HomeMy WebLinkAbout14-018i
ORDINANCE NO. 14-018
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3968265 06/23/2014 at 09:44 AM
OR BOOK 3645 PAGE 1021 - 1035 Doc Type: ORDN
RECORDING: $129.00
AN ORDINANCE AMENDING ARTICLE II "ABANDONED PROPERTY,
GARBAGE, TRASH, JUNK AND DEBRIS" OF CHAPTER 1-9 "GARBAGE,
TRASH AND REFUSE" BY AMENDING SECTION 1-9-16 "DEFINITIONS";
AMENDING SECTION 1-9-19.6 TO REQUIRE THE REMEDIATION OF
PROPERTY UNDER CERTAIN CONDITIONS; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the County has determined that many properties in the County, primarily those that
have been abandoned because of pending mortgage foreclosure, have accumulations ofjunk, trash, debris,
living and nonliving plant material, stagnant water, excessive overgrowth ofweeds, grass, broken windows.
skv lil?hts. and doors and other objectionable, unsightly or unsanitary materials; and
WHEREAS, by enactment e€~hi~s-@~~J;~~~~ree, the County 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, orwild animals, (iii)
conditions conducive to the breeding of mosquitoes, (ivl windows, skv lil?hts. doors that are not weather
tight; and (ta} ll untended property that threatens or endangers the health, safety, or welfare of County
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
ownerto abate and terminate the public nuisance results in (I) the "clean-up" ofthe property bythe County
and (ii) the imposition of anon-ad valorem special assessment on the property if the County is not timely
reimbursed for the cost of the "clean-up" and remediation; and
WHEREAS, the County 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 the 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 as set forth in Chapter 197 of the Florida Statutes; and
WHEREAS, if the non-ad valorem assessment is not paid timely, a lien may also be recorded against
the property; and
WHEREAS, the County 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 and
' remediation of the property and abatement of the nuisance, (iii) provide for assessment of property where
the County 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; and
Underlined passages are added. -1- 5.. __:.::.. __,:. passages are deleted.
WHEREAS, the clean-up and remediation of these properties is providing a special benefit to the
property by alleviating the burdens created by the nuisance conditions, preventing decline in property
value, improvingaesthetics ofproperty, marketability, safety by reducing fire hazards, and improvingaccess
to the property; and
WHEREAS, the imposition of non ad valorem assessments to recoup the actual cost incurred by the
County in providingclean-up and remediation services, togetherwith apro-rata share ofany administrative
cost involved, provides an equitable method of funding such cl~u,~, ,.,; services by fairly and reasonably
allocating the cost thereof to specifically benefitted property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA:
PART A:
ARTICLE II ABANDONED PROPERTY, GARBAGE, TRASH, JUNK AND DEBRIS
Section 1-9-16. Definitions.
For the purpose of this article, the following words shall have the meanings indicated:
Abandoned property wrecked or derelict property having no value other than nominal salvage
value, if any, which has been left abandoned and unprotected from the elements and is visible from the
adjacent property and/or public right-of-way adjacent to the property on which the article is located, and
shall include wrecked, inoperative, or partially dismantled motorvehicles,trailers, boats, machinery, white
goods, building materials, refrigerators, washing machines, plumbing fixtures, furniture, and any similar
article which has no value other than nominal salvage value, if any. The presence of a current license plate
on a motorvehicleshall raise a rebuttable presumption that the motor vehicle is not abandoned property.
The presence of a current registration decal on a boat shall raise a rebuttable presumption that the boat
is not abandoned property. Forthe purpose ofthis Section, a motorvehicle, boat ortrailershall be deemed
abandoned property if it is inoperative for a period of longer than five (5) days and is not stored in an
enclosed building, or at an authorized junk or auto wrecking yard. Evidence of removed or flat tires; partial
or complete dismantling motor vehicle, boat or trailer in other than an upright or operable manner; or lack
of a current license plate or current registration decal shall raise a rebuttable presumption that the motor
vehicle, boat or trailer is abandoned property.
