that is reasonably believed to cause currently, or potentially to cause in the future, ailments or disease, or (vi) a condition on or in the structure or improvements that adversely affects and impairs the economic value or enjoyment of surrounding or nearby property.

(h) Imminent public-health threat. An (i) accumulation of trash, junk, debris, living and nonliving plant material, or stagnant water, (ii) excessive growth of grass, weeds, brush, or other overgrowth, or (iii) the keeping of fill on property that presents an imminent public-health threat may be remedied by the city immediately without notice to the owner or, if applicable, the agent, custodian, lessee, or occupant. The city manager shall determine whether, under the provisions of this section, an imminent public-health threat exists.

After-the-fact notice will be provided by the city to the owner and, if applicable, the agent, custodian, lessee, or occupant no later than five work days after the abatement.  After-the-fact notice shall be sent as set forth in subsection (h) below, and the owner and, if applicable, the agent, custodian, lessee, or occupant shall have fifteen days from the date notice is received to (i) reimburse the city or (ii) appeal the city manager’s determination that an imminent public-health threat existed on the property.

 

(h)  Enforcement.

(1) Violations.  Failure or refusal by the owner and/or, if applicable, the agent, custodian, lessee or occupant of property to comply with the requirements of subsections (d), (e), (f), and (g) is a violation of this section.  The existence of an imminent public-health threat on a property is a violation of this section. 

(2) Notice of violation. Whenever the city manager or his designee determines there is a violation of this section, the city manager shall serve, or cause to be served, a “notice of violation” on the owner and, if applicable, the agent, custodian, lessee, or occupant of the property.  The “notice of violation” shall direct the owner and, if applicable, the agent, custodian, lessee, or occupant to terminate and abate the violation within twenty calendar days of the date the “notice is received.”  If the “notice of violation” pertains to an imminent public-health threat abated by the city, the notice shall direct the owner and, if applicable, the agent, custodian, lessee, or occupant to pay to the city the cost of such abatement. 

If the notice of violation is sent or delivered to both the owner and the owner’s agent, custodian, lessee, or occupant, they shall be jointly and severally responsible to remedy the violation and repay the city for all costs of abatement. 

(3) Notice is received.  The “notice of violation” shall be sent by United States certified mail with a return receipt requested.  “Notice is received” on the date the owner or, if applicable, the agent, custodian, lessee, or occupant of the property initials or otherwise indicates receipt of the notice on the return receipt.

In the event that certified-mail delivery cannot be accomplished, and after reasonable search by the city for such owner or, if applicable, the agent, custodian, lessee, or occupant of the property, or if the notice is not accepted or is returned to the city, a physical posting of the “notice of violation” on the property shall be deemed the date the “notice of violation” is received.

(3) Form of notice. The notice shall be in substantially the following form:

NOTICE OF VIOLATION

 

Name of owner:

 

_______________________________________________________

 

Address of owner:

 

_______________________________________________________

 

Name of agent, custodian, lessee, or occupant (if applicable):

 

_______________________________________________________

 

Address of agent, custodian, lessee, or occupant (if applicable):

 

_______________________________________________________

 

Our records indicate that you are the owner, agent, custodian, lessee or occupant of the following property in the City of Leesburg, Florida:

 

[description of property]

 

An inspection of this property discloses, and I have found and determined, that a public nuisance exists on this property. This public nuisance violates section 12-19 of the Code of Ordinances of the City of Leesburg, Florida in that:

 

[description of the violation in this section]

 

[You are hereby notified that if, within twenty days from the date this notice is received,

 

a.                                                         the violation described above is not remedied and abated, or

 

b.                                                          this violation notice has not been timely appealed, as set forth in Subsection 12-19(i) of the City’s Code of Ordinances, the city will cause the violation to be remedied, and the costs incurred by the city in connection with the cleanup will be assessed against the property.]  To appeal this notice of violation, you must file your notice of appeal with the Code Enforcement Special Magistrate at Post Office Box 490630, Leesburg, Florida 34749, no later than 15 days after receipt of this notice. 

