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Ord 10-99 ORDINANCE NO. 10-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 8, ~SPECIAL IMPLEMENTATION PROGRAMS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY REPEALING ARTICLE 8.4, ~PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS", IN ITS ENTIRETY AND ENACTING A NEW ARTICLE 8.4, ~ SPECIAL ASSESSMENTS", TO CLARIFY THE PROCESS OF MAKING SPF,;CIAL ASSESSMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the special assessments are improvements; and City Commission has determined that a valuable funding source for certain WHEREAS, the City Commission has determined that special assessments allow funding for certain improvements to be derived from those property owners benefited from such improvements; and WHEREAS, the City Commission has determined to clarify the process of making special assessments; and WHEREAS, the City Commission has determined that it is in the best interest of the public to make this clarification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 8, ~ Special Implementation Programs" , Article 8.4, ~ Public Improvements and Special Assessments", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby repealed in its entirety, and a new Article 8.4, "Special Assessments", is hereby enacted to read as follows: ARTICLE 8.4 SPECIAL ASSESSMENTS Section 8.4.1 Authority to Make Special Assessments: (A) The City Commission is authorized, in the manner herein provided, to cause the City or its designated agent to construct, install, repair, or otherwise improve any and all of 'I the following: (1) streets, highways, boulevards, avenues, lanes, alleys, or any part thereof, and (2) curbs, medians, gutters, or other such amenities, and (3) any and all foot bridges ways, and sidewalks, or other paths, related trails, travel ( 4 ) associated street lighting, signage, street furniture related amenities, and landscaping, or other (5) on-street or off-street parking facilities or related amenities, and (6) sanitary sewers, storm sewers, sewers, drains, swales or related amenities, and (7) walls as a barrier from public roadways, alleys and other public areas, and (8) seawalls, and (9) canals or other waterways, and (10) mass transportation systems, and (11) water mains, water water systems, amenities, and laterals, alternative and other related (12) parks and related amenities, and (13) any other public improvements heretofore enumerated that the Commission deems appropriate. not City - 2 - Ord. No. 10-99 l I II II I! Ii II II II I: I' ¡i ¡t I' II I' !I I, iI I, Ii Ii II II II II I: Ii Ii Ii Ii II ii Ii :1 Ii Ii ;¡ " I' Ii 'j I II II I! i I I I I I I I 11 II The City Commission is further authorized and empowered to provide for the payment of the whole or any part of the cost thereof by levying and collecting special assessments upon abutting, adjoining and contiguous or other specially benefited property. The amount assessed against the property benefited by improvements authorized by this subsection shall not exceed the estimated benefits accruing to that property by reason of the public impr~vements. In addition to other lawful authority to levy and collect special assessments, the City Commission may levy and collect special assessments to fund capital improvements and municipal services, including, but not limited to, garbage disposal, sewer improvement, street improvement, and parking facilities. The City Commission may apportion costs of such special assessments in accordance with Section 8.4.2. (B) However, parking garages and mass transportation systems shall have the prior approval of affected property owners. If the City is ever in the situation where it is legally obligated for providing capital improvements for water or sewer facilities within an unincorporated area of the county, it may recover the costs of the capital improvements by levying and collecting special assessments for the purposes authorized in this section on the specially benefited property; however, collections of the special assessment shall not take place until the specially benefited property connects to the capital improvement. Section 8.4.2 Method of Making Special Assessments: Special assessments upon the property benefited by any public improvement herein authorized shall be by anyone of the following methods: (A) By foot frontage of the property bounding or abutting upon the improvement. (B) By any other method, including but not limited to each lot, so long as each property shall receive a special benefit from the improvements. - 3 - Ord. No. 10-99 l Section 8.4.3 Resolution of Necessity Required: When the Commission shall determine to make a public improvement, then it shall so declare by resolution, stating the necessity for and the nature of the proposed improvements, the location of the proposed improvements, and what part or portion of the expenses thereof shall be paid by special assessments. The resolution shall also state the total estimated cost of the proposed improvements; the method of payment of assessments; the number of annual installments; the lands upon which the special assessments shall be levied; and the anticipated benefits which shall accrue to such lands from the special assessments. (A) Scope and Conditions of Resolution: (1 ) (2 ) ( 3 ) The resolution required under this section may embrace improvements of like character upon or in more than one highway, and these improvements need not be continuous, but no improvements, except the laying of storm sewers, canals or other open waterways, shall be embraced in any single resolution except such improvements that are related in character or are a part of an integrated plan. The resolution shall designate the boundaries of the district comprising the property which the Commission deems will be specially benefited by the improvement. The grading of sidewalks may be included in the cost of sidewalk construction, and curbing may be included either with street improvement or with sidewalk construction as the resolution may direct. The estimated cost stated in the resolution required under this section shall include an estimate of the cost of preliminary and other surveys, inspection, and superintendence of the work, the preparation of the plans, specifications, and an estimate of the printing and publishing of notices and proceedings, the preparation of Ord. No. 10-99 - 4 - certificates, bonds, and any other expenses necessary or proper, which expenses, except the cost of the work itself, are hereinafter referred to as incidental expenses. (4) The improvements covered by a single resolution may be designated in all proceedings, assessments, or publications by any short or convenient designation, and property against which assessments may be made for the cost of the improvement may be designated as a district followed by a letter or number to distinguish it from other districts. (B) Publication of Resolution: The resolution to be adopted as aforesaid shall be published