Abandoned real property means any real property in unincorporated St. Lucie County that is vacant
and is under a current notice of default and is the subject of a foreclosure action or proceeding, is the
subject of a foreclosure sale where the title was retained by the mortgagee involved in the foreclosure,
and/or has been transferred under a deed in lieu of foreclosure or sale to the mortgagee.
Actual cost means the actual contract amount plus interest, if any, as invoiced by an independent,
private contractor for terminating and abating a violation ofthis article on a lot, tract, or parcel, plus the
cost of serving notice of the violation, obtaining title information on the property; and all other identifiable
costs incurred by the county in the cleanup of the lot, tract, or parcel.
Underlined passages are added. -2- ~_. __'c '.. __o ,passages are deleted.
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 St. Lucie County Property Appraiser.
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.
Debris means fragments or accumulations of pieces of metal, rubber, plastic, cloth or any other
natural, manufactured or vegetative matter.
Enforcement officer means sheriff, code enforcement officer or any other officer designated by
resolution of the board of county commissioners to enforce the provisions of this section.
Fill means material such as dirt that is imported and deposited on property by artificial means.
Foreclosure means the legal process by which a parcel, tract, lot or other defined area of real
property, placed as security for a real estate loan, is prepared for sale by the lender/mortgagee to satisfy
the debt if the borrower/mortgagor defaults. This definition shall include all processes, activities and
actions, by whatever name, associated with the described process.
Garbage means any waste part of food or other discarded animal or vegetable matter subject to
bacterial decay.
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 twelve 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.
Imminent public-health threat means the condition of a lot, tract, or }~a~,reei 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 lot, tract or parcel that,
because of the abandonment or excessive growth of grass, weeds, brush, or decaying vegetative matter
can harbor criminal activity, attracting or breeding flies, mosquitos or other anthropods and rodents, or
vermin capable of physical harm and transmitting diseases.
Junk means pieces, parts, or discarded whole units of metal, rubber, plastics, glass, or other objects
manufactured from either organic or inorganic materials.
Underlined passages are added. -3- ~.. __:e .'... __ '. passages are deleted.
levy means the imposition ofnon-ad valorem assessments against property found to be in violation
of this article.
local means within the boundaries of St. Lucie County, Florida.
Local agent means an agent, located in St. Lucie County, designated by the mortgagee upon
registration as required under this section.
Mortgagee means the creditor, including but not limited to, trustees; service companies; lenders
in a mortgage agreement; any agent, servant, or employee of he creditor; any successor in interest; or any
assignee of the creditor's rights, interests or obligations under the mortgage agreement. For purposes of
this section only, the term mortgagee does not apply to governmental entities.
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.
Non-ad valorem assessmentroll means the roll prepared by the County and certified to the St. Lucie
County Property Appraiser and Tax Collector, as appropriate under Florida law, for collection.
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.
Owner means every person, entity, or service company, who alone or severally with others:
(1) Has legal or equitable title to any dwelling, dwelling unit, mobile dwelling unit,
building, structure, or parcel of land, vacant or otherwise, including a mobile home park; or
(2) Has care, charge or control of any dwelling, dwelling unit, mobile dwelling unit,
building, structure or parcel of land, vacant or otherwise, including a mobile home park, in any capacity
including but not limited to agent, executor, executrix, administrator, administratrix, trustee or guardian
of the estate of the holder of legal title; or
(3) Is a mortgagee in possession of any such dwelling, dwelling unit, mobile dwelling
unit, building, structure, or parcel of land, vacant or otherwise, including a mobile home park; or
(4) Is an agent, trustee or other person appointed by the courts and vested with
possession or control of any such dwelling, dwelling unit, mobile dwelling unit, building, structure, or parcel
of land, vacant or otherwise, including a mobile home park; or
(5) Is a person who operates a rooming house.
Person means any individual firm, business, partnership, corporation, or unincorporated
association.
Underlined passages are added. '4- ~.. _.I.::.. __o .passages are deleted.
