HomeMy WebLinkAbout12-011ORDINANCE NO. 12-011
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-i6 "DEFINITIONS";
CREATING SECTION 1-9-19.6 TO REQUIRE THE CLEAN-UP OF PROPERTY
UNDER CERTAIN CONDITIONS; PROVIDING THE PURPOSE AND INTENT
AND DEFINITIONS; DECLARING CERTAIN CONDITIONS ON LOTS, PARCELS,
AND TRACTS WITHIN THE COUNTY BOUNDARIESTO BE A NUISANCE AND
MENACE; 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 COUNTY TO UNDERTAKE
IMMEDIATE ABATEMENT AND REMEDY OF IMMINENT PUBLIC-HEALTH
THREATS; PROVIDING FOR ENFORCEMENT OF VIOLATIONS OF SECTION
1-9-19.6; REQUIRING NOTICES TO OWNERS AND, IF APPLICABLE,
AGENTS, CUSTODIANS, LESSEES, AND OCCUPANTS OF PROPERTY IN
VIOLATION OF SECTION 1-9-19.6; PROVIDING FOR APPEALS OF
VIOLATION NOTICES; AUTHORIZING THE IMPOSITION AND LEVY OF
SPECIAL ASSESSMENTS IF COSTS ARE INCURRED BY THE COUNTY 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 COUNTY AS A SPECIAL
ASSESSMENT DISTRICT; AUTHORIZING THE LEVY OFNON-AD VALOREM
ASSESSMENTS IN CONNECTION WITH VIOLATIONS OFSECTION 1-9-19.6;
PROVIDING FOR THE COLLECTION OFNON-AD VALOREM ASSESSMENTS;
AUTHORIZING AN AGREEMENT WITH THE ST. LUCIE COUNTY PROPERTY
APPRAISER AND TAX COLLECTOR; AUTHORIZING AND REQUIRING THE
ADOPTION OF A RESOLUTION REGARDING THE COUNTY'S USE OF THE
UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS;
PROVIDING FOR ANNUAL NON-AD VALOREM ASSESSMENT ROLLS;
PROVIDING TRANSITION PROVISIONSAND RATIFYING ASSESSMENTSTO
RECOVER COSTS INCURRED BY THE COUNTY TO REMEDY VIOLATIONS
PRIOR TO THE ORDINANCE'S ENACTMENT; 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,
Underlined passages are added. ~ 5~lweletfirea~Ft passages are deleted.
JOSEPH E. SMITH. CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
PILE # 3724217 07~ 12,'2012 at 01:39 PM
OR BOOK 3410 PAGE 150 - 164 Doc Type: ORDN
REGORDWG: $t 29.00
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 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, 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 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 ofa property
ownerto abate and terminate the public nuisance results in (i) the "clean-up" of the property by the 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
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 asset forth in Chapter 197 of the Florida Statutes; and
WHEREAS, ifthenon-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 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 ofthe uniform method forthe imposition and collection
of non-ad valorem assessments against those properties; and
WHEREAS, the clean-up of these properties is providine a special benefit to the property by
preventing decline in property value, improvin>; aesthetics of property, marketability. safety by reducing
fire hazards. and improvin>? access to the property: and
WHEREAS, the imposition of non ad valorem assessments to recoup the actual cost incurred by the
County in providine clean-up services, tosether with a pro-rata share of any administrative cost involved,
provides an equitable method of funding such clean-up service 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:
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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 partiallydismantled 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 motorvehicle shall 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. For the purpose ofthis Section, a motor vehicle, boat or trailer shall 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 orflat tires; partial
or complete dismantling motorvehicle, boat ortrailer in otherthan 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 anv. 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 propertv. and all other identifiable
costs incurred by the county in the cleanup of the lot, tract, or parcel.
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
propertv 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. anv 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.
Underlined passages are added. -3- S~eroekthrevgh passages are deleted.
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 Brass or weeds or brush that, when allowed to Brow 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 livin>? plant life typically used and actually bein>? used for
landscapine purposes.
