HomeMy WebLinkAbout19-175JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4618993 09/24/2019 10:28:30 AM
OR BOOK 4323 PAGE 852 - 868 Doc Type: RESO
RECORDING: $146.00
RESOLUTION NO. 19-175
A RESOLUTION OF THE ST. LUCIE COUNTY BOARD
OF COUNTY COMMISSIONERS RELATING TO THE
FUNDING OF NUISANCE REMEDIATION AND
PROPERTY CLEANUP SERVICES PROVIDED TO
CERTAIN REAL PROPERTY LOCATED WITHIN THE
PROPERTY 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.
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 hereunder.
"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 property 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, 2019. 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) The public hearing was originally scheduled for September 3, 2019, but
was rescheduled to September 17, 2019 as a result of Hurricane Dorian. The County
provided notice of the rescheduled hearing date in accordance with Emergency Order
Number 19-001 issued by the Florida Department of Revenue on September 3, 2019 (the
"Emergency Order"), the proof of publication for which is included in Appendix A.
(N) Such public hearing has been duly held and comments and objections of
all interested persons have been heard and considered as required by law.
(0) 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.
(P) 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.
(Q) 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.
(R) 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 on or before September 18, 2019. 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 2019 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 by no later than September 19, 2019, as authorized by the Emergency Order,
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.
SECTION 9. EFFECTIVE DATE. This Final Assessment Resolution shall take
effect immediately upon its passage and adoption.
follows:
AFTER MOTION AND SECOND, the vote on this Resolution was as
Chair Linda Bartz AYE
Vice Cathy Townsend AYE
Commissioner Chris Dzadovsky AYE
Commissioner Sean Mitchell AYE
Commissioner Frannie Hutchinson AYE
PASSED AND DULY ADOPTED this 17th day of September, 2019.
ATTEST:
f� .mil
Kill
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Chair
APPROVED AS TO F
CORRECXNE6S:
County
AND
APPENDIX A
PROOF OF PUBLICATION
A-1
Treasure Cow Newspapers
PART OF THE USA TODAY NETWORK
St, Lucie News -Tribune
1939 SE Federal Highway, Stuart, FL 34994
AFFIDAVIT OF PUBLICATION
St Lucie County Planning & Development LEGALS
2300 VIRGINIA AVE
FORT PIERCE, FL 34982-5632
STATE OF WISCONSIN
COUNTY OF BROWN
Before the undersigned authority personally appeared,
Vicky Felty, who on oath says that she is a legal clerk
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 affiantfurther 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.
September 12, 2019
Subscribed an s orn to before on September 16, 2019:
Notary, State of WI, County of Brown
IARA MONDLOCH
Notary PLJhlic
,ataie of Wisconsin
My commission expires August 6, 2021
Publication Cost: $378 00
Ad No: GCI0264421
Customer No: 361844
PO#:
NOTICE OF HEARING
TO IMPOSE AND PROVIDE FOR COLLECTION OF
NON -AD VALOREM SPECIAL ASSESSMENTS
Property Clean-up Special Assessment District
pan Service
undary
H July 2.2015
In accordance with Emergency Order Number 19-001 issued by the Florida Department of Revenue on September
3, 2019, the following public hearing has been rescheduled from September 3, 2019, due to interference by Hurricane
Dorian. Please note the revised public hearing date indicated below.
Notice .is hereby given that .the Board of County Commissioners (the 'Board") of St. Lucie County,. Florida (the
"County") will conduct a public hearing regarding the imposition of special assessments, sometimes referred to its
non -ad valorem assessments, within the Property Clean-up Special Assessment District ("SAD") depicted ;iri the
map above. The assessments will only be imposed upon those parcels within the SAD which have received nuisance
remediation or .lot cleanup services from the County (the "Assessed Parcels") as 0 result of unsafe or unsanitary
conditions on the parcel as provided in section 38-28 of the St. Lucie County Code of Ordinances (the "Lot Cleanup
Ordinance"). At .the conclusion of the pp:.ublic hearing, the Board will consider adoption of an assessment resolution
providing for the imposition of special assessments against the Assessed Parcels and collection of the assessments
by the St. Lucie County Tax Collector. The hearing will be held on Tuesday, September i7, 2019 at 9:00 a.m., or as
sown laercttttu ►s thrr matters. izl ly be. heard, in dic St. Luck-County-Commissuan—Chambers. 2 Virginia-ivenuc;.