Property means a 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.
Remediation or Remedy means actions taken to abate unsafe. hazardous and/or unsanitary
conditions includin>? lot clean-up, mowine, debris or fill removal, boardine, clearin>?, demolition or such
other action as may be necessary to minimize or abate imminent public health threats and the nuisance
conditions contemplated herein.
Trash means waste material, including, but not limited to, putrescible and non-putrescible waste,
combustible and non-combustible waste, vegetative matter, 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, rusted metal
articles of any kind, broken parts of trees, pruning and clippings.
Vacant means any building structure or dwelling, dwelling unit, mobile dwelling unit, building,
structure, or parcel of land, vacant or otherwise, including a mobile home park that is not legally occupied
for more than fifteen (15) days.
PART B:
Section 1-9-19.6 LOT CLEAN-UP
(1)
stagnant water,
Purpose and Intent. The purpose and intent of this article is to prohibit the following:
a
accumulation of trash, junk, or debris, living and nonliving plant material, and
b
overgrowth, and
excessive and untended growth of grass, weeds, brush, branches, and other
c. windows. sky lights and doors that are not weather tieht (i.e. unable to prevent
people, animals, wind, rain or other elements from enterin>? the structure)
d. 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 article is to prevent conditions on property that result in the
following:
a.
or other wild animals,
b
property being inhabited by, or providing a habitat for, rodents, vermin, reptiles,
property providing a breeding place for mosquitoes, flies or arthropods,
Underlined passages are added. -5- ~.. _.I.::.. _ _;:. passages are deleted.
property being a place, or being reasonably conducive to serving as a place for
illegal or illicit activity,
d. property threateningorendangeringthepublichealth,safetyorwelfareofcounty
residents,
e. property reasonably believed to cause currently, or have the potential to cause in
the future, ailments or disease,
f. property adversely affecting and impairing the economic value of enjoyment of
surrounding or nearby property.
(2) 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) windows, skv liehts. doors that are not weather
t~ ands iv the keeping of fill in an unsafe and unsanitary manner is declared to be a nuisance and
menace to the public health, safety, and welfare of the citizens of the County for the following reasons:
The aesthetic appearance of property preserves the value of other properties
within the County.
b. 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 upon property, iii
windows, skv lights, doors that are not weather tight, and (pit} iv 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.
c. Unless addressed properly in this Code of Ordinances, County 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 County and funded by County Taxoavers several times a year, in some cases for the
same properties.
(3) Accumulation of trash, junk, or debris, living and nonliving plant material and stagnant
water.
a. 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.
b. The following uses are permissible:
(1) Storage of trash, junk, debris, and living and nonliving plant material in
garbage cans that comply with applicable ordinances relating to solid waste collection.
Underlined passages are added. -6- 5.. __:.:!.. __oh passages are deleted.
(2) The storage of nonliving plant material in compost bins, except that no
property may have more than two compost bins.
(3) 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.
(4) 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 twelve inches in height is
prohibited and shall be trimmed to a height below twelve inches.
Vegetative growth that is mature Florida ecological community, as defined by the Soils
Conservation Service in its publication entitled 26 Ecological Communities in Florida, is not prohibited by
this, article. However, in the event this vegetative growth constitutes an imminent public health threat, it
shall be removed upon the order of the County Administrator or designee.
ll Windows. skv liehts and doors that are not weather tisht. Everv owner, and if applicable,
every aeent. custodian, lessee, or occupant of orooertv shall ensure all windows, skv liehts, and doors are
able to prevent humans, animals, wind, rain, or other elements from enterine the structure.
X11 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 mosquitos, flies or arthropods, (iii) a place conducive to illegal activity, (iv)
a place that threatens or endangers the public health, safety or welfare of county 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.
f6}j~ Imminent public-health threat. (i)An accumulation of trash, junk, debris, living and
nonliving plant material, or stagnant water, (ii) an excessive growth of grass, weeds, brush, or other
overgrowth, or (iii) windows, skv liehts. doors that are not weather tisht, (tit} iv the keeping of fill on
property that presents an imminent public-health threat may be remedied by the County making a
reasonable effort to notify the Owner and may immediately notify the County Administrator to request a
hearing. The County Administrator shall determine whether, under the provisions of this article, an
imminent public-health threat exists.