Imminent public-health threat means the condition of a lot, tract, or paracel of land that. because
of the accumulation of trash, funk or debris, such as broken Blass, rusted metal, automotive and appliance
parts, some of which may contain chemicals, such as freon, oils, fluids, or the like, may cause iniury or
disease to humans or contaminate the environment, or the condition of a lot. tract or parcel that, because
of the excessive growth of>?rass, weeds, brush, or decavine ve>etative matter can harbor criminal activity,
attractineor breedineflies, mospuitosorotheranthropodsand rodents. orvermin capableofphvsical harm
and transmittine diseases.
Junk means pieces, parts, or discarded whole units of metal, rubber, plastics, glass, or other objects
manufactured from either organic or inorganic materials.
Levy means the imposition ofnon-ad valorem assessments aeainst 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.
Underlined passages are added. -4- 5trnekihreagh passages are deleted.
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 assessment roll means the roll prepared by the County and certified to the St. Lucie
County Propertv Appraiser and Tax Collector, as appropriate under Florida law, for collection.
Non living plant material means nonliving vegetation such as leaves, Brass 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.
Propertv means a lot or tract or parcel of land and the adjacent unpaved and ungraded portion of
the right-of-wav. whether such lot or tract or parcel is improved or unimproved.
Trash means ,
r-ta~er 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.
Underlined passages are added. -5- ~ passages are deleted.
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
ll
staenant water,
Purpose and Intent. The purpose and intent of this article is to prohibit the followine:
a.
b.
overerowth, and
accumulation of trash, funk, or debris, livine and nonlivine plant material, and
excessive and untended erowth of erass, weeds, brush, branches. and other
c. the existence of all other objectionable, unsiehtly 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
followine:
a. property beine inhabited bv. or providine a habitat for, rodents, vermin, reptiles,
or other wild animals,
b. property providine a breedine place for mosquitoes. flies or arthropods.
c. property beine a place, or beine reasonably conducive to servine as a place for
illeeal or illicit activity.
residents,
d. propertythreatenineorendaneerinethepublichealth,safetyorwelfareofcounty
e. property reasonably believed to cause currently, or have the potential to cause in
the future, ailments or disease,
f. property adversely affectine and impairine the economic value of enjoyment of
surroundine or nearby property.
j~ Declaration of nuisance and menace. The (i) accumulation of trash, funk, or debris, livine
and nonlivine plant material, or stagnant water upon property, (ii) the excessive erowth of erass, weeds.
brush, branches, and other overerowth upon property. and (iii) the keepine 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 followine reasons:
Underlined passages are added. '6' Sirnekthrea6h passages are deleted.
a. The aesthetic appearance of property preserves the value of other properties
within the County.
b. The (i) accumulation of trash, iunk, or debris. nonlivine plant material or staenant
water, (ii) the excessive erowth of Brass, weeds. brush, branches and other overerowth upon property and
liii) the keepine of fill in an unsafe and unsanitary manner is daneerous unhveienic unhealthy visually
unpleasant to the reasonable person of averaee sensibilities, and a visual nuisance because it depreciates
or potentially can depreciate, the value of neighborine property.
c. Unless addressed properly in this Code of Ordinances Countv taxpayers could be
and would be reauired to pay the cost of cleanine up such properties and such clean-ups would have to
be undertaken by the County several times a year in some cases for the same properties
f~ Accumulation of trash. iunk, or debris. livine and nonlivine plant material and staenant
water.
a. Every owner and, if applicable, every aeent, custodian, lessee, or occupant of
property shall reasonably reeulate and effectively control accumulations oftrash,junk, or debris. livine and
nonlivine plant material and staenant water (i) on the property and (ii) that portion ofthe adioinine public
rieht-of-way between the property and the paved or eraded street.
b. The followine uses are permissible:
u Storaee of trash, iunk, debris, and livine and nonlivine plant material in
earbaee cans that comply with applicable ordinances relatine to solid waste collection.
j~ The Storaee of nonlivine plant material in compost bins, except that no
property may have more than two compost bins.
j~ Keepine wood on the property for use as fire or fuel, provided. such wood
shall be piled, stacked, bundled, or corded and the area surroundine the piles. stacks, bundles, or cords shall
be free of excessive erowth of grass, weeds, brush, branches, and other overerowth.
f~ Excessive erowth of Brass, weeds, brush and other overerowth. Every owner and, if
applicable, every aeent, custodian, lessee, or occupant of property shall reasonably reeulate and effectively
control the excessive erowth of Brass, weeds, brush, and other overerowth (i) on the property, and (ii) that
portion of the adioinine public rieht-of-way between the property and the paved or eraded street.