Fort Pierce. Roridn. Please enter through the north entrance of the Roger Poitr.m Annex and proceed to [Ile County
Cctiiun ssiou Chambers locatcci on the third floor. All affected Property owners have a right to appear at the hearing
and o rile written objections with the Board before or during the hearing. Then assessment will be: basal, ulxiia the
actual cast iocitrrecl by the County, in, providing the remediation or cleanup services to the Assessed Parcel, together
with it proratit share of any administrative and collection costs Involved with imposing , and .c:ollecling the special
a sc,snients. The etsks nwnts.will be. collected in not more than two annual installments in accordance wish sei:tion
IX-2NO) of the Lot Cleanup Ordinance and Section 107.3032, Florida Statutes. which autitorit es collection or tion-act
�,almem asses ients by tale St. LucreCounty Tatr Collector on the annual projwrty tax hill, Collection is anticipated
tll corn fen« in Novelaiber..1619.. Copies of the Lot Cleanup Ordinance. the; asscssmCrit re:solutiun to be ettitsiderad,
art thc.. ptiblic Iicaiing, and the preliitainary'p-o went roll describing the ANs4ssed. Parcels wend -:the airtount of the
ass,essuunt imposed upon each are available for inspection at the office of the County. Eoginecr. ? ittt) Virgunia Avenue.
Fort Ilerce. Florida.. if you have any tlucstians; Please contact Barbara Guettler of the St. Lucie County Engineering
Uic'ncion at (771) 4A2.3ioo.
ANY PERSON WISHING TO ENSURE THAT AN .ADEQUATE, RECORD OF THE PROCEEDINGS
IS MAINTAINED FOR APPELLATE PURPOSES IS ADVISED TO MAKE THE NECESSARY
ARRANGEMENTS FOR RECORDING AT HIS OR HER OWN EXPENSE. PERSONS WITH DIS ABILI"n S
NLET)I NG ASSISTANCE7"O PARTiCiPATE.IN. ANY OF THESE PROC'EEDINOS SHOULD C ONTAC-T TITE.
ST. LIVIE COUNTY CLERK AT LEAST 48 HOURS IN ADVANCE OFTHE MEETING.
TO be put blisltt l can .` epietnber 12. 2019,
PART OFTHE USATODAYNETWORK
St, Lucie News -Tribune
1939 SE Federal Highway, Stuart, FL 34994
AFFIDAVIT OF PUBLICATION
St Lucie County Bocc Finance Dept.
2300 VIRGINIA AVE
FORT PIERCE, FL 34982-5632
STATE OF WISCONSIN
COUNTY OF BROWN
Before the undersigned authority personally appeared,
Vicky Felty, who on oath says that she is a legal clerk
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.
August 11, 2019
Subscribed and sworn to before on September 16, 2019;
Notary, State of WI, County of Brown
FARA MONDLOCI-I
Notary PUblic:
State of Wisconsin
My commission expires: August 6, 2021
Publication Cost: $378 00
Ad No: GC10245559
Customer No 332494
PO#:
NOTICE OF HEARING
TO IMPOSE AND PROVIDE FOR COLLECTION OF
NON -AD VALOREM SPECIAL ASSESSMENTS
PropeYty Clean-up Special Assessment District
bun Service
undary
ed It,Iy 2. 2015
Notice is hereby given that the Board of County Commissioners (the "Board") of St. Lucie County,
Florida (the "County") will conduct a public hearing regarding the imposition of special assessments,
sometimes referred to as non -ad valorem assessments, within the Property Clean-up Special
Assessment District ("SAD") depicted in the map above. The assessments will only be imposed upon
those parcels within the SAD which have received nuisance remediation or lot cleanup services from
the County (the "Assessed Parcels") as a result of unsafe or unsanitary conditions on the parcel as
provided in section 38-28 of the St. Lucie County Code of Ordinances (the "Lot Cleanup Ordinance").
