HomeMy WebLinkAbout21-004MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4828447 03/08/2021 01:33:11 PM
OR BOOK 4567 PAGE 958 - 967 Doc Type: ORDN
RECORDING: $86.50
ORDINANCE 21-004
AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA CREATING
ARTICLE VIII "STORMWATER CULVERT ASSESSMENT PROGRAM"
OF CHAPTER 40 "SPECIAL DISTRICTS" TO ESTABLISH A PROGRAM
TO FUND THE IMPROVEMENT AND REPAIR OF STORMWATER
CULVERTS THROUGH THE IMPOSITION OF SPECIAL
ASSESSMENTS; PROVIDING THAT PARTICIPATION IN THE
PROGRAM SHALL BE VOLUNTARY AND THAT THE SPECIAL
ASSESSMENTS SHALL BE IMPOSED SOLELY AT THE OPTION AND
REQUEST OF ELIGIBLE PROPERTY OWNERS; ESTABLISHING A
PROCESS BY WHICH PROPERTY OWNERS MAY APPLY FOR
FUNDING AND APPROVAL CRITERIA; PROVIDING THE
PROCEDURE BY WHICH THE SPECIAL ASSESSMENTS SHALL BE
IMPOSED; PROVIDING THAT THE SPECIAL ASSESSMENTS SHALL BE
COLLECTED IN ANNUAL INSTALLMENTS PURSUANT TO THE
UNIFORM COLLECTION METHOD SET FORTH IN SECTION
197.3632, FLORIDA STATUTES; PROVIDING TERMS AND
CONDITIONS ASSOCIATED THEREWITH; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, culverts direct and channel the flow of stormwater under driveways, roads,
sidewalks and other obstructions and are an integral component of proper stormwater
management by preventing hazardous flood conditions on public rights of way and thereby
ensuring safe passage for vehicles and pedestrians during and in the aftermath of rainfall events;
and
WHEREAS, culverts may fail overtime due to maintenance, environmental or installation
issues, failures related to capacity and volume causing the erosion of the soil around or under
them, and structural or material failures that cause culverts to fail due to collapse or corrosion of
the materials from which they are made; and
WHEREAS, culvert failure can lead to localized flooding which may impede safe
conditions of ingress and egress for owners and residents of property in the affected area, the
traveling public, visitors, emergency responders and other public service providers; and
WHEREAS, in many instances culverts are constructed or located to serve as access to
private property such that the culvert is owned by, and the maintenance, improvement and
repair of the culvert is the responsibility of, private property owners; and
WHEREAS, such owners may recognize the potentially dangerous conditions caused by
culvert failure but nonetheless lack the resources or ability to pay for improvements or repairs;
and
WHEREAS, in light of the paramount public purpose served by proper management of
stormwater and the prevention of hazardous flood conditions on public rights of way, the Board
of County Commissioners desires to establish a program pursuant to which eligible property
owners can apply for and receive funding to improve or repair culverts and then repay such
funding through the imposition of a non -ad valorem special assessment against the improved
property, collected in annual installments pursuant to the uniform collection method set forth in
section 197.3632, Florida Statutes; and
WHEREAS, the County is authorized by Article Vlll, Section 1 of the State Constitution and
Sections 125.01 and 197.3632, Florida Statutes, to provide for the imposition and collection of
charges in the form of non -ad valorem special assessments; and
WHEREAS, collection of special assessments pursuant to the uniform method authorized
by Section 197.3632, Florida Statutes, provides for efficiency of collection by virtue of the
assessment being on the tax notice issued by the county tax collector which will produce positive
economic benefits to the County; and
WHEREAS, participation in the culvert improvement program established herein shall be
voluntary, with the special assessments imposed solely upon the request of and at the option of
eligible property owners.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie
County, Florida, as follows:
PART A — Article VIII "Culvert Assessment Program" is created as follows:
SECTION 40-262. Authority. This Ordinance is adopted pursuant to Article VIII,
Section 1 of the Florida Constitution, Chapter 125, Florida Statutes, section 197.3632, Florida
Statutes, and other applicable provisions of law.