Excessive erowth of Brass, weeds, brush, and other overerowth that exceeds twelve inches in heieht is
prohibited and shall be trimmed to a heieht below twelve inches.
Veeetative erowth that is mature Florida ecoloeical community. as defined by the Soils
Conservation Service in its publication entitled 26 Ecolosical Communities in Florida, is not prohibited by
this article. However, in the event this veeetative erowth constitutes an imminent public health threat, it
shall be removed upon the order of the County Administrator or desi>?nee.
Underlined passages are added. -7- 5iwekihroe~h passages are deleted.
j~ Keepineoffillonproperty. Evervownerand,ifapplicable,evervaeent,custodian,lessee,
or occupant of propertv shall reasonably re>?ulate 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) breedin>?>?round for mosquitos, flies or arthropods, (iii) a place conducive to ille>;al activity, (iv)
a place that threatens or endaneers 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 propertv that adversely affects and impairs the economic value or enioyment of
surroundine or nearby propertv.
f~ Imminent public-health threat. (i)An accumulation of trash, funk, debris, livin>? and
nonlivin>? plant material, or staenant water, (ii) an excessive erowth of Brass, weeds, brush, or other
overerowth, or (iii) the keepine of fill on propertv that presents an imminent public-health threat may be
remedied by the County makin>; a reasonable effort to notify the Owner and may immediately notify the
County Administrator to request a hearine. The County Administrator shall determine whether, underthe
Qrovisions 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, ifapplicable, the a>?ent, 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
~~licable the a>;ent, custodian, lessee, or occupant shall have fifteen days from the date notice is received
to (i) reimbursetheCountyor(ii) appealthe CountyAdministrator'sdeterminationthatanimminent public-
healththreat existed on the propertv.
f~ Enforcement.
f~ Violations. Failure or refusal by the owner and/or, as applicable, the a>;ent,
custodian lessee or occupant of propertv to comply with the requirements of Secs.1-9-19.6 (3), (4), or (51
is a violation of this Article. The existence of an imminent public-health threat on a propertv is a violation
of this article.
f~ Notice of violation. Whenever the County Administrator or his/her desienee
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, ifapplicable, the agent, custodian, lessee, or occupant of the
propertv The "notice of violation" shall direct the owner and, ifapplicable, the a>;ent, 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 County,
the notice shall direct the owner and, ifapplicable, the aeent, 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,theyshallbeiointlvandseverallyresponsibletoremedvtheviolation.
(~ 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, ifapplicable, the
Underlined passages are added. -8- 5traekthron6Ft passages are deleted.
a>;ent, 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 County for such owner or, if applicable, the aeent, 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 followin>? form:
Name of Owner:
NOTICE OF VIOLATION
Address of owner:
Name of a>;ent, custodian, lessee, or occupant (if applicablel:
Address of aeent, custodian, lessee, or occupant (if applicable):
Our records indicate that you are the owner, agent, custodian, lessee or occupant of the followine 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 articlel
(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.
Underlined passages are added. -9- ShaektMea~h passages are deleted.