in a newspaper published in the county, once each week for two consecutive weeks, together with a notice setting forth that the Commission has determined the necessity for the improvements to be made, setting forth the method of assessment to be utilized and setting forth the anticipated benefi ts that the assessed properties will gain from the proposed improvements, according to the plans and specifications of the proposed improvements on file in the office of the City Clerk. (C) Plans and Specifications: At the time of the adoption of the resolution provided for in this section, there shall be on file with the City Clerk an assessment plat showing the area to be assessed, with plans and specifications, and an estimate of the cost of the proposed improvement, which assessment plat, plans, specifications and estimate shall be open to the inspection of the public. - 5 - Ord. No. 10-99 '. -l Section 8.4.4 Preliminary Assessment Roll: Upon the adoption of the resolution aforesaid, the governing authority of the municipality shall cause to be made a preliminary assessment roll in accordance with the method of assessment provided for in said resolution, which assessment roll shall be completed as promptly as possible; said assessment roll shall show the lots and lands assessed and the amount of the benefit to and the assessment against each lot or parcel of land, and, if said assessment is to be paid in installments, the number of a~nual installments in which the assessment is divided shall also be entered and shown upon said assessment roll. Section 8.4.5 Publication of Preliminary Assessment Roll: Upon the completion of said preliminary assessment roll, the City Commission shall by resolution fix a time and place at which the owners of the property to be assessed or any other persons interested therein may appear before the Commission and be heard as to the propriety and advisability of making such improvements, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property so improved. Thirty (30) days notice in writing of such time and place shall be given to such property owners. The notice shall include the amount of the assessment and shall be served by mailing a copy to each of such property owners at his or her last known address, the names and addresses of such property owners to be obtained from the records of the Property Appraiser or from such other sources as the City Clerk deems appropriate, proof of such mailing to be made by the affidavit of the City Clerk, said proof to be filed in the City Clerk's office, provided, that failure to mail said notice or notices shall not invalidate any of the proceedings hereunder. Notice of the time and place of such hearing shall also be given by two publications a week apart in a newspaper of general circulation published in the county; provided that the last publication shall be at least one (1) week prior to the date of the hearing. Said notice shall describe the areas to be improved and advise all persons interested that the description of each property to be assessed and the amount to be assessed to each piece or parcel of the property may be ascertained at the office of the City Clerk. Such service by publication shall be verified by the affidavit of the publisher and filed with the City Clerk. - 6 - Ord. No. 10-99 'I Section 8.4.6 Final Consideration of Special Assessments: The City Commission shall meet and hear testimony from affected property owners as to the propriety and advisability of making the improvements and funding them with special assessments on property. Following the testimony, the City Commission shall make a final decision on whether to levy the special assessments. The City Commission may adjust the special assessments on property on the basis of the benefit received by the property. Notice of the City Commission meeting concerning the Final Consideration of Special Assessments shall be as provided in Section 8.4.5. Section 8.4.7 Priority of Lien; Interest; Method of Payment: The special assessments shall be payable at the time and in the manner stipulated in the resolution providing for the improvement; shall remain liens coequal with the lien of all state, county, district, and municipal taxes, superior in dignity to all other liens, titles, and claims, until paid; shall bear interest, at a rate of eight percent (8%) per year. Section 8.4.8 Legal Proceedings: Each annual installment provided for in Section 8.4.7 shall be paid upon the dates specified in said resolution, with interest upon all deferred payments, until the entire amount of said assessment has been paid, and upon the failure of any property owner to pay any annual installment due, or any part thereof, or any annual interest upon deferred payments, the City shall cause to be brought the necessary legal proceedings to enforce payment thereof with all accrued interest and penalties, together with all legal costs on fees incurred, to be assessed as part of the costs and in the event of default in the payment of any installment of an assessment, or any accrued interest on said assessment, the whole assessment, with the interest and penalties thereon, shall immediately become due and payable and subject to foreclosure. In the foreclosure of any special assessment, service of process against unknown or nonresident defendants may be had by publication, as now provided by law. The foreclosure proceedings shall be prosecuted to a sale and conveyance of the property involved in said proceedings as now provided by law in suits to foreclose mortgages; or, in the al ternati ve, said proceeding may be instituted and prosecuted under Chapter 173 of the Florida Statutes. - 7 - Ord. No. 10-99 'I Section 8.4.9 Provisions Declared Supplementary: The City shall have all the powers, privileges and authorities provided by Florida Statute Chapter 170, as the same for making local improvements, and the same shall be an additional ànd alternative method for making local improvements in the City. Nothing contained herein shall apply to the charging of fees for services and the City retains such power to impose fees for services by ordinance or resolution adopted as required by law. The City also has supplementary authority to impose special assessment liens for the abatement of nuisances in accordance with Chapter 100 of the Code of Ordinances. In addition, the City retains the authority to impose conditions of development and redevelopment, which need not meet the requirements of this chapter. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective upon passage on second and final reading. - 8 - Ord. No. 10-99 'I PASSED AND ADOPTED in regular session on second and final reading on this the 6~ day of April, 1999. ATTEST: R ~'flJll'~!