SECTION 40-263. Recitals. The recitals set forth above are incorporated herein as
the legislative findings of the Board.
SECTION 40-264. Definitions. As used herein, the following terms shall have the
meanings ascribed thereto by this section unless the context clearly requires otherwise:
"Annual Assessment Resolution" means the resolution approving one or more
Assessment Rolls for a specific Fiscal Year.
"Assessed Parcel" means a parcel of real property subject to a Culvert Assessment.
"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 Roll" means the list of Assessed Parcels subject to the Culvert Assessments
imposed hereunder. References to the term "Assessment Roll" shall include, as the context
requires, any electronic spreadsheet or database maintained by the County containing a list of
Assessed Parcels and the current principal balance imposed against such parcels, as well as the
"non -ad valorem assessment roll" contemplated bythe Uniform Assessment Collection Act which
is certified to the Tax Collector for collection of annual installments of the Culvert Assessments.
"Board" means the Board of County Commissioners of St. Lucie County, Florida.
"Culvert" means a capital improvement comprised of a channel, tunnel or other drainage
feature or structure and related facilities intended to direct the flow of stormwater under, around
or through driveways, roads, sidewalks or other obstructions.
"Culvert Assessment" means a non -ad valorem special assessment imposed by the Board
pursuant to this Ordinance to fund Culvert Improvements. The term "assessment" and the
reference to non -ad valorem assessments herein means those assessments which are not based
upon millage and which can become a lien against a homestead as permitted by Article X, Section
4 of the State Constitution.
"Culvert Improvements" means the capital facilities constructed or installed to improve
and/or repair Culverts.
"Final Assessment Resolution" means the resolution which shall confirm, modify or repeal
the Initial Assessment -Resolution and which shall be the final proceeding for the imposition of a
Culvert Assessment.
"Financing Agreement" means an agreement between the County and the Property
Owner providing for the financing of Culvert Improvements and the imposition of a Culvert
Assessment against an Assessed Parcel.
"Fiscal Year" means the period commencing on October 1 of each year and continuing
through the following September 30, or such other period as may be prescribed by law as the
fiscal year for the County.
"Initial Assessment Resolution" means the resolution which shall be the initial proceeding
for approval of the Assessment Roll for Assessed Parcels.
"Property Appraiser" means the St. Lucie County Property Appraiser.
"Property Owner" means, collectively, all of the record owners of the Assessed Parcel.
"Tax Collector" means the St. Lucie County Tax Collector.
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"Tax Roll" means the list of tax parcels 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 40-265. Application Process; Approval Criteria.
(A) Any property owner who wishes to apply for funding for Culvert Improvements
may submit an application to the Assessment Coordinator. The application shall be in a form
approved by the County Attorney and shall be available in the office of the Assessment
Coordinator.
(B) The application shall include, at a minimum:
(1) A copy of the deed or other instrument showing the applicant's current
ownership of the property.
(2) An estimate for the cost of the Culvert Improvements proposed for the
property, prepared by a licensed and insured contractor, which estimate must be valid for a
period of not less than ninety (90) days from the date the application is submitted.
(3) The most recent statements for any mortgages encumbering the property.
(C) Approval Criteria for Applications. The Assessment Coordinator shall utilize the
following criteria in determining whether an application for financing of Culvert Improvements
shall be approved by the County:
(1) The funding program established herein shall only be available for the
improvement and/or repair of existing Culvert facilities. Culvert Improvements shall not be
financed hereunder for property or facilities under new construction or construction for which a
certificate of occupancy or similar evidence of substantial completion of new construction or
improvement has not been issued.
(2) Existing development on the Assessed Parcel shall be limited to no more
than one single family dwelling or one duplex unit on a single lot of record. The funding program
established hereunder shall not be available for property used for commercial or non-residential
purposes.