The County will cause the violation to be remedied, and the costs incurred by the County in connection with
the cleanup will be assessed aeainst the propertv and may be collected as a non ad valorem assessment
on the annual propertv tax bill.l To appeal this notice of violation, you must file your notice of appeal no
later than 15 davs 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
If the 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 1-9-19.6111) reeardin>? levy of assessment
on the propertv for the costs of abatement incurred by the County shall be substituted.
j~ Appeals. Within fifteen davs after notice is received, the owner or, if applicable, the a e~nt-
custodian, lessee, or occupant of the propertv may appeal to the County Commission that a "notice of
violation" is not warranted for the propertv or that the propertv did not pose an imminent public-health
threat that reauired cleanup.
ll Content of Appeal. The owner or, if applicable, the a>?ent, custodian, lessee, or
occupant ofthe propertv must appeal the notice of violation by written notice to the Countv Administrator.
The written notice must be accompanied by a reasonable filin>? 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 for a public
hearin>; 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 Countv Administrator or other
Countv staff shall present such evidence as is probative ofthe alleeed violation. Members of the public shall
be afforded the opportunity to present relevant testimony and evidence. Thereafter, the hearin>? shall be
closed and the County Commission shall rule on the appeal.
f~ Unsuccessful appeal. If the appeal is unsuccessful, the propertv must be "cleaned
up"and the violation remedied and removed within fifteen davs from the date ofthe Countv Commission's
decision.
j~ An a>?>?rieved party may appeal the Board of Countv Commissioner's decision to the
circuit court. Such appeal shall not be a hearins de novo. but shall be limited to appellate review of the
record created before the Board of Countv Commissioners. An appeal shall be filed within thirty (30) da r~s
of the execution of the order to be appealed.
Underlined passages are added. -1~- 5troek4hroa~h passages are deleted.
f~ Special assessment imposed.
a. The conditions contemplated by this Article create imminent risks both for the
affected propertv and the broader public health and in essence creates a burden that must be remedied
by the County. Clean-up services provided by the County relieve the burden created by such conditions and
therefore convey a special benefit to the propertv receivine the services. Additional special benefits
conveyed may include but are not limited to preventive decline in propertv value improvine aesthetics of
propertv, marketability, safety by reducine fire hazards and improvine access to the propertv
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, includine the actual cost ofclean-up and a pro-rata
share of any administrative expenses related to the collection. and costs incurred in other identifiable costs
related to the clean-ug and collective the assessments involved f includine amounts necessary to account
for any statutory discount for the early payment of propertv taxes and non ad valorem assessments but
excludine any applicable penalty or finel, shall be assessed aeainst the propertv 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 propertv owner has received notice of the assessment. Thereafter.
the unpaid amount of the assessment will accrue at the statutory rate for final iudements calculated on a
calendar day basis until paid and may be collected as a special assessment. sometimes referred to as anon-
ad valorem assessment. on the annual propertv tax bill. Anv penalties or fines may continue to accrue
interest and be collected and enforced in accordance with the procedure for foreclosure of morteaees 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 providine clean-up services, toeether with a pro-rata share of any administrative costs
involved (includine amounts necessary to account for any statutory discount for the early payment of
propertv taxes and non ad valorem assessments but excludine any applicable penalty or finel provides an
equitable method of fundine such clean-up service by fairly and reasonably allocatine the cost thereof to
specifically benefitted propertv.
d. The non-ad valorem assessment roll will be comprised of properties that have had
levied aeainst them non-ad valorem assessments underthis article, and such assessment has not otherwise
been paid in full prior to approval of the roll.
e. Anv cost ofclean-up that exceeds one thousand 151.000) dollars maybe collected
by the County in two (21 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 desienee, shall notify in writine the
owner and, if applicable, the aeent, custodian, lessee, or occupant that a special assessment has been
imposed on the propertv. The notice shall be delivered to the owner and. if applicable, the aeent,
custodian, lessee, or occupant in the manner set forth for delivery of the notice of violation in Sec.1-9-19.6
Underlined passages are added. -11- 5lroekthren6Fr passages are deleted.
The notice of assessment shall set forth the followine:
j~ a description of the violation, a description of the actions taken by 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.
jJ. The aeereeate amount of such costs and an itemized list of such costs.
j~ The intent of the County to record the assessment as a lien aeainst the property
if not paid timely. within the period of twenty business days as set forth in Sec. 1-19-19.6(9).
u The intent of the County to place the assessment on the tax roll as a non-ad
valorem assessment if not paid by the followine December 1.
j~ 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 saecial 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
and as it may be expanded or contracted from time totime, is herebvdeclared aspecial-assessment district
for the purposes of abatine and remedvine 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 abatine and remedvine violations of this chapter.