(,(pr J/aIiy City Clerk First Reading March 16, 1999 Second Reading April 6, 1999 - 9 - Ord. No. 10-99 '. (The official copy of Ordinance No. 9-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. There being no one who wished to address the Commission on this item, the public hearing was closed. Mr. Schmidt moved to approve Ordinance No. 9 - 99 on Second and FINAL Reading, seconded by Mr. Wright. Prior to roll call, Mr. Randolph discussed the reasons why he had voted against this ordinance on first reading. He is especially concerned about property owners who have no control over the illegal dumping of garbage and trash on their land, and then they are the ones who end up being penalized. Also, that nuisances which recur in a 12 -month period can be immediately abated. without the necessity to first mail a notice. In some cases this may be appropriate if you are dealing with the people who just don't care, but as a property owner who has had prob- lems with illegal dumping he felt there was too much potential for abuses against property owners who do care but are caught in a Catch-22 situation. Lula Butler, Director of Community Improvement, ac- knowledged Commissioner Randolph's concern. The problem of reoccuring illegal dumping is a serious issue for which there is no easy solution. One thing that staff tries to do is establish personal contact with the property owner, if they are local, before the nuisance is abated. The ordinance is intended to target the absentee owner situations where the City basically maintains the property on an ongoing basis without having to go through due process on every single case. Mrs. Butler pledged that her department will do everything possible to make sure that i~ an owner is local, they will be notified in advance of the City doing any abatement. Mayor Alperin, too, acknowledged Mr. Randolph I s con- cern. He felt, however, that the ordinance should be passed although staff must be very sensitive to the individuals who are being victimized by the illegal dumping and are not responsible for causing the problem. At this point, the roll was called to the motion. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.B. "Special ORDINANCE NO. 10-99: An ordinance amending Chapter 8, Implementation Programs", of the Land Development -15- 4/06/99 Regulations by repealing Article 8.4, "Public Improvements and Special Assessments", in its entirety and enacting a new Article 8.4, "Special Assessments", to clarify the process of making and adopting special assessments. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 10-99: THE ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 8, "SPECIAL IMPLEMENTATION PRO- GRAMS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY REPEALING ARTICLE 8.4, "PUBLIC IMPROVEMENTS AND SPE- CIAL ASSESSMENTS" , IN ITS ENTIRETY AND ENACTING A NEW ARTICLE 8.4, "SPECIAL ASSESS- MENTS", TO CLARIFY THE PROCESS OF MAKING SPE8IAL ASSESSMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No.10-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the,City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. Jean Beer, President, Progressive Residents of Delray, 2145 S.W. 26th Terrace, stated she was disturbed by the inclu- sion of a sentence in the ordinance which would allow the City Commission to levy and collect special assessments for such things as fire protection, emergency medical services and gar- bage disposal. Mrs. Beer questioned why residents are paying property taxes in the City and then could be special assessed for services which are paid for through the regular tax levy. Mrs. Beer strongly obj ected to this provision in the proposed ordinance. Mayor Alperin commented that a circumstance may arise where a neighborhood or development may want special services over and above those which are provided as a matter of course. This provision in the ordinance would allow the City to provide such special services, but they would have to pay more for them through a special assessment district. There being no one else who wished to address the Commission on Ordinance No. 10-99, the public hearing was closed. -16- 4/06/99 'I The City Manager suggested striking 'fire protection and emergency medical services' from the last paragraph on page 2 of Ordinance No. 10-99. The City certainly has no plans or intentions for special assessments for providing those particu- lar services. If we ever did, for some reason, the ordinance could be brought back for revision. It is not needed now and if it is raising concerns needlessly, just strike it out. Mr. Schmidt moved to approve Ordinance No. 10-99 on Second and FINAL Reading, as amended by deleting I fire protec- tion and emergency medical services' in the last paragraph on page 2' of the ordinance. The motion was seconded by Mrs. Ar- cher. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 11. Public Comments and Inauiries on Non-Aaenda Items from the - Immediatelv followinq Public Hearinas. 11.A. City Manaaer's response to prior public comments and inauiries. The City Manager stated there were questions raised at the last meeting about the effect of the changes approved to Chapter 52 of the City Code governing garbage and trash. There was concern about whether the liens that could be assessed might ultimat.ely result in lawsuits and City ownership of affected properties, and concern about the maintenance of City-owned lots. In response, the City Manager stated that the amendments to Chapter 52 provide for assessment of a fee for garbage, trash, debris, bulk items and recycled materials that are placed at curbside on a day other than the scheduled pick up day, and also allows the ability to assess a fee and lien properties if those charges are not paid. Staff is keenly aware of the need to educate residents about the use of the new clamshell truck and the charges that can be assessed against properties that have put things out for pickup on a day other than the regular pickup day. Dissemination of information about the new proce- dures is planned to begin early this month. The intent is to phase in the procedure gradually, with no billing being done until after several notices have been given to affected proper- ties. The City Manager continued that staff is not aware of any case where the City has ever foreclosed on any nuisance abate- ment liens originating from trash removal, lot mowing, abandoned vehicle removal or demolition activities. Further, the City owns very few vacant lots. The concern expressed may be with what is purchased by the CRA and staff will look at this fur- ther. The City does get a few lots each year from the County that have been forfeited for taxes. Those, in turn, are either given to Habitat for Humanity or otherwise made available for construction of new homes. -17- 4/06/99 " MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER ff¡v1 AGENDA ITEM /0/3 - REGULAR MEETING OF APRIL 6, 1999 ORDINANCE NO. 10-99 (SPECIAL ASSESSMENTS) SUBJECT: DATE: MARCH 31, 1999 This is second reading and a public hearing for Ordinance No. 10-99 which repeals Article 8.4, "Public Improvements and Special Assessments", of the Land Development Regulations and replaces it with a new Article 8 . 