City Commission Agenda Cover Memorandum Originating Department: Finance (FIN) Meeting Type: Regular Agenda Date: 07/05/2016 Advertised: Required?: Yes No ACM#: 20924 Subject: Resolution No. 197-16 directing the development of the preliminary assessment roll for the Chronic Nuisance Assessments for 2016 and setting the date for a public hearing on August 29, 2016. Ordinance/Resolution: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, DIRECTING THE DEVELOPMENT OF A PRELIMINARY ASSESSMENT ROLL FOR THOSE NON-AD VALOREM ASSESSMENTS WHICH MAY BE LEVIED FOR THE COST OF PROVIDING LOT MOWING AND DEBRIS REMOVAL SERVICES, BOARDING AND SECURING OF VACANT OR UNSAFE STRUCTURES, DEMOLITION AND REMOVAL OF UNSAFE STRUCTURES, CALLS FOR SERVICE AND INSPECTIONS TO ELIMINATE NUISANCE CONDITIONS ON PRIVATE REAL PROPERTY, AND OTHER PROPERTY MAINTENANCE SERVICES TO ELIMINATE NUISANCE CONDITIONS ON PRIVATE REAL PROPERTY WITHIN THE INCORPORATED AREA OF THE CITY AND WHICH REMAINED DELINQUENT AND UNPAID; ESTABLISHING THE DATE AND TIME OF A PUBLIC HEARING; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Staff Recommended Motion: Approve Resolution No. 197-16 and set a Public Hearing for August 29, 2016. Background: In September 2011, the City of West Palm Beach adopted a series of Ordinances intended to change the way the City deals with chronic nuisance properties and chronic nuisances in general. These ordinances were intended to recognize that the work that City staff provides to chronic nuisance properties is of direct benefit to the affected property. Through the adoption of Ordinance Nos. 4350-11, 4361-11, and 4362-11 the City Commission declared that any unpaid chronic nuisance service charges, unpaid Code Enforcement re-inspection assessment charges, or unpaid costs incurred for the abatement of code violations that remained delinquent and unpaid should become a special assessment against these properties as a non-ad valorem assessment equal in rank and dignity to a lien for ad valorem taxes. Pursuant to Section 54-422 of the City Code of Ordinances, the Finance Director must prepare an initial assessment roll of the proposed assessments which are unpaid as of June 1st.
AGENDA COVER MEMORANDUM Page 2 C.M. # Date: Resolution No. 197-16 directs the preparation of the initial assessment roll, sets the date for the public hearing to adopt a final assessment roll, and directs that the affected property owners be provided notice, by first class mail and publication, to appear at the public hearing if they wish to be heard. Approval of Resolution No. 197-16 will scheduled the public hearing for final adoption of the Chronic Nuisance Assessment roll on August 29, 2016. Fiscal Note Current Year: Annualized: Budgeted: Unbudgeted: Funding Source: Comment: No fiscal impact, as revenue generated from the Chronic Nuisance Program is a reimbursement of expenditures incurred by the City to abate the nuisance. Electronic Attachments: Click here for assistance with naming convention. Is this ACM related to a Grant? Yes No Is this ACM related to Housing? Yes No Originating Department - Approved by: Mark Parks on 06/21/2016 06/21/2016 City Attorney's Department 06/21/2016 Asst. City Administrator 06/21/2016 City Administrator
AGENDA COVER MEMORANDUM Page 3 C.M. # Date: Return to Agenda
RESOLUTION NO. 197-16 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, DIRECTING THE DEVELOPMENT OF A PRELIMINARY ASSESSMENT ROLL FOR THOSE NON-AD VALOREM ASSESSMENTS WHICH MAY BE LEVIED FOR THE COST OF PROVIDING LOT MOWING AND DEBRIS REMOVAL SERVICES, BOARDING AND SECURING OF VACANT OR UNSAFE STRUCTURES, DEMOLITION AND REMOVAL OF UNSAFE STRUCTURES, CALLS FOR SERVICE AND INSPECTIONS TO ELIMINATE NUISANCE CONDITIONS ON PRIVATE REAL PROPERTY, AND OTHER PROPERTY MAINTENANCE SERVICES TO ELIMINATE NUISANCE CONDITIONS ON PRIVATE REAL PROPERTY WITHIN THE INCORPORATED AREA OF THE CITY AND WHICH REMAINED DELINQUENT AND UNPAID; ESTABLISHING THE DATE AND TIME OF A PUBLIC HEARING; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. * * * * * * WHEREAS, by Ordinance No. 4350-11, the City Commission of the City of West Palm Beach, Florida, declared that any chronic nuisance service costs that remain delinquent and unpaid as of June 1st of each year shall be a special assessment levied against the benefited real property as a non-ad valorem assessment superior to all other private rights, interests, liens, encumbrances, titles and claims upon the benefited real property and equal in rank and dignity with a lien for ad valorem taxes; and WHEREAS, by Ordinance No. 4361-11, the City Commission of the City of West Palm Beach, Florida, declared that any unpaid code enforcement re-inspection assessments shall be a special assessment levied against the benefitted real property as a non-ad valorem assessment superior to all other private rights, interests, liens, encumbrances, titles and claims upon the benefited real property and equal in rank and dignity with a lien