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HomeMy WebLinkAbout15-130RESOLUTION NO. 2015-130 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS RELATING TO THE FUNDING OF NUISANCE REMEDIATION AND LOT CLEANUP SERVICES PROVIDED TO CERTAIN REAL PROPERTY LOCATED WITHIN THE LOT CLEANUP SPECIAL ASSESSMENT DISTRICT; DETERMINING THAT SUCH PROPERTY IS SPECIALLY BENEFITED BY THE SERVICES; PROVIDING FOR THE IMPOSITION OF NON -AD VALOREM ASSESSMENTS AGAINST SUCH PROPERTY; ESTABLISHING THE METHOD OF ASSESSING THE COSTS OF THE SERVICES AGAINST THE PROPERTY SPECIALLY BENEFITED THEREBY; ESTABLISHING OTHER TERMS AND CONDITIONS OF THE ASSESSMENTS; APPROVING THE ASSESSMENT ROLL; IMPOSING ASSESSMENTS UPON ALL PARCELS DESCRIBED IN THE ASSESSMENT ROLL; PROVIDING THE METHOD OF COLLECTION; AND PROVIDING AN EFFECTIVE DATE. 0 U O 0 U � % W ~ 0 o M� � N .Wd > =D�C9u? VJ Wa�"� uivC ;Zo avoir ir 0 Uj M 0vQ,LLo� BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF ST. LUCIE COUNTY AS FOLLOWS: SECTION 1. AUTHORITY. This Resolution of the St. Lucie County Board of County Commissioners (the 'Board") is adopted pursuant to the provisions of Article II of Chapter 38 of the County Code of Ordinances (the "Assessment Ordinance"), sections 125.66, 197.3632, and 197.3635, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in the Assessment Ordinance. As used in this Resolution, the following terms shall have the following meanings unless the context hereof otherwise requires. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Resolution; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this Resolution. Words of any gender include the correlative words of the other gender, unless the sense indicates otherwise. "Assessed Property" means all Parcels included in the Assessment Roll which receive or have received Remediation Services from the County and the special benefit conveyed thereby. "Assessment" means a special assessment (sometimes characterized as a non -ad valorem assessment) levied by the Board to fund the costs of providing Remediation Services. "Assessment Coordinator" means the chief administrative officer of the County, or such person's designee responsible for coordinating calculation and collection of Assessments as provided herein. "Assessment Ordinance" means Article II of Chapter 38 of the County Code of Ordinances as may be amended from time to time. "Assessment Roll" means the non -ad valorem assessment roll created pursuant to Section 38-28(q) of the Assessment Ordinance and approved heredunder. "Board" means the Board of County Commissioners of St. Lucie County, Florida. "Collection Costs" means costs incurred by the Board in the annual collection and administration of the Assessments, including but not limited to fees imposed by the Property Appraiser and Tax Collector, amounts necessary to account for statutory discounts for the early payment of property taxes and non -ad valorem assessments, and amounts associated with filing any notice of lien or release of lien in the public records. "County" means St. Lucie County, Florida. "Fiscal Year" means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the County. "Property Cleanup Special Assessment District" or "District" means the special assessment district established by Section 38-28(1) of the Assessment Ordinance. "Parcel" means a parcel of property to which the St. Lucie County Property Appraiser has assigned a distinct ad valorem property tax identification number. "Remediation Services" means the nuisance remediation and lot cleanup services authorized by the Assessment Ordinance provided by the County to those Parcels included on the Assessment Roll in order to address and remediate imminent public health threats and conditions of nuisance. "Tax Roll" means the real property ad valorem tax roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non -ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: (A) The County adopted the Assessment Ordinance and established the District to provide for the imposition of Assessments to fund all or a portion of the costs incurred by the County in providing Remediation Services to those Parcels within the District which contain conditions of nuisance and menace to the public health, safety, and welfare of the citizens of the County. (B) The Assessment Ordinance provides for extensive notice to the owners of affected Parcels in advance of the provision of Remediation Services and the imposition of Assessments, and ample opportunity for such owners to address the nuisance and menace conditions themselves and thereby avoid the need for the County's provision of Remediation Services and resulting Assessment. The Assessment Ordinance also provides affected owners with mailed notice of a public hearing prior to imposition of the Assessments and