(3) All property taxes and any other assessments levied on the same bill as
property taxes for the Assessed Parcel are paid and have not been delinquent for the preceding
3 years or the Property Owner's period of ownership, whichever is less.
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(4) The Assessed Parcel must be located in unincorporated St. Lucie County,
Florida, and the culvert must be for a connection to a roadway maintained by the County.
(5) The Property Owner must have fee simple title to the Assessed Parcel.
(D) The Assessment Coordinator shall review the application and provide written
notice of approval or denial within forty-five (45) days of receipt. If the application is denied, the
written notice shall specify the reason(s) for denial. A written notice of approval shall include
direction to the Property Owner regarding the deadline for returning an executed Financing
Agreement to the Assessment Coordinator.
(E) The Property Owner shall obtain a residential driveway permit from the County
for the proposed Culvert Improvements prior to commencement of work.
SECTION 40-266. Financing Agreement. Property Owners approved for funding
hereunder must enter into a Financing Agreement with the County. The Financing Agreement
shall be in a form approved by the County Attorney, shall be signed by each owner of record for
the Assessed Parcel, and shall include, at a minimum, an acknowledgment by the Property
Owner(s) that a non -ad valorem special assessment will be imposed against the Assessed Parcel
to fund the Culvert Improvements, and that the annual installments of the Culvert Assessment
will be collected pursuant to the Uniform Assessment Collection Act. When the fully executed
Financing Agreement is returned to the Assessment Coordinator, the agreement shall be signed
by the County Administrator on behalf of the County and recorded in the public records.
SECTION 40-267. Disbursement. Upon recording of the Financing Agreement,
funding for the Culvert Improvements shall be disbursed as follows:
(A) The County shall retain an amount not to exceed 5% of the Culvert Assessment to
cover overhead expenses including but not limited to recording fees, credit reports and title
searches. The principal amount of the Culvert Assessment shall include the amount retained.
(B) The balance shall be disbursed by the County directly to the vendor engaged by
the Property Owner to construct or install the Culvert Improvements; provided, however, that
the amount disbursed to the vendor shall not exceed the estimate provided by the vendor and
submitted along with the Property Owner's application for funding.
(C) Construction or installation of Culvert Improvements shall be completed prior to
disbursement of payment of the vendor. Prior to such payment, the Culvert Improvements and
associated driveway shall have passed the pre -pour and final inspection for construction by
County staff.
SECTION 40-268. Procedure for Collection of Assessment Pursuant to Uniform
Method.
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(A) Initial Assessment Resolution. The initial proceeding to provide for collection of
the Culvert Assessment pursuant to the Uniform Assessment Collection Act shall be the Board's
adoption of an Initial Assessment Resolution pertaining to all of the Assessed Parcels for which
collection of annual installments is anticipated to start with the property tax bill issued in the
following November. The Initial Assessment Resolution shall at a minimum:
(1) Describe the Assessed Parcels subject to the Culvert Assessment.
(2) Describe the schedule for collection of the Culvert Assessment in annual
installments which, unless determined otherwise in the Initial Assessment Resolution, shall be
over a period of ten (10) years.
(3) Schedule a public hearing at a meeting of the Board, which meeting shall
be a regular, adjourned or special meeting, at which to hear comments of all interested persons
and to consider adoption of a Final Assessment Resolution approving the Assessment Roll.
(4) Direct the Assessment Coordinator to prepare the Assessment Roll,
publish and mail notice required by section 197.3632, Florida Statutes using information then
available from the Tax Roll maintained by the county property appraiser.
(B) Assessment Roll.
(1) Upon adoption of the Initial Assessment Resolution, the Assessment
Coordinator shall prepare a preliminary Assessment Roll that contains at least the following
information:
a summary description of each parcel of property subject to the
Culvert Assessment;
ii. the name of the owner(s) of record of each parcel, as shown on the
ad valorem Tax Roll;
iii. the amount of the Culvert Assessment and the maximum annual
installment due in the forthcoming Fiscal Year;
(2) Copies of the Initial Assessment Resolution and the preliminary
Assessment Roll shall be on file in the office of the Assessment Coordinator and open to public
inspection.