If actual notice did not occur, after-the-fact notice will be provided by the County 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 Section 7 below, and the owner and, if
applicable, the agent, custodian, lessee, or occupant shall have fifteen days from the date notice is received
Underlined passages are added. -7- 5.. -.I.::.. _ _ph passages are deleted.
to (i) reimburse the County or (ii) appeal the CountyAdministrator'sdetermination that an imminent public-
health threat existed on the property.
(-3ju Enforcement.
(aJ Violations. Failure or refusal by the owner and/or, as applicable, the agent,
custodian, lessee or occupant of property to comply with the requirements of Secs. 1-9-19.6 (3), (4), et° (5)~
or (61 is a violation of this Article. The existence of an imminent public-health threat on a property is a
violation of this article.
(bJ Notice of violation. Whenever the County Administrator or his/her designee
determines there is a violation of this article, the County Administrator 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,
oroccupant 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 County,
the notice shall direct the owner and, if applicable, the agent, custodian, lessee, or occupant to pay to the
County 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, oroccupant, they shall bejointly and severally responsible to remedy the violation.
(cJ 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, oroccupant 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 County 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 County, a physical posting of the
"notice of violation" on the property shall be deemed the date the "notice of violation" is received.
d. Form of notice. The notice shall be in substantially the. following form:
Name of Owner:
Address of owner:
NOTICE OF VIOLATION
Name of agent, custodian, lessee, oroccupant (if applicable):
Underlined passages are added. -8- ~.. __'~ .'... __,'.. passages are deleted.
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 St. Lucie County:
[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 1-9-19.6 of the Code of Ordinances of St. Lucie County,
Florida in that:
[description of the violation in this article]
[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 has not been timely appealed, as set forth in Sec. 1-9-19.6(8) of the County's Code
of Ordinances.
The County will cause the violation to be remedied, and the costs incurred by the County in connection with
the cleanup will be assessed against the property and may be collected as a non ad valorem assessment
on the annual property tax bill.] To appeal this notice of violation, you must file your notice of appeal no
later than 15 days after receipt of this notice.
THE FAILURE TO PAY THE ASSESSMENT WILL CAUSE A TAX CERTIFICATE TO BE ISSUED AGAINST THE
PROPERTY WHICH MAY RESULT IN A LOSS OF TITLE.
St. Lucie County
By:
Title
Ifthe notice is anafter-the-fact notice of an imminent public-health threat, the bracketed portions shall be
deleted and, in their place, the information required in Section 1-9-19.6 (11) regarding levy of assessment
on the property for the costs of abatement incurred by the County shall be substituted.
(8) 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 County 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 cleanup.
Underlined passages are added. -9- ~:. _.:~ .'... _ _o:+ passages are deleted.
(a) Content of Appeal. The owner or, if applicable, the agent, custodian, lessee, or
occupant ofthe property must appeal the notice ofviolation by written notice to the County Administrator.
The written notice must be accompanied by a reasonable filing fee, as determined by the County
Administrator, and shall be either hand delivered to the County Administrator, or mailed to the County
Administrator and postmarked, within the fifteen-day period after notice is received.
Upon timely receipt, the CountyAdministratorwillschedule the appeal fora public
hearing before the County Commission. 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 County Administrator or other
county staffshall present such evidence as is probative ofthe alleged violation. Members ofthe public shall
be afforded the opportunity to present relevant testimony and evidence. Thereafter, the hearing shall be
closed and the County Commission shall rule on the appeal.
(b) 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 County Commission's
decision.