for ad valorem taxes; and WHEREAS, by Ordinance No. 4362-11, the City Commission of the City of West Palm Beach, Florida, declared that any unpaid expenses of the City for the costs incurred by the abatement of code violations, including but not limited to lawn mowing, debris removal, and boarding and securing of vacant structures, shall be a special assessment levied against the benefitted real property as a non-ad valorem assessment superior to all other private rights, interests, liens, encumbrances, titles and claims upon the benefited real property and equal in rank and dignity with a lien for ad valorem taxes; and WHEREAS, Section 54-422 of the City Code of Ordinances requires: (a) the preparation each year by the Finance Director of a preliminary assessment roll; the scheduling of the date, time, and place of a public hearing to receive and consider comments from the public and directing that notice by publication and first class mail be provided to those property owners listed on the preliminary assessment roll;
RESOLUTION NO. 197-16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, THAT: SECTION 1. SECTION 2. This Resolution is adopted pursuant to the provisions of Ordinance No. 4350-11, 4361-11 and 4362-11, as amended (the Ordinances ), Section 2 of the Florida Constitution, Sections 166.021 and 166.041, Florida Statutes, and Chapter 54, Article XIII of the Code of Ordinances and other applicable provisions of law. Assessment Roll. The Finance Director is hereby directed to prepare an initial Chronic Nuisance Assessment Roll based on those chronic nuisance service costs, re-inspection costs that remain delinquent and unpaid as of June 1, 2016, and unpaid re-inspection cost and unpaid abatement cost assessments. Said initial Chronic Nuisance Assessment Roll shall contain at least the following information: (1) A summary description of each real property with such delinquent costs, conforming to the description contained on the ad valorem tax roll: (2) The name of the owner of the real property as listed on the ad valorem tax roll and maintained on the property appraiser's system; and (3) The amount of the costs to be assessed against each such parcel of benefited real property; and (4) The type of such costs. The initial assessment roll shall be retained by the City Clerk and shall be open to public inspection. The foregoing shall not be construed to require that the assessment roll be in printed form if the amount of the assessment for each parcel of benefited real property can be determined by use of a computer terminal available to the public. SECTION 3. Public Hearing. The City Commission will hold a public hearing to receive and consider comments from affected property owners and consider the adoption of the 2015 Chronic Nuisance Assessment Roll on August 29, 2016, at 5:00 pm, or as soon thereafter and can be heard, in Commission Chambers at City Hall, 401 Clematis Street, West Palm Beach, Florida. SECTION 4. Notice. The Finance Director shall cause notice of the public hearing on the Chronic Nuisance Assessment Roll to be given as follows: (a) Notice by mail. Written notice by first class mail shall be sent to each person owning property listed on the preliminary Chronic Nuisance Assessment Roll, at the address listed by the property appraiser and shall include the following information: (1) the type of the assessment; (2) the total amount to be levied against each parcel of assessed real property; 2
RESOLUTION NO. 197-16 (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 public hearing and to file written objections with the City Commission within twenty days of the date of the notice; and (5) the date, time, and place of the public hearing. Notice shall be mailed at least twenty (20) calendar days prior to the public hearing. (b) Notice by publication. At least twenty (20) calendar days prior to the public hearing, the public hearing shall be noticed by publication in a newspaper generally circulated within the county and shall contain at least the following information: (1) a brief and general description of the chronic nuisance services or code enforcement re-inspection services provided; (2) the fact that the assessment will be collected by the tax collector; (3) a statement that all affected property owners have the right to appear at the public hearing and the right to file written objections within twenty days of the publication of the notice; and (4) a statement that the initial assessment roll is available for inspection at the office of the City Clerk and that all interested persons may ascertain the amount to be assessed against a parcel of assessed real property at the office of the City Clerk. SECTION 5. SECTION 6. A copy of the initial assessment roll shall be provided to the property appraiser and included as a part of the notice of proposed property taxes under F.S. 200.069, the truth-in-millage notification. This Resolution shall take effect as provided by law. 3