4 entitled "Special Assessments". The purpose of the amendment is to correct deficiencies in the existing regulations and to clarify the procedures and notification requirements associated with the creation of special assessment districts. The maj or changes included in the ordinance are as follows: (1) The items for which the City may declare a special assessment are expanded to include essentially any public improvement; (2) The type and scope of the resolutions creating the district are clarified; and (3) Due process and notification requirements are established in conformance with applicable state statutes. Approval of processing of installation redevelopment upgrades. the proposed ordinance will facilitate the special assessments which will allow for the of public improvements associated with plans, neighborhood plans and other infrastructure The Planning and Zoning Board considered the text amendment at a public hearing on March 15, 1999, and voted unanimously to recommend approval based on a finding that it is consistent with and furthers the goals, obj ecti ves and policies of the Comprehensive Plan. At first reading on March 16, 1999, the Commission passed Ordinance No. 10-99 by unanimous vote. Recommend approval of Ordinance No. 10-99 on second and final reading. ref:agmemo9 s/cityclerk/agencta99 agmemo9 ~ W/~ t;pt 5-0 'I i i I , II II II I' ,I I; I' Ii Ii ,I Ii Ii I I It II 'I I, I: 'i II :1 II ii II II I: ! i Ii ORDINANCE NO. 10-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 8, "SPECIAL IMPLEMENTATION PROGRAMS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY REPEALING ART I CLE 8 .4 , "PUBLI C IMPROVEMENTS AND SPECIAL ASSESSMENTS", IN ITS ENTIRETY AND ENACTING A NEW ARTICLE 8.4, "SPECIAL ASSESSMENTS", TO CLARIFY THE PROCESS OF MAKING SPECIAL ASSESSMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that special assessments are a valuable funding source for certain improvements; and WHEREAS, the City Commission has determined that special assessments allow funding for certain improvements to be derived from those property owners benefited from such improvements; and WHEREAS, the City Commission has determined to clarify the process of making special assessments; and WHEREAS, the City Commission had determined that it is in the best interest of the public to make this clarification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 8, .. Special Implementation Programs", Article 8.4, "Public Improvements and Special Assessmentsll, of the Land Development Regulations of the City of Delray Beach, Florida, is hereby repealed in its entirety, and a new Article 8.4, "Special Assessments 11 , is hereby enacted to read as follows: ARTICLE 8.4 SPECIAL ASSESSMENTS Section 8.4.1 Authoritv to Make SDecial Assessments: (A) The City Commission is authorized, in the manner herein provided, to cause the City or its designated agent to construct, install, repair, or otherwise improve any and all of the following: (1) streets, highways, boulevards, avenues, lanes, alleys, or any part thereof, and 'I I i I ,I II Ii (2) curbs, medians, gutters, or other such amenities, and trails, foot (3) any and all sidewalks, paths, bridges or other related travel ways, and (4) associated street lighting, landscaping, signage, street furniture or other related amenities, and (5) on- or off-street parking facilities or related amenities, and (6) sani tary sewers, storm sewers, sewers, drains, swales or related amenities, and (7) walls as a barrier from public roadways, alleys and other public areas, and (8) seawalls, and (9) canals or other waterways, and (10) mass transportation systems, and (11) water mains, water laterals, al ternati ve water systems and other related amenities, and (12) parks and related amenities, and (13) any other public improvements not heretofore enumerated that the City Commission deems appropriate. The City Commission is further authorized and empowered to provide for the payment of the whole or any part of the cost thereof by levying and collecting special assessments upon abutting, adjoining and contiguous or other specially benefited property. The amount assessed against the property benefited by improvements authorized by this subsection shall not exceed the estimated benefits accruing to that property by reason of the public improvements. In addition to other lawful authority to levy and collect special assessments, the City Commission may levy and collect special assessments to fund capital improvements and municipal services, including, but not limited to, fire pretection, emt=>,...~pn,..y medical 8ervicoo, garbage disposal, sewer improvement, street improvement, and parking facilities. The City Commission may apportion costs of such special assessments in accordance with Section 8.4.2. - 2 - Ord. No. 10-99 '. II II I I I I (B) However, parking garages and mass transportation systems shall have the prior approval of affected property owners. If the City is ever in the situation where it is legally obligated for providing capital improvements for water or sewer facilities within an unincorporated area of the county, it may recover the costs of the capital improvements by levying and collecting special assessments for the purposes authorized in this section on the specially benefited property; however, collections of the special assessment shall not take place until the specially benefited property connects to the capital improvement. II Section 8.4.2 Method of Makinq SDecial Assessments: I' Ii ! Special assessments upon the property benefited by any I public improvement herein authorized shall be by anyone of the ! following methods: ¡: ¡: II Ii! ,I \i !: " !i I' II I, 'I II II II \, II Ii I I II I I (A) By foot frontage of the property bounding or abutting upon the improvement. (B) By any other method, including but not limited to each lot, so long as each property shall receive a special benefit from the improvements. Section 8.4.3 Resolution of Necessitv Reauired: When the Commission shall determine to make a public improvement, then it shall so declare by resolution, stating the necessity for and the nature of the proposed improvements, the location of the proposed improvements, and what part or portion of the expenses thereof shall be paid by special assessments. The resolution shall also state the total estimated cost of the proposed improvements; the method of paYment of assessments; the number of annual installments; the lands upon which the special assessments shall be levied; and the anticipated benefits which shall accrue to such lands from the special assessments. (A) Scope and Conditions of Resolution: (1) The resolution required under this section may embrace improvements of like character upon or in more than one highway, and these improvements need not be continuous, but no improvements, except the laying of storm sewers, canals or other open waterways, shall be embraced in any single resolution except such improvements that are related in character or are a part of an integrated plan. The resolution shall designate