12 Lew ofnon-ad valorem assessments. The County Commission is authorized to levy from
time to time, anon-ad valorem assessment aeainst 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 aeent, 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 carrvine out such abatement and remedy; provided, however, that the amount of the non ad
valorem assessment shall be limited to actual clean up costs as determined in the sole discretion of the
County toeether 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 aeainst 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, includine provisions relative 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.
Underlined passages are added. -12- SRroektFxea6Fr passages are deleted.
14 Agreementto reimburse St. Lucie County PropertvAppraiser and the St Lucie County Tax
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 aereement with the St Lucie County
Propertv Appraiser and the St. Lucie County Tax Collector grovidine 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, pertainine to the imposition and collection of non ad
valorem assessment on the annual Propertv tax bill includine but not limited to the resolution required by
subsection 197.3632(3). Florida Statutes. which resolution shall state the followin>?•
j~ The County's intent to use the uniform method of collectine non-ad valorem
assessments.
f~ The County's need for the imposition of the non-ad valorem assessments
f~ The entire St. Lucie County Urban Service Boundary as defined in the St Lucie
Countv 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 beine
subject to the non-ad valorem assessment from time to time if and when violations occur
The Countv 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 hearine between January 1 and September 15. The non-ad
valorem assessment roll will be comprised of properties that have had levied aeainst them non-ad valorem
assessments under this article, and such assessments have not otherwise been paid in full prior to approval
of the roll.
The County Administrator or desienee 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 197.363214)(b)
of Florida Statutes.
The notice to be sent by first-class mail will be sent to each person owning Propertv that
will be on the non-ad valorem assessment roll and will include the followine:
j~ The purpose of the assessment:
j~ The total amount to be levied aeainst the parcel, which includes the actual cost
incurred by the Countv:
j~ A statement that failure to pay the assessment will cause a tax certificate to be
issued aeainst the property, which may result in a loss of title:
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j~. A statement that all affected property owners have a rieht to appear at the hearine
and to file written objections with the County Commission within 20 days of the notice• and
j~ The date, time, and place of the hearine.
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 assessmentsto recoveractual costs incurred bythe County in remedying violations
of article I of chapter 12-5 of the Code of Ordinances prior to 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.
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:
Chairman Tod Mowery AYE
Vice Chairman Paula Lewis AYE
Commissioner Chris Craft AYE
Commissioner Frannie Hutchinson AYE
Underlined passages are added. -14- 5~lwekthrenSF+passages are deleted.
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.
r
PASSED AND DULY ADOPTED this ~~ ~~day of !. ' 2012.
_ ._._`~
-~ is=- .-~~..~ BOARD OF COUNTY COMMISSIONERS
ATTEST: <~'~;~ - ~ ;. ,,~~ ST. LUCIE COUNTY, FLORIDA
- ~ _ = _ ~.
-:
Deputy Clerk _-~ ~ ~ Chairman
~~L
~;.- ~.
~.~ . APPROVED'A~ TO FORM AND
BY:
County
Underlined passages are added. -15-
5lrbektMen~Fr passages are deleted.
~~
FLORIDA DEPARTMENT 0 f STATE
-----~
RICK SCOTT
Governor
July 19, 2012
KEN DETZNER
Secretary of State
..
~U~. ~ 5 201
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attention: Ms. Kelly Phelan, Executive Recording Secretary
Dear Mr. Smith:
•~.,~. ~ ~~~ _,_,.ti
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter
dated July 16, 2012 and certified copies of St. Lucie County Ordinance Nos. 12-011 and 12-012, which
were filed in this office on July 19, 2012.
Sincerely,
~ ,-` '~1 1
~,
,~'' Jam;
Liz Cloud
Program Administrator
LC/elr
R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 1~
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us