HomeMy WebLinkAbout4155 CE
SPECIAL ASSESSMENT LIENS FOR NUISANCE ABATEMENT AND
PROPERTY MAINTENANCE, ETC.
ORDINANCE NO. 2009-4155
An ordinance of the City Commission of the City of Sanford relating
to special assessments upon real property which requires lot
clearing, real property maintenance or nuisance abatement activities
to be conducted by the City which activities provide for a special
benefit to the real property; providing for actions and efforts by the
City at public expense relating to the maintenance of real property
and nuisance abatement; providing for processes and procedures
relating to the collection of special assessments resulting from City
activities pertaining to the lot clearing, real property maintenance or
and nuisance abatement; providing for legislative findings and intent;
providing for a form of a municipal special assessment lien;
providing for implementing administrative actions; providing for
conflicts; providing for a savings provision; providing for codification
in the City Code; providing for severability and providing for an
effective date.
Whereas, the City Commission of the City of Sanford desires to protect the
public health, safety and welfare of the citizens of the City and maintain a high quality of
life for the citizens of the City; and
Whereas, the City of Sanford from time-to-time accomplishes property
maintenance and nuisance abatement activities on private property which activities
provide a special benefit to the properties on which such activities occur; and
Whereas, it is not fair or equitable for the citizens of the City of Sanford to pay for
City activities benefiting private properties without subsequently being reimbursed for
such activities; and
Whereas, the holdings of various appellate courts of the State of Florida uphold
diverse special assessment programs when the requisite special benefit is provided to
real property; and
Whereas, this Ordinance is enacted pursuant to the home rule powers of the
City of Sanford as set forth at Article VIII, Section 2, of the Constitution of the State of
Florida; Chapter 166, Florida Statutes; and other applicable controlling law.
Now, therefore, be it enacted by the People of the City of Sanford, Florida:
Section 1. Legislative findings and intent. A new section of the City Code of
the City of Sanford is created to read as follows:
(a). The City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance the recitals (whereas clauses) to this Ordinance, the
City staff report and City Commission agenda memorandum relating this Ordinance.
(b). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(c). Although not a land development regulation, this Ordinance is consistent
with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford.
Section 2. Special assessment of costs relating to activities by the City
to abate nuisances on real property. A new section of the City Code of the City of
Sanford is created to read as follows:
(a). A special assessment district is hereby established within the City Limits
of the City of Sanford to provide that special assessments may be assessed against
real property that is maintained by the City under the provisions of the codes and
ordinances of the City if the owner of real property fails to maintain real property as
required in this Code. Such activities for which assessments will relate include, but are
not limited to, lot clearing and nuisance abatement.
(b). If real property is secured by locks or otherwise, the City shall have the
authority to enter said property for purposes of maintaining the property and any
additional costs incurred by the City in gaining access to the property or in re-securing
the real property after property maintenance or nuisance abatement activities shall be
considered assessable expenses of providing maintenance.
(c). Upon completion of the property maintenance or nuisance abatement
activities by the City, the City shall mail an invoice to the real property owner requesting
payment to the City for the actual costs of the completed maintenance or nuisance
abatement in addition to administrative charges and fees in effect at the time of the
mailing of the invoice. The real property owner shall pay the amount of the invoiced
charges within thirty (30) days of the invoice date.
(d). If the real property owner fails to pay the charges within thirty (30) days,
the City shall cause a resolution to be prepared designating the name and address of
the owner, a description of the real property, and the charges to be assessed against
the real property. The resolution shall be presented to the City Commission by the City
Manager and, upon approval of the resolution by the City Commission, the costs stated
in the resolution shall be and constitute a municipal special assessment against the real
property and shall be and remain a lien against the real property with priority over all
other liens, save and except taxes. The assessment shall be payable at the time and in
the manner as stated in such resolution. If not paid, a municipal special assessment lien
document relating specifically to the property shall be recorded in addition to the
recording of the resolution.
(e). Upon completion of the maintenance or nuisance abatement activities and
the approval of the special assessment resolution by the City Commission, the City
2
Manager shall cause to be published a notice directed to the property owners of the real
property benefited by the City's maintenance or nuisance abatement activities which
notice designates a time and place where complaints will be heard with reference to
such special assessments and when such special assessments will be finally approved
and confirmed by the City Commission. A copy of such notice shall be served upon
such real property owners affected thereby, which shall be served by mailing, by
certified or registered mail, a copy of such notice to each of such property owners at the
owner's last known address as same appear on the records of the Seminole County
Property Appraiser.