the boundaries of the district comprising the property which the Commission deems will be specially benefited by the improvement. - 3 - Ord. No. 10-99 'I (2) The grading of sidewalks may be included in the cost of sidewalk construction, and curbing may be included either with street improvement or with sidewalk construction as the resolution may direct. {3} The estimated cost stated in the resolution required under this section shall include an estimate of the cost of preliminary and other surveys, inspection, and superintendence of the work, the preparation of the plans, specifications, and an estimate of the printing and publishing of notices and proceedings, the preparation of certificates, bonds, and any other expenses necessary or proper, which expenses, except the cost of the work itself, are hereinafter referred to as incidental expenses. (4) The improvements covered by a single resolution may be designated in all proceedings, assessments, or publications by any short or convenient designation, and property against which assessments may be made for the cost of the improvement may be designated as a district followed by a letter or number to distinguish it from other districts. (B) Publication of Resolution: The resolution to be adopted as aforesaid shall be published in a newspaper published in the County, once each week for two consecutive weeks, together with a notice setting forth that the Commission has determined the necessity for the improvements to be made, setting forth the method of assessment to be utilized and setting forth the anticipated benefits that the assessed properties will gain from the proposed improvements, according to the plans and specifications of the proposed improvements on file in the office of the City Clerk. (C) Plans and Specifications: At the time of the adoption of the resolution provided for in this section, there shall be on file with the City Clerk an assessment plat showing the area to be assessed, with plans and specifications, and an estimate of the cost of the proposed improvement, which assessment plat, plans, specifications and estimate shall be open to the inspection of the public. Section 8.4.4 Preliminary Assessment Roll: Upon the adoption of the resolution aforesaid, the governing authority of the municipality shall cause to be made a preliminary assessment roll in accordance with the method of assessment provided for in said resolution, which assessment roll shall be completed as promptly as possible; said assessment roll shall show the lots and lands asses~ed and the amount of the benefit - 4 - Ord. No. 10-99 '. Ii il II II Ii 'I Ii II Ii to and the assessment against each lot or parcel of land, and, if said assessment is to be paid in installments, the number of annual installments in which the assessment is divided shall also be entered and shown upon said assessment roll. Section 8.4.5 Publication of Preliminary Assessment Roll: I II Upon the completion of said preliminary assessment roll, the City Commission shall ~resolution fix a time and place at which the owners of the property to be assessed or any other persons interested therein may appear before the Commission and be heard as to the propriety and advisability of making such improvements, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property so improved. Thirty days' notice in writing of such time and place shall be given to such property owners. The notice shall include the amount of the assessment and shall be served by mailing a copy to each of such property owners at his or her last known address, the names and addresses of such property owners to be obtained from the records of the property appraiser or from such other sources as the City Clerk deems appropriate, proof of such mailing to be made by the affidavit of the City Clerk, said proof to be filed in the City Clerk's Office, provided, that failure to mail said notice or notices shall not invalidate any of the proceedings hereunder. Notice of the time and place of such hearing shall also be given by two publications a week apart in a newspaper of general circulation published in the County; provided that the last publication shall be at least one (1) week prior to the date of the hearing. Said notice shall describe the areas to be improved and advise all persons interested that the description of each property to be assessed and the amount to be assessed to each piece or parcel of the property may be ascertained at the office of the City Clerk. Such service by publication shall be verified by the affidavit of the publisher and filed with the City Clerk. II I I I Ii Ii II I ii, Section 8.4.6 Final Consideration of Scecial Assessments: The City Commission shall meet and hear testimony from affected property owners as to the propriety and advisability of making the improvements and funding them with special assessments on property. Following the testimony, the City Commission shall make a final decision on whether to levy the special assessments. The City Commission may adjust the special assessments on property on the basis of the benefit received by the property. Notice of the City Commission meeting concerning the Final Consideration of Special Assessments shall be as provided in Section 8.4.5. - 5 - Ord. No. 10-99 II II \1 I' Ii II I: Ii Ii Ii il II I, II Ii ,I Ii 'I I I I I I Section 8.4.7 Priori tv of Lien: Interest: Method of Payment: The special assessments shall be payable at the time and in the manner stipulated in the resolution providing for the improvement; shall remain liens coequal with the lien of all state, county, district, and municipal taxes, superior in dignity to all other liens, titles, and claims, until paid; shall bear interest, at a rate of eight percent (8%) per year. Section 8.4.8 Leqal Proceedinqs: Each annual installment provided for in Section 8.4.7 shall be paid upon the dates specified in said resolution, with interest upon all deferred paYments, until the entire amount of said assessment has been paid, and upon the failure of any property owner to pay any annual installment due, or any part tnereof, or any annual interest upon deferred paYments, the City shall cause to be brought the necessary legal proceedings to enforce payment thereof with all accrued interest and penalties, together with all legal costs on fees incurred, to be assessed as part of the costs and in the event of default in the paYment of any installment of an assessment, or any accrued interest on said assessment, the whole assessment, with the interest and penalties thereon, shall immediately become due and payable and subject to foreclosure. In the foreclosure of any special assessment, service of process against unknown or nonresident defendants may be had by publication, as now provided by law. The foreclosure proceedings shall be prosecuted to a sale and conveyance of the property involved in said proceedings as now provided by law in suits to foreclose mortgages; or, in the alternative, said proceeding may be