inclusion of the Assessments on the annual property tax bill. (C) The imposition of Assessments upon affected Parcels to fund the Remediation Services conveyed to such Parcels is fair and reasonable, and without such imposition County taxpayers would be required to pay the cost of cleaning up such properties, and such cleanups would have to be undertaken by the County and funded by County taxpayers several times a year, in some cases for the same properties. (D) The conditions and violations contemplated by the Assessment Ordinance create imminent risks both for the affected property and the broader public health and create a burden that must be remedied by the County in order to provide for the health, safety and well-being of its constituents. Remediation Services provided by the County relieve the burden created by such conditions and therefore convey a special benefit to the Parcels receiving the services. (E) Additional special benefits conveyed to such Parcels by the Remediation Services may include, but are not limited to, preventing decline in property value, improving aesthetics of property, marketability, and safety by reducing fire hazards and improving access to the property. (F) The imposition of non -ad valorem assessment to recover the actual cost incurred by the county in providing Remediation Services, together with a pro rata share of administration and collection costs (including amounts necessary to account for any statutory discount for the early payment of property taxes and non -ad valorem assessments but excluding any applicable penalty or fine) provides an equitable method of funding such Remediation Services by fairly and reasonably allocating the cost thereof to specifically benefitted property. (G) The Assessment Roll is comprised of Parcels for which the Assessment has not otherwise been paid in full prior to approval of the roll. (H) The amount of the Assessment imposed against each Parcel included on the Assessment Roll reflects Remediation Services provided by the County through May 1, 2015. The owners of such Parcels may avoid the imposition of additional Assessments in the future by correcting any nuisance conditions or violations upon notice thereof provided by the County in accordance with Section 38-28(h) of the Assessment Ordinance. (I) The Board is authorized by the Uniform Assessment Collection Act to levy and collect Assessments, and the Assessment Ordinance established a procedure for the levy and collection of Assessments by the Board for the purpose of funding the costs incurred by the County in providing Remediation Services. (J) The Board hereby finds and determines that the Assessments to be imposed in accordance with this Resolution provide a proper and equitable method of funding the Remediation Services and reasonably apportioning the costs thereof among the Parcels specially benefitted thereby. (K) The Assessment Roll has heretofore been filed at the office of the County Engineer and made available for public inspection. (L) As required by the terms of the Assessment Ordinance and the Uniform Assessment Collection Act, notice of a public hearing has been published and mailed to each affected property owner notifying such property owner of the opportunity to be heard. The proof of publication and an affidavit of mailing are attached hereto as Appendices A and B respectively. (M) A public hearing has been duly held and comments and objections of all interested persons have been heard and considered as required by law. (N) The Assessments contemplated hereunder will be imposed by the Board, not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector under the provisions of this Resolution shall be construed solely as ministerial. (0) The amount of the Assessment imposed against Assessed Property is based upon the actual cost incurred in providing Remediation Services to such Parcels, together with a pro rata share of administrative and collections costs involved with the imposition and collection of the Assessments which is a fair and reasonable method for apportioning the costs of the Remediation Services and the special benefit conveyed thereby among Assessed Property, and bears a reasonable relationship to the cost of providing such services. (P) The special benefits derived from the Remediation Services provided to each Parcel exceed the amount of the Assessments levied and imposed against such Parcel. The Assessment for any Parcel subject thereto does not exceed the proportional benefits that such Parcel will receive compared to any other Parcel. (Q) The Board hereby finds and determines that the Assessments to be imposed in accordance with this Resolution provide an equitable method of funding the Remediation Services by fairly and reasonably allocating the costs associated with the Project among specially benefited property. SECTION 5. IMPOSITION AND LIEN OF ASSESSMENTS. (A) Assessments are hereby imposed against each Parcel included on the Assessment Roll, in the amount set forth therein. The Assessment shall constitute a lien against Assessed Property 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. (B) Any existing lien of record for the Assessed Property shall be supplanted by the lien resulting from approval and certification of the Assessment Roll as provided hereunder. Upon certification of the Assessment Roll to the Tax Collector, County staff is authorized and directed to file a release of the lien of record for the Parcels included on the Assessment Roll. SECTION 6. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, a copy of which is attached hereto as Appendix C, is hereby approved. The Assessment Roll shall be retained by the Assessment Coordinator and shall be available for 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 can be determined by use of a computer terminal or internet access available to the public. SECTION 7. COLLECTION OF ASSESSMENTS. The Assessments imposed hereunder may be prepaid at any time prior to August 4, 2015. Upon receipt of any such prepayment made in full, the Assessment Coordinator shall provide for the filing of a release of the lien against the prepaid Parcel. Any Assessments which are not prepaid by such date shall be collected on the November 2015 property tax bill as authorized by the Uniform Assessment Collection Act. The Assessment Coordinator is authorized to cause the certification and delivery of the Assessment Roll to the Tax -Collector anytime after such date but prior to September 15, in the manner prescribed by the Uniform Assessment Collection Act. SECTION 8. EFFECT OF RESOLUTION. The adoption of this Resolution shall be the final adjudication of the issues presented herein (including, but not limited to, the method by which the Assessments are computed and apportioned, the Assessment Roll, and the amount of the Assessment imposed against each Parcel unless proper steps are initiated in a court of competent jurisdiction to secure relief within twenty (20) days from the date of the Board's adoption of this Resolution. [Remainder of Page Intentionally Left Blank] SECTION 9. EFFECTIVE DATE. This Final Assessment Resolution shall take effect immediately upon its passage and adoption. AFTER MOTION AND SECOND, the vote on this Resolution was as follows: Chair Paula A. Lewis AYE Vice Chair Kim Johnson AYE Commissioner Chris Dzadovsky AYE Commissioner Frannie Hutchinson AYE Commissioner Tod Mowery AYE PASSED AND DULY ADOPTED this 4t" day of August, 2015. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA � J Chair APPROVED AS TO FORM AND CORRE TNESS: i County Attorney APPENDIX A PROOF OF PUBLICATION A-1 coast rrwpers I TCPALm St. Lucie News -Tribune 1939 SE Federal Highway, Stuart, FL 34994 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared, Sherri Cipriani, who on oath says that she is Classified Inside Sales Manager of the St. Lucie News -Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida: that the attached copy of advertisement was published in the St. Lucie News -Tribune in the following issues below. Affiant further says that the said St Lucie News -Tribune is a newspaper published in Fort Pierce, in said St. Lucie County, Florida, and that said newspaper has heretofore been continuously published in said St. Lucie County, Florida, daily and distributed in St. Lucie County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The St. Lucie News -Tribune has been entered as Periodical Matter at the Post Offices in Fort Pierce, St. Lucie County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Coovline PO # 435195 -ST LUCIE COUNTY BOCC 598548 NOTICE OF HEARING TO IMPOSE AND PROV SAD Assess 8/4/15 Pub Dates July 10, 2015 worn t d subscribed before me this ay of, Jufy 09, 2015, by who is Sherri priani (X) personally known to me or ( ) who has produced as identification. Sandra Coldren Notary Public ;=g`•'"� Py=Thru DREN FF 004035 ,= 1, 2017 l c Underwritan E4» Friday, July 10, 2015 x, TREASURE COAST NEWSPAPERS Personal Reppresentative R. LEE McELROY IV, ESQ. 3501 PGA Boulevard Suite 201 Palm Beach Gardens, FL 33410 Attorney for Personal Representative R. LEE McELROY IV, ESQ Florida Bar No. 0949191 DOWNEY I McELROY, P.A. Attorneys for Personal Representative 3501 PGA Boulevard, Suite 201 Palm Beach Gardens, FL 33410 Telephone: (561) 691-2043 Telefax: (561) 691-8078 Email -pleadings only: attorneys@downeypa.com Email -personal: edward@downeypa.com Email -personal; lmcelroy,@down,e&pa.com Pub: July 3. 10. 