(f). At the time and place designated in the notice provided in Subsection (e),
the City Commission shall meet as an equalizing board to hear and consider any and all
complaints as to such special assessments and shall adjust and equalize the special
assessments, and when so equalized and approved, such special assessments shall
stand confirmed and be and remain legal, valid and binding liens upon the real property
against which such special assessments are made until paid. If a modification of a
special assessment occurs, a revised resolution and municipal special assessment lien
shall be recorded detailing such modification.
Section 3. Form of municipal special assessment lien. A new section of the
City Code of the City of Sanford is created to read as follows:
The following document, in substantially the following form, shall be used by the
City relative to the establishment of municipal special assessment liens:
Tax and Identification Number:
Prepared by:
Name of Preparer
Address of Preparer
City, State, and Zip Code of Preparer
Return Recorded
Document to:
Name of person to return to
Address of person to return to
City, State, and Zip Code of person to return to
MUNICIPAL SPECIAL ASSESSMENT LIEN FOR SERVICES
PROVIDED TO PROPERTY
WHEREAS,
address is
is/are the
hereinafter described real property located
, Seminole County, Florida, Tax Parcel
whose
mailing
recorded owner or owners of the
at
Identification Number ; and
WHEREAS, pursuant to City of Sanford Ordinance Number XXXX-XX (or codified section
number) City activities relating to (lot clearing/property maintenance/the abatement of public
nuisances/etc.) occurred on said property on ; and
WHEREAS, appropriate notice was provided to the property owner(s) in accordance with the
controlling provisions of law and no action or inadequate action was taken to (lot clearing/property
maintenance/abatement of the nuisance conditions) on said property within the time allotted; and
WHEREAS, the City of Sanford (accomplished such work/maintenance/abated said nuisance(s))
at a cost to the public and in a manner, which specially benefited the subject
on,
property.
WHEREAS, pursuant to the controlling provisions of law, the City of Sanford has calculated and
3
invoiced the costs of the (work/maintenance/abatement) and administrative charges payable to the City
and sent, by certified mail, a copy of the invoice to the property owner(s) on ; and
WHEREAS, the invoice was not paid as of the date of this Municipal Special Assessment Lien;
and
WHEREAS, the City of Sanford finds and determines all conditions precedent to the levying of
this Municipal Special Assessment Lien on the subject real property have been accomplished and that
the sums assessed are fair, equitable, equalized and attributable to the special benefit deriving to the
subject property and its owner(s).
NOW, THEREFORE, the City of Sanford imposes a Municipal Special Assessment Lien as
follows:
1.) In the amount of $ for the costs of (lot
clearing/maintenance/nuisance abatement).
2.) Plus $ for administrative charges.
3.) Total amount of $ and said total sum, is hereby levied
against the following described real property in the City of Sanford,
Seminole County, to wit:
TAX IDENTIFICATION PARCEL NUMBER:
PROPERTY ADDRESS:
LEGAL
DESCRIPTION:
DONE and ORDERED this
day of
,200_.
Mayor or City Manager
City of Sanford
Attest:
City Clerk
Section 4. Implementing Administrative Actions. A new section of the City
Code of the City of Sanford is created to read as follows:
The City Manager, or designee, is hereby authorized and directed to implement
the provisions of this Ordinance and to take any and all necessary administrative
actions to include, but not be limited to, the correction of amounts assessed and similar
matters.
Section 5
Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
Section 6.
Savings.
The prior actions of the City of Sanford relating to the assessment of liens by the
4
City are hereby ratified and affirmed.
Section 7. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
Section 8. Codification.
This Ordinance shall be codified in the City Code of the City of Sanford; provided,
however, that Sections 5, 6, 7, 8 and 9 shall not be codified. The Code Codifier is
granted broad and liberal authority to change section numbers in the current City Code
and other appropriate actions as set forth in Section 1-10 of the City Code.
Section 9. Effective Date.
This Ordinance shall take effect immediately upon passage and adoption.
Passed and adopted this 23rd day of March, 2009.
City Commission of the City of
Sanford, Florida
Seminole County, Florida
~n, M~y;'<h'-
Attest:
~ · iDwfi!!ztr
anet Dougherty, City erk f
Approved as to form and
legality:
#~~
illiam L. Colbert, Esquire
City Attorney
5