(C) Notice by Publication. After adoption of the Initial Assessment Resolution, the
County shall publish once in a newspaper of general circulation within the County a notice stating
that at a meeting of the Board on a certain day and hour, not earlier than twenty (20) calendar
days from such publication, which meeting shall be a regular, adjourned or special meeting, the
Board will conduct a public hearing to receive input and objections of all interested persons to
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the Final Assessment Resolution and approval of the Assessment Roll. The published notice shall
conform to the requirements set forth in section 197.3632, Florida Statutes.
(D) Notice by Mail.
(1) In addition to the published notice required by this section, the County
shall provide notice of the public hearing by first class mail to the owner of each parcel of property
subject to the Culvert Assessment. The mailed notice shall conform to the requirements set forth
in section 197.3632, Florida Statutes and shall be mailed at least twenty (20) calendar days prior
to the hearing to each Property Owner at such address as is shown on the Tax Roll on the
twentieth calendar day prior to the date of mailing. Notice shall be deemed mailed upon delivery
thereof to the possession of the U.S. Postal Service.
(2) The notice shall include, among other things, the intent of the County to
collect the Culvert Assessment pursuant to the Uniform Assessment Collection Act.
(3) The Assessment Coordinator may provide proof of such notice by affidavit.
Notwithstanding anything herein to the contrary, notice of the Culvert Assessment may be given
in any manner authorized by law.
(E) Adoption of Final Assessment Resolution. At the time named in such notices, or to
which an adjournment or continuance may be taken, the Board shall conduct the public hearing
to receive written objections and hear testimony of interested persons and may then, or at any
subsequent meeting of the Board, adopt the Final Assessment Resolution which shall:
(1) Confirm, modify or repeal the Initial Assessment Resolution with such
amendments, if any, as may be deemed appropriate by the Board;
(2) Approve the Assessment Roll, with such amendments as it deems just and
right; and
(3) Direct certification and delivery of the Assessment Roll to the county tax
collector no later than September 15 of the current year.
(F) Certification of Assessment Roll. The Assessment Roll shall include Assessed
Parcels subject to the Culvert Assessments. Prior to certifying the Assessment Roll to the Tax
Collector, the Assessment Coordinator shall remove from such roll any parcel for which the
assessment has been paid in full.
(G) Annual Assessment Resolution. The Board may adopt an Annual Assessment
Resolution during its budget adoption process for each Fiscal Year in which Culvert Assessments
are imposed hereunder to approve the annual installment of the Culvert Assessment for such
Fiscal Year. The Final Assessment Resolution shall constitute the Annual Assessment Resolution
for the initial Fiscal Year. The Assessment Roll shall be confirmed or amended by the Annual
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Assessment Resolution to reflect the then applicable annual installment of the Culvert
Assessment. If a Culvert Assessment is imposed hereunder against property not previously
subject thereto, the County shall provide published and mailed notice to the owner of such
property in accordance with this section and conduct a public hearing prior to adoption of the
Annual Assessment Resolution. Failure to adopt an Annual Assessment Resolution during the
budget adoption process may be cured at anytime.
(H) Effect of Final Assessment Resolution. The adoption of the Final Assessment
Resolution shall be the final adjudication of the issues presented (including but not limited to
adoption of the Assessment Roll and the levy of the Culvert Assessments), unless proper steps
are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of
the Board's adoption of the Final Assessment Resolution. The Culvert Assessments for each Fiscal
Year shall be established upon adoption of the Annual Assessment Resolution.
(1) Prepayment. The owners of property subject to a Culvert Assessment imposed
hereunder may, at their option, prepay the assessment in full at any time; provided, however,
that during any period commencing on the date the annual Assessment Roll is certified for
collection to the county tax collector and ending on the next date on which unpaid ad valorem
taxes become delinquent, the County may reduce the amount required to prepay the Culvert
Assessments imposed against any parcel of property by the amount of the assessment certified
for collection with respect to such parcel.