instituted and prosecuted under Chapter 173 of the Florida Statutes. Section 8.4.9 Provisions Declared SUDDlementary: The City shall have all the powers, privileges and authorities provided by Florida Statute Chapter 170, as the same for making local improvements, and the same shall be an additional and alternative method for making local improvements in the City. Nothing contained herein shall apply to the charging of fees for services and the City retains such power to impose fees for services by ordinance or resolution adopted as required by law. The City also has supplementary authority to impose special assessment liens for the abatement of nuisances in accordance with Chapter 100 of the Code of Ordinances. In addition, the City retains the au~hority to impose conditions of development and redevelopment, WhlCh need not meet the requirements of this chapter. - 6 - Ord. No. 10-99 II I' II I' Ii II ii I I i i i I ,I !I I, il II " Ii I' II II II I, Ii Ii II II I Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1999. MAYOR ATTEST: City Clerk First Reading Second Reading - 7 - Ord. No. 10-99 'I ......#;..:. EIVIORANDUM STAFF REPORT "..<....._-, .."' MEETING OF: MARCH 15, 1999 AGENDA ITEM: IV.G. AMENDMENT TO LDR ARTICLE 8.4 REGARDING SPECIAL ASSESSMENTS The item before the Board is an amendment repealing Article 8.4 "Public Improvements and Special Assessments" and replacing it with a new Article 8.4 "Special Assessments." Pursuant to LOR Section 1.1.6, amendments to the Land Development Regulations require a recommendation by the Planning and Zoning Board. The City recently created a special assessment district to help pay for improvements to the roads in the Woods of South ridge subdivision, During the course of establishing the district the City Attorney's Office noted several deficiencies in the existing ordinance regarding the procedures by which special assessment districts are created. This amendment is being promulgated by the City Attorney's Office in order to clarify the scope of improvements that can be funded through special assessments, the process of creating the district, and notification requirements, The amendment is being processed for the purpose of clarification and correction of existing regulations. The major changes are as follows: [J The items for which the City may declare a special assessment are being expanded to include essentially any public improvement that is desired; [J The type and scope of resolutions creating the district are clarified; and [J Due process and notification requirements are established in conformance with state statutes regarding special assessments, Pursuant to LOR Section 2.4,5(M), approval of an LOR amendment requires a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The Future Land Use Element of the Comp Plan identifies several areas of the City for which redevelopment or neighborhood plans are to be prepared. The recently adopted SeacrestlDel Ida Neighborhood Plan and pending 'I P&Z Board Memorandum Staff Report LOR Amendment re: Special Assessments Page-'2 plans for areas such as North Federal, South ridge (SW 4th Avenue), Osceola Park, etc., call for infrastructure and other improvements to be made in those specific neighborhoods. Many of these improvements will be funded through special assessments. Adoption of the amendment will facilitate the creation and implementation of special assessment districts and the resulting improvement of redevelopment areas, and in that manner will further the Goals, Objectives and Policies of the Comprehensive Plan, By motion, recommend to the City Commission adoption of the amendment to Article 8A of the Land Development Regulations Public Improvements and Special Assessments as attached, based upon a finding that the proposed amendment is consistent with and will further the Goals, Objectives and Policies of the Future Land Use Element of the Comprehensive Plan. Attachments: I:J Memorandum from Assistant City Attorney Brian Shutt o Proposed Ordinance S:Planni/reports/LDRSpecialAssessment 'I [Iiif DF DELRRY BEACH CITY ATTORNEY~S OFFICE DElRAY BEACH ~ fijij! 1993 200 ~\,,' ] 51 AVE~lJE . DELRA Y BEACH, FLORIDA 33444 TELEPHO~.:E 561/:43-709()· FACSIMILE 5611:78-4755 Writer's Direct Line: 5611243-7091 MEMORANDUM DATE: March 4, 1999 TO: Diane Dominguez, Dir~f Planning and Zoning fÌ/~ Brian Shutt, Assistant City Attorney FROM: SUBJECT: Revisions to Special Assessment Chapter Our office has revised Article 8.4 of the Land Development Regulations concermng special assessments, The following is a list of the major changes: * the items that the City may declare a special assessment for is increased to basically provide that the City Commission may declare a special assessment on any improvement * the process is more clearly stated as to what resolutions are required and the scope of the resolutions * due process and publications requirements are set forth to correspond to the current statutory requirements on special assessments These are the major changes to Article 8.4, "Special Assessments". If you have any questions please call, RECEIVED MAR 0 5 1999 PLANi~¡NG & ZONING 'I ße A~ t lIoca Raton News, Friday, MarclI26, .1999 9C . --" ----,~------ --,-- --~-~-~---'------- -~~_._- I .1 - ( 1. .....IF....'IUICII.~ ; ~ IF NU:..... .. PUBlIC HEARING wi! be heIØ oa ~~~~:. ,_ jar-.llni conIInuIIion oIlIICh ~ wI1ich Is III by tile CommIS- lion). In tile Ci1Y ComrnisSIOII ChIm- , tiers, 100 NW. 1S! _ue, Deny 1oacII, Ronda, II whicl1 lime tile City Commission wiD consider _ IdOø- Ion. lite II1IIOSId onIinInCIS!MY be InspKIed II tile 0Ifiœ of tile City CIeI1< II City Hall, 100 N.W. 1 st _ue. Dol- my BelCh, Florida. _ tile hours 01 8:00 a.m. and 5:00 p.m.. Monday thrOugh Friday, ÞœÐt holidays. All InIIrested parties 1ft invIIod to lllen<! and be hIIWI! with ....-:t III tile pro- paeed on!tIIances. GIIDIIMIŒ 110. .. AN ORDINANCE Of 11£ CITY COM· MISSION Of TIE CITY Of DELRAY BEACH. flORIDA. AMENDING THE CODE OF ORDINANCES BY AMEND· ING CHAPT<R 100, "NUISANCES". SU8HEADING "GENERAL PROVI· SlONS", SECTION 100.01, "fX15- 1ENCE Of WEEDS, lMSH AND VEGETATION UPON lAM)S PROHt&- ITED· SUBSECTION 100.01(D}, iO PROVIDE ClARlACATION Of '11£ TERMS 'lOT, 'PARCEl: AND 'TRACT'; BY AMENDING SUBHEAD· ING -ABATEMENT PROCEDURES·, BY REPEALING SECTION 100.21, "NOTICE Of VIOlATION REQUIRED·, AND ENACTING A NEW SECTION 10021. "NOTICE Of PUBLIC NU~ SANCE REQUIRED". TO PROVIDE fOR METHODS Of SERVICE Of NOTICES, COUIlTY COURT ClTA· TfONS AND NOTICES iO APÆAR; BY REPEALING SECTION 100.22. "CONTENT AND FORM Of NOTICE Of PUBUC NUISANCE". iO PRO- VIDE FOR A COMPLIANCE PERIOD, ASSESSMENT Of COS'TS, ABATE· MENT Of NUISANCES REtURRING WITMIN A 12-MON'1H PERIOD WITHOUT PRIOR NOTICE AT THE OWNER'S EXPENSE, APPELlATE PROCEDURES. AND APPROVAl Of NOTICE FORM AND CONmlT BY ~ CITY ATTORNEY; BY REPEAL" IIG SECTION 100.23, "HEARING", AND ENACTING ANfW SECTION 100.23, "IJOTICE Of RECURRING MJISANCE ABATEMENT REQUIRED; CONItNT Of NOTICE DEflNmON fE RECURRING NUISANCE. APPEL· I lATE PROCEDURES, COST ASSESS- \ lENT AND APROVAl Of NOTICE . JiORM AND CQN11:NT BY TIE CITY mORNE.Y; BY REPEALING SEe- \ 110lIl 10024, "ABATEMENT BY TIE CITY". iO PROVIDE FOR INCREASES \ .NiI) DECREASES IN COSTS AND . ALTERNATM ABATEMENT PROCE· DURES; BY AMENDING SECTION ;:.tC1Q.25 "AMlEMENT BID PROCE· 1 OUREŠ·. to PROVIDE FOR SECUR" ING BIDS EVERY 1WO YEARS FOR IlERVlCES TO ABA'll: NUISANCES; NIO\IIIING A GENERAl. REPEALER \ :ØLJiISE, A SAVING Q.AUSE, AND AN 1!:FR'C1M DATE. '. -....