(c) An aggrieved party may appeal the Board ofCounty Commissioner's decision to the
circuit court. Such appeal shall not be a hearing de novo, but shall be limited to appellate review of the
record created before the Board ofCounty Commissioners. An appeal shall be filed within thirty (30) days
of the execution of the order to be appealed.
(9) Special assessment imposed.
a. The conditions and violations contemplated by this Article create imminent risks
both for the affected property and the broader public health and in essence creates a burden that must be
remedied by the County. Hear-tt}~ Remediation services provided by the County relieve the burden created
by such conditions and therefore convey a special benefit to the property receiving the services. Additional
special benefits conveyed may include but are not limited to preventing decline in property value,
improving aesthetics of property, marketability, safety by reducing fire hazards and improving access to the
property.
b. 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 County may undertake such action as is necessary or useful to remedy the violation. The
costs incurred by the County to remedy the violation, including the actual cost ofelec~.::p remediation and
a pro-rata share of any administrative expenses related to the collection, and costs incurred in other
identifiable costs related to the ~I~u;~; vp remediation and collecting the assessments involved [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 orfine], shall be assessed against the property
as authorized by Article II of this Chapter. All assessments shall be paid in full no later than the close of
County 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 at the statutory rate for final
judgments calculated on a calendar day basis until paid and may be collected as a special assessment,
sometimes referred to as a non-ad valorem assessment, on the annual property tax bill. Any penalties or
Untlerlined passages are added. -10- 5t. __\ '.. __,'.. passages are deleted.
fines may continue to accrue interest and be collected and enforced in accordance with the procedure for
foreclosure of mortgages or any other method authorized by law or County ordinance.
c. The imposition of non ad valorem assessment to recover the actual cost incurred
by the County in providing e1~c;~, ~:;~ remediation services, together with apro-rata share of any
administrative costs involved [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 e~ea~-ap remediation service by fairly and reasonably
allocating the cost thereof to specifically benefitted property.
The non-ad valorem assessment roll will be comprised of properties that have had
levied against them non-ad valorem assessments underthis article, and such assessment has not otherwise
been paid in full prior to approval of the roll.
e. Any cost of et~o~, u~ remediation that exceeds one thousand ($1,000) dollars may
be collected by the County in two (2) annual cycles. This shall be solely at the discretion of the County
Administrator.
(10) Notice of assessment. Upon completion of the actions undertaken by the County to
remedy the violation on the property, the County Administrator or designee, 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 Sec.1-9-19.6
(~)•
The notice of assessment shall set forth the following:
(a) a description of the violation, a description of the actions taken bjr the County to
remedy the violation, and the fact that the property has been assessed for the costs incurred by the County
to remedy the violation.
(b) The aggregate amount of such costs and an itemized list of such costs.
(c) The intent of the County 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 Sec. 1-19-19.6(9).
(d) The intent of the County to place the assessment on the tax roll as a non-ad
valorem assessment if not paid by the following 3,.:.,~.,,,~er~-September 1.
(e) 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.
(11) Establishment of special assessment district. St. Lucie County's Urban Service Boundary
as defined in the St. Lucie County Comprehensive Plan as it exists on the date of enactment of this article
Underlined passages are added. -11- ~.. _.I..'... _ _,:~ passages are deleted.
and as it may be expanded or contracted from time to time, is hereby declared aspecial-assessment district
for the purposes of abating and remedying violations of this chapter. Individual properties within the
unincorporated County's boundaries, as they may exist from time to time, may be assessed for the costs
incurred by the County in abating and remedying violations of this chapter.
(12) levy of non-ad valorem assessments. The County Commission is authorized to levy from
time to time, anon-ad valorem assessment against each and every property in the County (i) on which
there occurs or has occurred a violation of article I, (ii) the County undertakes or has undertaken action 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 county for the costs incurred by the
County in carrying out such abatement and remedy; provided, however, that the amount of the non ad
valorem assessment shall be limited to actual ~ remediation costs as determined in the sole
discretion of the County together with administrative and collection costs as contemplated herein.