 

City of Leesburg

 

By:______________________________

Title:____________________________

 

If the notice is an after-the-fact notice of an imminent public-health threat, the bracketed portions shall be deleted and, in their place, the information required in subsection (k) regarding levy of assessment on the property for the costs of abatement incurred by the city shall be substituted. 

(i)  Appeals. Within fifteen days after notice is received, the owner or, if applicable, the agent, custodian, lessee, or occupant of the property may appeal to the city commission that a “notice of violation” is not warranted for the property or that the property did not pose an imminent public-health threat that required immediate cleanup.

(1) Content of Appeal. The owner or, if applicable, the agent, custodian, lessee, or occupant of the property must appeal the notice of violation by written notice to the city manager. The written notice must be accompanied by a reasonable filing fee of $25.00, and shall be either hand delivered to the city manager, or mailed to the city manager and postmarked, within the fifteen-day period after notice is received.

Upon timely receipt, the city manager will schedule the appeal for a public hearing before the Code Enforcement Special Magistrate.  At the public hearing, the appellant shall be afforded due process and may present such evidence as is probative of the appellant’s case.  The city manager or other city staff shall present such evidence as is probative of the alleged violation.  Members of the public shall be afforded the opportunity to present germane testimony and evidence.  Thereafter, the hearing shall be closed and the Code Enforcement Special Magistrate shall rule on the appeal. 

(2) Unsuccessful appeal. If the appeal is unsuccessful, the property must be “cleaned up” and the violation remedied and removed within fifteen days from the date of the magistrate’s decision, or if the city has abated the violations, the cost of the abatement must be paid within fifteen days from the date of the magistrate’s decision. 

(j)  Special assessment imposed. In the event an appeal is not made within fifteen days after notice is received and the violation is not remedied, or a timely appeal is made, but is unsuccessful and the violation is not remedied, the city may undertake such action as is necessary or useful to remedy the violation.  The costs incurred by the city to remedy the violation, including the actual cost of clean-up, all administrative expenses, and all other identifiable costs incurred by the city, shall be assessed against the property as authorized by Section 12-20.  All assessments shall be paid in full no later than the close of city business on the twentieth (20th) business day after the property owner has received notice of the assessment.  Thereafter, the unpaid amount of the assessment will accrue interest at the rate of 12% per annum or at the maximum rate allowed by law, whichever is less. 

(k)  Notice of assessment.  Upon completion of the actions undertaken by the city to remedy the violation on the property, the city manager shall notify in writing the owner and, if applicable, the agent, custodian, lessee, or occupant that a special assessment has been imposed on the property.  The notice shall be delivered to the owner and, if applicable, the agent, custodian, lessee, or occupant in the manner set forth for delivery of the notice of violation in subsection (h). 

The notice of assessment shall set forth the following:

1)          A description of the violation, a description of the actions taken by the city to remedy the violation, and the fact that the property has been assessed for the costs incurred by the city to remedy the violation.

2)          The aggregate amount of such costs and an itemized list of such costs.

3)          The intent of the city to record the assessment as a lien against the property if not paid timely, within the period of twenty business days as set forth in subsection (j).

4)          The intent of the city to place the assessment on the tax roll as a non-ad valorem assessment if not paid by the following December 1.

5)          The potential for the property to be subject to the sale of a tax certificate, bearing interest by law at a rate as high as 18% per annum, if the non-ad valorem assessment is not paid as part of the tax bill on the property.

6)          The potential for the property to be sold and conveyed by tax deed if the tax certificate is not redeemed by payment of the non-ad valorem assessment in full, plus interest, as required by Florida law.