œ 110. .. I AN ORDINANCE Of 11£ CITY COM- " MISSION Of TIE CITY Of DEUlAY oIEACH, FlORIDA. AMENDING CHAP- TER 8. "SPECIAl tMPIBIENTATION PROGRAMS", Of THE LAND DEVEl· OPMENT REGUlATIONS Of TIE CITY Of DEl..RAY BEliCH. BY REPEAUNG MT1CI.f8.4, " "PIaIC IIIPRINEMENTS AND SÆ- CIAL ASSESSMENTS". IN rrs 9IT1RE· 1Y AND ENACTING A NEW ARTIClf 8A, "SPECIAl ASSESSMENTS", to Q.AR1fY M PROCESS Of MAKJMJ SPECIAl ASSESSMENTS; PROI/IOING A SAVING ClAUSE, A GENERAl Æl'EALER Q.AUSE, AND N EffB). 1M DATE. ..... be 1II\IiIIId...1. ...... __ to I11P111II1Y dIe:isiDn IIWIe lilt lie ~ CanmsiIon wIh IWII*IIII 1I1Y~~""'-- =-.-=-~==" =n ewidInœ ¡.,on which lie is 10 be _.lIte ~ does "IIOIIIde nor prapn IUCIIIICIIIII. #Inud III F.$. 286.0105. CITV Of DEl..RAY BeACH Mm~= c:"~"':'_-_M . Ad 'l7634 - ( 'I ¡)J( ~. FROM: DAVID T. HARDEN, CITY MANAGER C~ W DIANE DOMINGUEZ, PLANNING AND ~~IRE~\j~ MEETING OF MARCH 16,1999 LDR AMENDMENT RE: SPECIAL ASSESSMENTS TO: SUBJECT: The subject amendment repeals Article 8.4 of the Land Development Regulations (LOR), "Public Improvements and Special Assessments" and replaces it with a new Article 8.4 entitled "Special Assessments," The purpose of the amendment, which was prepared by the City Attorney's Office, is to correct deficiencies in the existing regulations and to clarify the procedures and notification requirements associated with the creation of special assessment districts. The major changes included in the ordinance are as follows: !J The items for which the City may declare a special assessment are being expanded to include essentially any public improvement; !J The type and scope of the resolutions creating the district are clarified; and o Due process and notification requirements are established in conformance with applicable state statutes. Approval of the amendment will facilitate the processing of special assessments, which will allow for the installation of public improvements associated with redevelopment plans, neighborhood plans, and other infrastructure upgrades, Pursuant to LOR Section 2.4.5 (M), Amendment to the LDRs. a positive finding can be made that this amendment is consistent with and furthers the goals, objectives, and policies of the Comprehensive Plan. The Planning and Zoning Board will consider this item at its meeting of March 15, 1999. The Board's recommendation will be reported to the City Commission at the March 16th meeting. By motion, approve the attached ordinance repealing LOR Article 8.4 "Public Improvements and Special Assessments" and replacing it with a new Article 8.4 entitled "Special Assessments," pursuant to the findings and recommendation of the Planning and Zoning Board. Attachment: !J Copy of Ordinance f~ ¡Sl' ~ :5-0 <3/10/99 /~.g. 'I 03.16 99 TUE 10:00 FAX 561 278 4755 DEL BCH CTY ATTY 141001 ~~~ CITY HALL [IT' OF DELHAY BEA[H CITY AnORNEY'S OFFICE DELR¡\Y BEACH ~ tAmerica Ci1 'lit 1 ') ll.·~ 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243·7090 . FACSIMILE 561/278-4755 FAX TRANSMITTAL LETTER DATE: March 16. 1999 TO: Alison Harty. City Clerk FROM: Brian Shutt, Esq, PAGES: 3 CITY ATTORNEY'S OFFICE CITY OF DELRA Y BEACH, FLORIDA IF ANY OF THE PAGES ARE NOT CLEARLY RECEIVED. PLEASE CALL (561) 243-7090 IMMEDIATELY. COMMENTS: The attached is per our phone conversation. -- Brian 'I IJ.'~.1t) ~~UE 111:01 FAX 561 ZiS 4i55 DEL BCH CTY ATTY ~~~ CITY HALL 141002 ORDINANCE NO. - 99 AN ORDINANCE OF THE ·CITY C01Yl1\fISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, AMENDING CHAPTER 8. "SPECIAL IMPLEMENTATION PROGRAMS". BY REPEALING ARTICLE 8.4. "PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS", AND CREATING A NEW ARTICLE 8.4 "SPECIAL ASSESSMENTS". OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH. TO CLARIFY THE PROCESS OF MAKING SPECIAL ASSESSMENTS; PROVIDING A SAVING CLAUSE. A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, ùle City Commission has determined that special assessments are a valuable funding source for certain improvements; and WHEREAS, me City Commission has detemlÌlled that special assessmeDts allow funding for cenain improvements to be derived from those property owners benefited from such improvements; and WHEREAS, d1e City Commission has determined to clarify the process of making special assessments; and WHEREAS, the City Commission has determined that it is in the best interest of the publì( fo make this clarificatìon. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA AS FOLLOWS: Section 1. That Chapter 8, 'I Special Implementation Programs" . Article 8.4, "Public Improvements and Special Assessments", of (he Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida is hereby repealed in it.<; entirety ånd a new Article 8.4. "Special Assessments" is enacted to read as fol1ows: ARTICLE 8.4 SPECIAL ASSESSMENTS Section 8.4.1 Authority to Make Special Assessments: (A) The City Conli11Íssion is authorized. in the Dlamler herein provided, to cause dle city or its designated agent to construct, insta.ll, repair. or otherwise improve any and all of the following: (1) streets, highways, boulevards. avenues, la.nes, alleys, or any pan thereof. and (2) curbs, medians, gutters, or other such amenities, and 'I 11;\ 115 99 TeE 10:01 FAX 561 2iS 4i55 ~ G> ~ v.. --=-"". ""' -:> J " -vc.5 ev DEL BCH CTY ATTY I4J 003 ...·H CITY HALL (3) any and all sidewalks, paths, trails, foot bridges or other related travel ways, and (4) associated street lighting, landscaping, slgnage, street furnirure or other related amenities, and (5) on- or off- street parking facilities or related amenities, and (6) sanitary sewers, storm sewers, sewers. drains, swales or related amenities, and (7) walls as a barrier from public roadways, alleys and other public areas, and (8) seawalls, and (9) canals or other waterways, and (10) mass transportation systems, and (11) water mains, water laterals, alternative water systems and other related amenities, and (12) parks and related amenities, and (13) any other public improvements not heretofore enumerated that the City Commission deems appropriate. The City Commission is further authorized and empowered to provide for the payment of ùle whole or any pan of the cost thereof by levying and collecting special assessments upon abutting, adjoining and contiguous or other specially benefited property. The amount assessed against the property benefited by improvements authorized by this subsection shall not exceed the estimated heneíÏts accruing to that prope11y by reason of the public irnprovements. In addition