0) Collection of Culvert Assessments. The Culvert Assessments collected pursuant to
this section will be included in the combined notice for ad valorem taxes and non -ad valorem
assessments as provided in section 197.3635, Florida Statues, 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.
(K) Agreement to Reimburse County Property Appraiser and 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 agreement with the county
property appraiser and the county tax collector providing for the reimbursement of their costs
incurred in the administration and collection of the Culvert Assessments.
(L) Lien of Culvert Assessment. Onlythe annual installment of the Culvert Assessment
shall act as a lien against the Assessed Parcel, in the same manner and to the same extent as
unpaid ad valorem property taxes and any other non -ad valorem assessments for the Assessed
Parcel. In the event of payment delinquency, the outstanding balance of the Culvert Assessment
shall not be accelerated, and the sole method of enforcing collection of the delinquent amount
shall be the tax certificate/tax deed process established by Chapter 197, Florida Statutes.
(M) Annual Installments. Each annual installment of the Culvert Assessment shall
include principal and interest at a rate not to exceed (i) the prime rate plus 1% if the Culvert
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Improvements are financed directly by the County, or (ii) the interest rate borne by bonds, notes
or other debt obligations issued by the County for purposes of financing the Culvert
Improvements. The annual installment shall also include administrative and collection costs, fees
and expenses imposed by the Property Appraiser or Tax Collector under the Uniform Assessment
Collection Act, and amounts necessary to account for the early payment discount for ad valorem
property taxes and non -ad valorem assessments.
(N) Reallocation After Future Subdivision. The Initial Assessment Resolution shall
describe the method of reallocating the Culvert Assessment in the event of future subdivision of
the property subject thereto.
(0) Combined Hearings and Notices. Any hearing or notice required by this Ordinance
may be combined with any other hearing or notice required by the County Code or section
197.3632, Florida Statutes.
SECTION 40-269. Program Subject to Funding Availability. The Board shall
determine on an annual basis whether to dedicate funds for the Culvert Improvement program
in the forthcoming Fiscal Year. Funds dedicated for such purpose shall be made available to
Property Owners on a first -come, first -served basis. At the sole discretion of the Board, the
County may issue bonds, notes or other debt obligations secured in whole or in part by Culvert
Assessments.
PART B. Codification. County staff is hereby authorized and directed to codify,
include, and publish the provisions of Part A of this Ordinance within the County Code. The
provisions of this Ordinance may be renumbered or re -lettered and the word "ordinance" may
be changed to "section," "article" or other appropriate word whenever necessary or convenient
to accomplish such codification.
PART C. Severability. In the event that any portion or section of this Ordinance is
determined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such
decision shall in no manner affect the remaining portions or sections of this Ordinance which
shall remain in full force and effect.
PART D. Effective Date. This Ordinance shall take effect upon filing with the
Department of State.
[Remainder of Page Intentionally Left Blank]
161
SECTION 12. Adoption.
After motion and second, the vote on this ordinance was as follows:
Chris Dzadovsky, Chair
AYE
Sean Mitchell, Vice Chair
AYE
Linda Bartz, Commissioner
AYE
Frannie Hutchinson, Commissioner
AYE
Cathy Townsend, Commissioner
AYE
PASSED AND DULY ADOPTED by the Board of County Commissioners of St. Lucie County, Florida,
this 23rd day of February 2021.
ATTEST:
Al, k�- I �,k
Deputy Clerk
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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
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Chair
APPROVED AS TO FORM AND
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BY:
10
PLORIDA DEPARTMENT 0 STATE
r
RON DESANTIS
Governor
March 1, 2021
Ms. Michelle R. Miller
Clerk & Comptroller
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attn: Ms. Vera Smith
Dear Ms. Miller:
LAUREL M. LEE
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. 21-004, which was filed in this office on February 26,
2021.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270