Sec. 12-20.  Assessments for lot clean-up.

a)    Establishment of special assessment district.  The City of Leesburg in its entirety, as its city boundaries exist on the date of enactment of this section and as they may be expanded or contracted from time to time, is hereby declared a special-assessment district for the purposes of abating and remedying violations of Section 12-19.  Individual properties within the city’s boundaries, as they may exist from time to time, may be assessed for the costs incurred by the city in abating and remedying violations of Section 12-19. 

b)    Levy of non-ad valorem assessments.  There is hereby levied, and the city commission is authorized to levy from time to time, a non-ad valorem assessment against each and every property in the city (i) on which there occurs or has occurred a violation of Section 12-19, (ii) the city undertakes or has undertaken action pursuant to Section 12-19 to abate and/or remedy the violation and, thereby, incurs or has incurred costs, and (iii) the property owner and, if applicable, the agent, custodian, lessee, or occupant of the property fails or refuses or has failed or refused, for whatever reason, to pay timely the amount owed to the city under Section 12-19 for the costs incurred by the city in carrying out such abatement and remedy. 

c)    Collection of non-ad valorem assessments.  The city commission elects to use the uniform method to impose and collect non-ad valorem assessments against properties on which violations of Section 12-19 occur or have occurred.  The non-ad valorem assessments collected pursuant to this section will be included in the combined notice for ad-valorem taxes and non-ad valorem assessments as provided in section 197.3635 of Florida Statutes.  Non-ad valorem assessments collected pursuant to this section are subject to all collection provisions in section 197.3632 of Florida Statutes, including provisions relating to discount for early payment, prepayment by installment method, deferred payment, penalty for delinquent payment, and issuance and sale of tax certificates and tax deeds for nonpayment.

d)    Agreement to reimburse the Lake County Property Appraiser and the Lake County Tax Collector.  In order to use the uniform method for the levy, collection, and enforcement of the non-ad valorem assessments, the city manager is authorized to enter into a written agreement with the Lake County Property Appraiser and the Lake County Tax Collector providing for the reimbursement of their costs incurred in the administration and collection of the non-ad valorem assessments levied under this section.

e)    Adoption of a resolution. The city commission will adopt a resolution at a public hearing prior to January 1, 2011 in accordance with subsection 197.3632(3) of the Florida Statutes (2010), which resolution shall state the following:

1)        The city’s intent to use the uniform method of collecting non-ad valorem assessments.

2)        The city’s need for the imposition of the non-ad valorem assessments.

3)        The entire city is declared a special-assessment district, with individual properties being subject to the non-ad valorem assessment from time to time if and when violations of Section 12-19 occur.

The city will comply with all statutory notice prerequisites set forth in Section 197.3632 of Florida Statutes.

f)     Annual non-ad valorem assessment roll.  Each year, the city commission will approve a non-ad valorem assessment roll at a public hearing between January 1 and September 15.  The non-ad valorem assessment roll will be comprised of properties that have had levied against them non-ad valorem assessments under this section, and such assessments have not otherwise been paid in full prior to approval of the roll. 

The city manager and the city attorney are authorized and directed each year (i) to prepare the notice that must be sent by first-class United States mail, as required by subsection 197.3632(4)(b) of Florida Statutes, and (ii) to prepare and publish the newspaper notice required by subsection 197.3632(4)(b) of Florida Statutes. 

The notice to be sent by first-class mail will be sent to each person owning property that will be on the non-ad valorem assessment roll and will include the following: 

1)        The purpose of the assessment;

2)        The total amount to be levied against the parcel, which includes the actual cost incurred by the city;

3)        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;

4)        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

5)        The date, time, and place of the hearing.

Upon its approval by city commission, the non-ad valorem assessment roll will be certified to the tax collector as required by law.

SECTION 2. 

All ordinances or parts of ordinances which are in conflict with this Ordinance are hereby repealed, to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of any of the conflicting ordinance, in which case those ordinances so affected shall be hereby repealed in their entirety.

 

SECTION 3.

 

If any portion of this Ordinance is declared invalid or unenforceable, and to the extent that it is possible to do so without destroying the overall intent and effect of this Ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of the Ordinance shall continue in full force and effect as if were enacted without including the portion found to be invalid or unenforceable.

 

SECTION 4.

 

            This Ordinance shall become effective upon its passage and adoption according to law.   

 

            PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the ______ day of ______________, 2010. 

                                                                                   

 

THE CITY OF LEESBURG

 

By: ________________________________

                                                                                    Mayor

 

 

 

ATTEST:

 

_______________________________________

City Clerk