2015 TCN584933 OF THIS ther persons or demands or un whom DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM. All other creditors of the decedent and persons having claims or demands against the decedent's estate, Including unmatured contingent or unliquidated claims, must file their claims with this Court WITHIN THREE MONTHS AFTER THE DATE OF THE FIRST PUBLICA- TION OF THIS NOTICE. ALL CLAIMS, DEMANDS AND OBJECTIONS NOT 50 FILED WILL BE FOR- EVER BARRED. The date of the first public 2015. f this Notice is Personal Representative: John J. Lydon 10 Mt. Laurel Path Milton, Massachusetts 02186 Attorney for Personal Representative: James T. Long, Attorney Florida Bar #0257168 Post Office Box 426 Vero Beach, FI 32961 772-562-7146 TCN594399 CITY OF FORT PIERCE NOTICE OF PROPOSED ORDINANCE The City Com- All persons on TAIN CONDITIONS; PROVID- whom this notice Is served ING FOR THE RESERVATION who halggIve objthe ections OF AN EASEMENT UNTO THE challen of isenta5 CITY OF FORT PIERCE, FLOR- tyythat of theilpersonal IDA reprethe live. venue or jurisdiction of UTILITIES, REPEALINGEA�L ORDINAN6ES OR PARTS OF OF THIS ther persons or demands or un whom DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM. All other creditors of the decedent and persons having claims or demands against the decedent's estate, Including unmatured contingent or unliquidated claims, must file their claims with this Court WITHIN THREE MONTHS AFTER THE DATE OF THE FIRST PUBLICA- TION OF THIS NOTICE. ALL CLAIMS, DEMANDS AND OBJECTIONS NOT 50 FILED WILL BE FOR- EVER BARRED. The date of the first public 2015. f this Notice is Personal Representative: John J. Lydon 10 Mt. Laurel Path Milton, Massachusetts 02186 Attorney for Personal Representative: James T. Long, Attorney Florida Bar #0257168 Post Office Box 426 Vero Beach, FI 32961 772-562-7146 TCN594399 CITY OF FORT PIERCE NOTICE OF PROPOSED ORDINANCE any matter considered at its meeting Or hearing, that you or saitl person will need a record of the proceedings, and that for such purpose affected persons may need to Insure that a verbatim record of the proceedings is made, which record Includes the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabil- ities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meet - ng should contact the City Clerk's Office at (772) 467- 3052 at least 48 hours prior to the meeting. Linda W. Cox City Clerk Pub: July 10, 2015 TCN594337 NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON -AD VALOREM SPECIAL ASSESSMENTS CAREGIVER/COMPANION The City Com- Licensed. Criminal mission of the City of Fort background check available. Pierce, Florida, pursuant to Excellent references! the CitCharter and Flori- SL & MC 772-807-2499 da Statuy tes, will on Monday, CNA/COMPANION July 20, 2015, and Mondayy, EXPERIENCED College degreed SEEKS FT/PT August 3, 2015, at their meet - IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL inps which begin at 6:30 p.m., hold Public Hearings on the CIRCUIT IN AND FOR enactment of a proposed INDIAN RIVER COUNTY STATE ordinance on first and sec - OF FLORIDA CASE NO. 312015CP000645 and readings, respectively, in the City Hall Commission positions 11R References Chambers, 100 North U.S. IN RE: Estate of: #1, Fort Pierce, Florida; said David J. Lydon, Deceased. ordinance entitled: any matter considered at its meeting Or hearing, that you or saitl person will need a record of the proceedings, and that for such purpose affected persons may need to Insure that a verbatim record of the proceedings is made, which record Includes the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabil- ities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meet - ng should contact the City Clerk's Office at (772) 467- 3052 at least 48 hours prior to the meeting. Linda W. Cox City Clerk Pub: July 10, 2015 TCN594337 NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON -AD VALOREM SPECIAL ASSESSMENTS CAREGIVER/COMPANION MARTIN CLEANING Licensed. Criminal 10 rs exp, Guaranteed job background check available. well done & windows tool) Excellent references! 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A Fort copy of the agendas for the enter meetings may be obtained rance from Governmental Manage- innex ment Services, LLC, 5385 N. 