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HomeMy WebLinkAbout22-004ORDINANCE 22-004 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA AMENDING ARTICLE VIII OF CHAPTER 40 OF THE ST. LUCIE COUNTY CODE ENTITLED "STORMWATER CULVERT ASSESSMENT PROGRAM" TO REVISE THE PROCESS BY WHICH THE COUNTY IMPOSES SPECIAL ASSESSMENTS TO FUND THE IMPROVEMENT AND REPAIR OF STORMWATER CULVERTS; DIRECTING CODIFICATION OF THE AMENDMENTS APPROVED HEREUNDER; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (the "Board") adopted Ordinance No. 21- 004 on February 23, 2021, which created Article VII of Chapter 40 of the St. Lucie County Code (as codified, the "Culvert Assessment Ordinance"); and WHEREAS, the Culvert Assessment Ordinance established a program pursuant to which eligible property owners can apply for 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, since that time, several property owners have applied for and received funding to improve or repair culverts in accordance with the process set forth therein; and WHEREAS, County staff responsible for administering the program has recommended various amendments to the Culvert Assessment Ordinance to streamline and refine the process by which the culvert assessments are imposed and thereby promote efficient administration for the benefit of the County and property owners who choose to participate in the program; and WHEREAS, this Ordinance is adopted for purposes of amending the Culvert Assessment Ordinance to incorporate such recommendations. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, as follows: SECTION 1. Amendment. Article VIII of Chapter 40 of the St. Lucie County Code is hereby amended as follows: ARTICLE VIII. - CULVERT ASSESSMENT PROGRAM MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 5032795 04/29/2022 03:10:11 PM Words In strike threugl4 type are deletions from existing text. OR BOOK 4817 PAGE 878 - 884 Doc Type: ORDN RECORDING: $61.00 Words in underlined type are additions to existing text. Asterisks (***) indicate existing text not shown. Sec. 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 area means a group of one or more assessed parcels subject to the culvert assessments imposed hereunder. The assessed parcels comprising an assessment area need not be adjacent or contiguous to anv other assessed parcels in such assessment area. 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 comprising an assessment area and 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 by the 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 article 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. culvert a secs eRt 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. PN 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 pmeeedinn f„r appFeval creating an assessment Foil#eF area and imposing culverts assessments against the assessed parcels comprising the assessment area. 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. 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 F.S. §§ 197.3632 and 197.3635, 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. Sec. 40-268. Procedure for imposition and collection of assessment puFsuant W methadculvert assessments. (a) Initial assessment resolution. The initial board shall adopt an initial assessment resolution peFtai^;^ rr to all of the «assessed ^,Feels to establish an assessment area impose culvert assessments therein and approve the assessment roll for such area. The initial assessment resolution shall be considered for adoption following preparation of the assessment roll and the notice and public hearing process set forth herein, provided that such process shall be completed by September 15 of each year for any assessment area for which collection of annual installments is anticipated to start with the property tax bill issued in the following November. The ' '+' I o + eselutioR shall at a minimurn: or as otherwise required by the Uniform Assessment Collection Act other state law or executive order. FeselUtiOR shall be mine ed of teR (3) Schedule a public: he@FiRg at a meetiRg ef the beaFd, whieh meeting shall be a assessment Fell 3 (b) Assessment roll. (1) The assessment coordinator shall prepare a preliminary assessment roll for each assessment area that contains at least the following information: a. A summary description of each parcel of property " $comprising the culvert assessment area; and b. The name of the owner(s) of record of each parcel, as shown on the ad valorem tax roll; and c. The amount of the culvert assessment and the maximum annual installment due in the forthcoming fiscal year; (2) Copies of the preliminary assessment roll shall be on file in the office of the assessment coordinator and open to public inspection. (c) Notice by publication. U on completion of the iRit+al preliminary assessment reselutienroll, the county assessment coordinator 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 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 the final initial assessment resolution and approval of the assessment roll. The published notice shall conform to the requirements set forth in F.S. § 197.3632. (d) Notice by mail. (1) In addition to the published notice required by this section, the seunt�-ssessment coordinator 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 F.S. § 197.3632, and shall be mailed at least 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) Public hearing. At the time named in such notices, or to which an adjournment or continuance may be taken, the board shall conduct the a public 4 hearing+ receive written ebjectiens and heaF testimeny fat a meeting of the board, which meeting shall be a regular, adjourned or special meeting, to hear comments of all interested persons and may then, or at any subsequent meeting of the board, adopt the final initial assessment resolution which shall: (1) Create the assessment area: and (2) Impose and levy the culvert assessments against assessed parcels: and (1)Ge it (3) Describe the schedule for collection of the culvert assessment in annual installments which, medify oF Fepeal unless determined otherwise in the initial assessment resolution with such ameRdment&, if aRy, as m be deemnrl apprepFiate by the shall be over a period of ten years; and {--)L4) Approve the assessment roll, with such amendments as A -the Board deems just and right; and (-35) 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 culvert 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 initial assessment resolution shall constitute the annual assessment resolution for the initial fiscal year. The assessment roll shall be confirmed or amended by the annual 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. A single annual assessment resolution may approve the annual assessment roll for one or more assessment areas. Failure to adopt an annual assessment resolution during the budget adoption process may be cured at any time. (h) Effect of f+4a4—initial assessment resolution. The adoption of the final initial 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 initial assessment resolution. The culvert assessments for each fiscal year shall be established upon adoption of the annual assessment resolution. (i) 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 5 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. (j) 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 F.S. § 197.3635, 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. (1) Lien of culvert assessment. Only the 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 F.S. ch. 197. (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 one percent if the culvert 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. (o) Combined hearings and notices. Any hearing or notice required by this article may be combined with any other hearing or notice required by the County Code or F.S. § 197.3632. SECTION 2. Codification. County staff is hereby authorized and directed to codify, include and publish the provisions 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. SECTION 3. 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 A decision shall in no manner affect the remaining portions or sections of this Ordinance which shall remain in full force and effect. SECTION 4. Effective Date. This Ordinance shall take effect immediately after its adoption. SECTION 5. Adoption. After motion and second, the vote on this ordinance was as follows: Sean Mitchell, Chair AYE Frannie Hutchinson, Vice Chair AYE Chris Dzadovsky, Commissioner AYE Linda Bartz, Commissioner AYE Cathy Townsend, Commissioner AYE PASSED AND DULY ADOPTED by the Board of County Commissioners of St. Lucie County, Florida, this 19th day of April, 2022. ATTEST: 4 ),V& -j4'4'1jA Deputy Clerk ©J�-4(1 coy��� z a m c�vNrX FIOR��r BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: 9. P. x� Chair APPROVED AS TO FORM AND CORRECTkkESS: BY: County Attor ey 7 RON DESANTIS LAUREL M. LEE Governor Secretary of State April 27, 2022 Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attn: Vera Smith Dear Michelle Miller: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 22-004, which was filed in this office on April 27, 2022. Sincerely, Anya Owens Program Administrator ACO/mas R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270