(13) Collection of non-ad valorem assessments. The County Commission elects to use the
uniform method to impose and collect non-ad valorem assessments against properties on which violations
of article I occur or have occurred The non-ad valorem assessments collected pursuant to this article 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, 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.
(14) Agreement to reimburse St. Lucie County PropertyAppraiser and the St. Lucie CountyTax
Collector. In order to use the uniform method for the levy, collection, and enforcement of the non-ad
valorem assessments, the County is authorized to enter into a written agreement with the St. Lucie County
Property Appraiser and the St. Lucie 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 article.
(15) Adoption of resolutions. The County Commission will consider such resolutions as may be
required by Section 197.3632, Florida Statutes, pertaining to the imposition and collection of non ad
valorem assessment on the annual property tax bill including but not limited to the resolution required by
subsection 197.3632(3), Florida Statutes, which resolution shall state the following:
(a) The County's intent to use the uniform method of collecting non-ad valorem
assessments.
(b) The County's need for the imposition of the non-ad valorem assessments.
(c) The entire St. Lucie County Urban Service Boundary as defined in the St. Lucie
County Comprehensive Plan as it exists on the date of enactment of this article and as it maybe expanded
or contracted from time to time, 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 occur.
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The County will comply with all statutory notice prerequisites set forth in section 197.3632
of Florida Statutes.
(16) Annual non-ad valorem assessment roll. Each year, the County 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 article, and such assessments have not otherwise been paid in full priorto approval
of the roll.
The County Administrator or designee is 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:
(a) The purpose of the assessment;
(b) The total amount to be levied against the parcel, which includes the actual cost
incurred by the county;
(c) 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;
(d) A statement that all affected property owners have a right to appear at the hearing
and to file written objections with the County Commission within 20 days of the notice; and
(e) The date, time, and place of the hearing.
Upon its approval by County Commission, the non-ad valorem assessment roll will be
certified to the tax collector as required by law.
PART C. TRANSITION PROVISION.
Non-ad valorem assessments to recover actual costs incurred by the County in remedying violations
of article I of chapter 12-5 of the Code of Ordinances priorto the effective date of this ordinance may be
levied against the affected properties and, if not timely paid in full, may be placed on a non-ad valorem
assessment roll at the next available opportunity. All actions taken by County officials and employees to
that end are ratified and confirmed herewith.
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PART D. SEVERABILITY AND APPLICABILITY.
It is declared to be the intent of the Board of County Commissioners of St. Lucie County, that if any
section, subsection, sentence, clause or provision of this ordinance be held invalid, the remainder of the
ordinance shall not be affected.
PART E. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of
Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304.
PART F. EFFECTIVE DATE.
Pursuant to Section 125.66, Florida Statutes, a certified copy of this Ordinance shall be filed with
the Department of State by the Clerk of the Board of County Commissioners within ten (10) days after
enactment by the Board of County Commissioners. This Ordinance shall become effective when the
acknowledgment is received from the Secretary of State that the Ordinance has been duly filed.
PART G. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chair Frannie Hutchinson AYE
Vice Chair Paula Lewis AYE
Commissioner Chris Dzadovsky AYE
Commissioner Tod Mowery AYE
Commissioner Kim Johnson AYE
PART H. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County,
Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and
the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided,
however, that Parts C through H shall not be codified.
PASSED AND DULY ADOPTED this 17th day of June, 2014.
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ATTEST:
i~~~~
Deputy Clerk
BOARD OF COUNTY COMMI NERS
ST. LUCIE CO NTY, FLORI A
BYi /T,~rtm~ c /
Chair ~--
APPROVED AS TO FORM AND
CORRECT~,N/ES~S:
BY: ~'Y~
~, County Attorney
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FLORIDA DEPARTMENT O~~TATE
RICK SCOTT
Governor
June 19, 2014
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attention: Ms. Sue Korunow
Dear Mr. Smith:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of St. Lucie County Ordinance No. 14-018, which was filed in this office on June 19, 2014.
Sincerely,
Liz Cloud
Program Administrator
LC/mrh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us