'pun -Nob Hill Rd, Sunrise, Florida fibers 33351. floor. There may be occasions Puttiic Nt�'w will be g to be hl ments r of the also be ten corn of Adju have a right to appear at the District Staff may participate Depart hear!npp and to file written by speaker telephone. Pur- ed at ; Wections with the Board suant to provisions of the 2nd FII da, hin twenty (20) days of this notice. The assessment Americans with Disabilities Act, any person requiring du hours. will be based upon the actual special accommodations at 2822 I cost incurred by the County these meetings because of a if you in providing the remediation disability or physical Impair- or rep or cleanup services to the ment should contact the matior Assessed Parcel, togeth• District Office at (954) 721- The S er with a pro rata share of 8681 at least forty-eight(48) of A( any administrative and col- hours prior to the meeting. power lectjon costs involved with If you are hearing or speech antes imposing and collecting the impaired &lease contact al req special assessments. The the Florida Relay Service by Lucie assessments will be col- dialing 7-1-1 or 1-800-955- Code, lected in not more than two 8771 (TTY) / 1-800- 955.8770 the pi annual installments in actor. (Voice), for aid you in con- 10.01.0 dance with section 38.28(1) tacting the District Office. Count) of the Lot Cleanup Ordinance Each Each person who decides Code. and Section 197.3632, Florida Statutes, which sUthorl..S to any decision made by the Board or the Commit- the Bi collection of nen-ad valorem tee with respect to any mat- are el assessments by the St. Lucie ter considered at the meet- ed. PI Courts Tax Collector on the ings is advised that Verson 286.011 annual property tax bill. Col- lection Ps inticioated to com- will need a record of the pro- ceedings and that accord- a pers any d( mence in Novem Copies of the Lo Ordinance, the a: resolution to be ( at the Dublic hei the preliminary a! roll describing the Parcels and the i the assessment upon each are avi inspection at the TO 2015 PUBLIC NOTICE Notice of Regular Meeting and Audit Committee Meeting Copper Creek Community Development District The Regular meeting of the Board of Supervisors of the Copper Creek Commu- nity Development District is scheduled to be held on July 21 2015 at 11:30 AM at the Offices of Culpepper & Terpening, Inc. 2980 South 25th St., Fort Pierce. Florida 34981. There will also be an Audit Committee meet- ing at the above -referenced location. 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Reasonable Hauling/Demolition Call 772-216-4978 SL MC IR TREE TRIMMERS USA' 30% OFF 1st 5200 Tree Trimming & Landsc inpp Service (7T2�940.2613 Ga 9e SaMs APPENDIX B AFFIDAVIT OF MAILING BEFORE ME, personally appeared the undersigned affiant, who after being duly sworn depose and say: (1) I am MSBU Project Manager for the Engineering Division of St. Lucie County, Florida. (2) On or before July 14, 2015, I facilitated and directed mailed notice of a public hearing to be held on August 4, 2015 by the St. Lucie County Board of County Commissioners for purposes of receiving public comment on the imposition of special assessments (the "Assessments") within the Property Cleanup Special Assessment District (the "District") to fund nuisance remediation and lot cleanup services. The notices were mailed in accordance with Section 197.3632(4), Florida Statutes and Section 38-28(p)(2) of the County Code of Ordinances, to each owner of real property located within the District subject to the Assessments at the addresses shown on the real property tax roll database maintained by the St. Lucie County Property Appraiser for the purpose of the levy and collection of ad valorem taxes. (3) An exemplary form of such notice is attached hereto. FURTHER AFFIANT SAYETH NAUGHT. 'd, 9 f J _A �. Barbara Guettler, affiant STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing Affidavit of Mailing was sworn to and s re me this 57 day of 2015, by Barbara Guettler. She i personally know to me or has produced as identification and did take an oa . (SEAL) .... SUSAN DURDEN qtr . r_ MY COMMISSION M EE 185950 EXPIRES: June 18, 2016 SRF,h0.^ Balled Ttvu Notary Public lk*wiWs Printed/Typed Name: S s A ly 0 V e N Notary Public -State of )Olt: d:A Commission Expires: 7-b Ng. l I, 010 i l B-1 APPENDIX C ASSESSMENT ROLL Total Assessment Parcel ID Units Amount 130160201260004 1 $452.13 130160600440007 1 $425.53 130160601830003 1 $585.11 130160701770001 1 $744.68 130160702180001 1 $345.74 130160703750009 1 $531.91 130160800540006 1 $3,595.74 130160802440005 1 $425.53 130161501850005 1 $1,984.04 131270100720008 1 $425.53 141660100630004 1 $2,370.21 142860200430008 1 $1,170.21 142870209030002 1 $452.13 142870209040009 1 $797.87 142870209660001 1 $984.05 142870210270004 1 $425.53 142870210840001 1 $638.30 142870213450009 1 $638.30 143070200010006 1 $398.94 143070200490004 1 $446.81 143180100020000 1 $398.94 240560101660005 1 $2,512.77 240560104160003 1 $2,925.53 240560105580000 1 $478.72 240560105590007 1 $505.32 240731200080009 1 $2,718.09 242860400190000 1 $1,808.51 340350200470008 1 $425.53 340380200020002 1 $585.11 340450100640003 1 $585.11 341060200020000 1 $3,031.91 341951001280004 1 $797.87 341951501240001 1 $372.34 341951502160003 1 $744.68 341951502530004 1 $2,407.44 341953001190000 1 $638.30 341954001550005 1 $425.53 341954002920007 1 $744.68 341954003010004 1 $398.94 341954500250000 1 $531.91 341955500170002 1 1 $1,117.02 341957000440007 1 $744.68