At the conclusion of the public hearing, the Board will consider adoption of an assessment resolution
providing for the imposition of special assessments against the Assessed Parcels and collection
of the assessments by the St. Lucie County Tax Collector_ The hearing will be held on Tuesday,
September 3, 2019 at 6:00 p.m., or as soon thereafter as the matters may be heard, in the St. Lucie
County Commission Chambers, 2300 Virginia Avenue, Fort Pierce, Florida. Please enter through
the north entrance of the Roger Poitras Annex and proceed to the County Commission Chambers
located on the third floor. All affected property owners have a right to appear at the hearing and to file
written objections with the Board within twenty{20) days of this notice. The assessment will be based -- -
upon the actual cost incurred by the County in providing the remediation or cleanup services to the
Assessed Parcel, together with a pro rata share of any administrative and collection costs involved
with imposing and collecting the special assessments. The assessments will be collected in not
more than two annual installments in accordance with section 38-280) of the Lot Cleanup Ordinance
and Section 197.3632, Florida Statutes, which authorizes collection of non -ad valorem assessments
by the St. Lucie County Tax Collector on the annual property tax bill. Collection is anticipated to
commence in November, 2019. Copies of the Lot Cleanup Ordinance, the assessment resolution to
be considered at the public hearing, and the preliminary assessment roll describing the Assessed
Parcels and the amount of the assessment imposed upon each are available for inspection at the
office of the County Engineer, 2300 Virginia Avenue, Fort Pierce, Florida. If you have any questions,
please contact Barbara Guettler of the St. Lucie County Engineering Division at (772) 462-3500.
ANY PERSON WISHING TO ENSURE THAT AN ADEQUATE RECORD OF THE PROCEEDINGS
IS MAINTAINED FOR APPELLATE PURPOSES IS ADVISED TO MAKE THE NECESSARY
ARRANGEMENTS FOR RECORDING AT HIS OR HER OWN EXPENSE. PERSONS WITH DISABILITIES
NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT
THE ST. LUCIE COUNTY CLERK AT LEAST 48 HOURS IN ADVANCE OF THE MEETING.
rn-Gciozassse-ai
APPENDIX B
AFFIDAVIT OF MAILING
BEFORE ME, personally appeared the undersigned affiant, who after being duly sworn
depose and say:
(1) I am the MSBU Coordinator for the Engineering Division of St. Lucie County,
Florida.
(2) On or before August 12, 2019, I facilitated and directed mailed notice of a public
hearing to be held on September 3, 2019 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 property 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.
Barbara Guettler, affiant
STATE OF FLORIDA
COUNTY OF ST. LUCIE
The foregoing Affidavit of Mailing was sworn to and subscribed before me this 14th day
of August, 2019, by Barbara Guettler. She is personally known to me and did take an oath.
JENNIFER KRAUSE
�,;�';.;•. inted/T ped Name: h f
. ` _ ,NQptary public - State 0(FlOrida
LJCommission M G6185375 Notary Public -State of i ..
`•:!�i, ,� �d!'•' My Comm. Expires Feb 13, 2022 !�
" ' 13
BunciCd through National Notary Assn. Commission Expires: O� I
B-1
APPENDIX C
ASSESSMENT ROLL
Parcel ID
Units
Assessment
341951501030008
1
$585.11
130161101440004
1
$505.32
130161501850005
1
$585.11
341957000440007
1
$585.11
341953001190000
1
$425.53
340260700820004
1
$1,063.83
C-1