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HomeMy WebLinkAbout21-332 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 4924763 09/17/2021 01:05:18 PM OR BOOK 4686 PAGE 484-498 Doc Type:RESO • RECORDING: $129.00 RESOLUTION NO. 21-332 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 1 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, 2021. The owners of such Parcels may avoid the imposition of additional Assessments in the future by correcting any nuisance conditions or violations upon notice thereof provided by the County in accordance with Section 38-28(h) of the Assessment Ordinance. (I) The Board is authorized by the Uniform Assessment Collection Act to levy and collect Assessments, and the Assessment Ordinance established a procedure for the levy and collection of Assessments by the Board for the purpose of funding the costs incurred by the County in providing Remediation Services. (J) The Board hereby finds and determines that the Assessments to be imposed in accordance with this Resolution provide a proper and equitable method of funding the Remediation Services and reasonably apportioning the costs thereof among the Parcels specially benefitted thereby. (K) The Assessment Roll has heretofore been filed at the office of the County Engineer and made available for public inspection. (L) As required by the terms of the Assessment Ordinance and the Uniform Assessment Collection Act, notice of a public hearing has been published and mailed to each affected property owner notifying such property owner of the opportunity to be heard. The proof of publication and an affidavit of mailing are attached hereto as Appendices A and B respectively. (M) A public hearing has been duly held and comments and objections of all interested persons have been heard and considered as required by law. (N) The Assessments contemplated hereunder will be imposed by the Board, not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector under the provisions of this Resolution shall be construed solely as ministerial. (0) The amount of the Assessment imposed against Assessed Property is based upon the actual cost incurred in providing Remediation Services to such Parcels, together with a pro rata share of administrative and collections costs involved with the imposition and collection of the Assessments which is a fair and reasonable method for apportioning the costs of the Remediation Services and the special benefit conveyed thereby among Assessed Property, and bears a reasonable relationship to the cost of providing such services. (P) The special benefits derived from the Remediation Services provided to each Parcel exceed the amount of the Assessments levied and imposed against such Parcel. The Assessment for any Parcel subject thereto does not exceed the proportional benefits that such Parcel will receive compared to any other Parcel. (Q) The Board hereby finds and determines that the Assessments to be imposed in accordance with this Resolution provide an equitable method of funding the Remediation Services by fairly and reasonably allocating the costs associated with the Project among specially benefited property. SECTION 5. IMPOSITION AND LIEN OF ASSESSMENTS. (A) Assessments are hereby imposed against each Parcel included on the Assessment Roll, in the amount set forth therein. The Assessment shall constitute a lien against Assessed Property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. (B) Any existing lien of record for the Assessed Property shall be supplanted by the lien resulting from approval and certification of the Assessment Roll as provided hereunder. Upon certification of the Assessment Roll to the Tax Collector, County staff is authorized and directed to file a release of the lien of record for the Parcels included on the Assessment Roll. SECTION 6. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, a copy of which is attached hereto as Appendix C, is hereby approved. The Assessment Roll shall be retained by the Assessment Coordinator and shall be available for public inspection. The foregoing shall not be construed to require that the Assessment Roll be in printed form if the amount of the Assessment for each Parcel can be determined by use of a computer terminal or internet access available to the public. SECTION 7. COLLECTION OF ASSESSMENTS. The Assessments imposed hereunder may be prepaid at any time prior to September 14, 2021. 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 2021 property tax bill as authorized by the Uniform Assessment Collection Act. The Assessment Coordinator is authorized to cause the certification and delivery of the Assessment Roll to the Tax Collector anytime after such date but prior to September 15, 2021, in the manner prescribed by the Uniform Assessment Collection Act. SECTION 8. EFFECT OF RESOLUTION. The adoption of this Resolution shall be the final adjudication of the issues presented herein (including, but not limited to, the method by which the Assessments are computed and apportioned, the Assessment Roll, and the amount of the Assessment imposed against each Parcel unless proper steps are initiated in a court of competent jurisdiction to secure relief within twenty (20) days from the date of the Board's adoption of this Resolution. [Remainder of Page Intentionally Left Blank] SECTION 9. EFFECTIVE DATE. This Final Assessment Resolution shall take effect immediately upon its passage and adoption. AFTER MOTION AND SECOND, the vote on this Resolution was as follows: Chair Chris Dzadovsky Vice Chair Sean Mitchell A Commissioner Linda Bartz ((` Commissioner Frannie Hutchinson f1 i 11 Commissioner Cathy Townsend (WI e PASSED AND DULY ADOPTED this 7th day of September, 2021. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: Deputy Clerk Chair m y _r'' ctkiNrr F%.016°1' APPROVED AS TO FORM AND CORR CTNESS: County Attorne APPENDIX A PROOF OF PUBLICATION A-1 Newspapers Treasure Coast PART OFTHE USA TODAY NETWORK St. Lucie News-Tribune 1939 SE Federal Highway, Stuart, FL 34994 AFFIDAVIT OF PUBLICATION ST LUCIE COUNTY PLANNING &DEV LEGALS 2300 VIRGINIA AVE FORT PIERCE,, Fl_,34982 ATTN CATHY A STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he 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. 8/17/2021 Subscribed and sworn to before on the 17th day of August,2021 ,iol:iry,State of . County -d irr;tii•. My comml.,i• 5/5a—S Publication Cost:S315.00 Ad No:GC1070386I Customer No:361844 PO4: PUBLIC NOTICE NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON-AD VALOREM SPECIAL ASSESSMENTS L;a (i ' • • • h 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 ("SAO") 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 7,2021 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 38-28(j)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,2021.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. To be published on August 17,2021 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 17, 2021, I facilitated and directed mailed notice of a public hearing to be held on September 7, 2021 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. •SA(AZA._ Barbara Guettler, affiant STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing Affidavit of Mailing was sworn to and subscribed before me this g day o t, 2021, by Barbara Guettler. She is personally known to me and did take an oath. Printed/Typed Name: (SEAL) Notary Public-State of �'zS,e7L -' Commission Expires: { /, 2-0 ? ►►' SUSAN A.COSENTINO , Notary Public-State of Honda I -e1 ,j Commission 4 GG 322063 My Comm.Expires Aug t, 2023 I BonCeo through National Notary Assn. B-I APPENDIX C ASSESSMENT ROLL Pacel ID Units Assessment 130160701000001 1 744.68 130160500180003 1 340.43 340260903890002 1 744.68 341957000440007 1 744.68 341957000440007 1 2819.15 C