to other lawful authority to levy and collect special assessments, the City Commission may levy and collect special assessments to fund capital improvements and municipal services. including, but not limited to, fire protection, emergency medical services, garbage disposal, sewer improvement, street improvement, and parking facilities. The City Commission may apportion costs of such special assessments in accordance with Section 8.4.2. (B) However, parking garages and mass transportation systems shall have the prior approval of affected property owners, If the City is ever in the situation where it is legally obligated for providing capital improvements for water or sewer faci1iries within an uninc0ll.)orated area of the county, it may recover the costs of the capital improvements by levying and collecting special assessments for the purposes authorized in this section on the specially benetited property; however, collections of the special assessment shall not take place until the specially benefited propeny connects to the capital improvement. .., ~ ORD. NO. - 99 'I ?~~ [IT' DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090· FACSIMILE 561/278-4755 Writer's Direct Lme: (561) 243-1091 DELRAY BEACH ~ AI~America City , t III! DATE: MEMORANDUM February 18, 1999 1993 TO: City Commission __ ~~ R. Brian Shutt, Assistant City Attorney FROM: SUBJECT: Clarification of Special Assessment Ordinance The proposed changes to Land Development Regulation Section 8.4, "Special Assessments", are needed to clarify the process of making and adopting special assessments, The proposed ordinance provides for the authority of the City to make special assessments as well as the public notice requirements. The proposed ordinance provides for the adoption and publication of a resolution of necessity; the adoption and publication of a preliminary assessment role; the adoption and publication of the resolution declaring the assessments final; the method of payment of the special assessment; the priority of a special assessment lien; and, that the provisions listed in Florida Statute Section 170 are supplementary to these provisions. By copy of this memorandum to David Harden, City Manager, our office requests that this item be placed on the March 2, 1999 City Commission agenda. Please call if you have any questions, Attachments cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk 1?emoU£D /l:øm -3/9/99 lì9é/JoR- !o lest ,t¡ ß;ð-l- ~ /0 N:2 ßo~ t.G J:eol'M ~,dt'd/ll/11b1¿JAT70¡Ù - /~·e· ORDINANCE NO. 10 - 99 /lLJ£W'ýS ft.P~'.., AN ORDINANCE OF THE CITY CO MISSION OF THE CITY OF DELRA Y BEACH, FLORID AMENDING CHAPTER 8, "SPECIAL IMPLEMENTATION ", BY REPEALING ARTICLE 8.4, "PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS", AND CREATING A NEW ARTICLE 8.4 "SPECIAL ASSESSMENTS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO CLARIFY THE PROCESS OF MAKING SPECIAL ASSESSMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that special assessments are a valuable funding source for certain improvements; and WHEREAS, the City Commission has determined that special assessments allow funding for certain improvements to be derived from those property owners benefited from such improvements; and WHEREAS, the City Commission has determined to clarify the process of making special assessments; and WHEREAS, the City Commission has determined that it is in the best interest of the public to make this clarification. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA AS FOLLOWS: f~~ Section 1. That Chapter 8, "Special Implementation Problems", Article 8.4, "Public Improvements and Special Assessments", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida is hereby repealed in its entirety and a new Article 8.4, "Special Assessments" is enacted to read as follows: ARTICLE 8.4 SPECIAL ASSESSMENTS Section 8.4.1 Authority to Make Special Assessments: (A) The City Commission is authorized, in the manner herein provided, to cause the city or its designated agent to construct, install, repair, or otherwise improve any and all of the following: (1) streets, highways, boulevards, avenues, lanes, alleys, or any part thereof, and (2) curbs, medians, gutters, or other such amenities, and (3) any and all sidewalks, paths, trails, foot bridges or other related travel ways, and (4) associated street lighting, landscaping, signage, street furniture or other related amenities, and (5) on- or off- street parking facilities or related amenities, and (6) sanitary sewers, storm sewers, sewers, drains, swales or related amenities, and (7) walls as a barrier from public roadways, alleys and other public areas, and (8) seawalls, and (9) canals or other waterways, and (10) mass transportation systems, and (11) water mains, water laterals, alternative water systems and other related amenities, and (12) parks and related amenities, and (13) any other public improvements not heretofore enumerated that the City Commission deems appropriate, The City Commission is further authorized and empowered to provide for the payment of the whole or any part of the cost thereof by levying and collecting special assessments upon abutting, ~ adjoining and contiguous or other specially benefited property. The amount assessed against the property benefited by improvements authorized by this subsection shall not exceed the estimated ~its accruing to that property by reason of the public improvements, ~~~. (B) However, parking garages and mass transportation systems shall have the prior ~ approval of affected property owners, If the City is ever in the situation where it is legally obligated for providing capital improvements for water or sewer facilities within an unincorporated area of the county, it may recover the costs of the capital improvements by levying and collecting special assessments for the purposes authorized in this section on the specially benefited property; however, collections of the special assessment shall not take place until the specially benefited property connects to the capital improvement. ----- . f k· . A SectIon 8.4.2 Method 0 Ma mg SpecIal ssessments: Special assessments upon the property benefited by any public improvement herein authorized shall be by anyone of the following methods: (1) By foot frontage of the property bounding or abutting upon the improvement. 2 ORD. NO. 10 - 99 (2) By any other method, including but not limited to each lot, so long as each property shall receive a special benefit from the improvements. Section 8.4.3 Resolution of Necessity Required: When the Commission shall determine to make a public improvement, then it shall so declare by resolution, stating the necessity for and the nature of the proposed improvements, the location of the proposed improvements, and what part or portion of the expenses thereof shall be paid by special assessments, The resolution shall also state the total estimated cost of the proposed improvements; the method of payment of assessments; the number of annual installments; the lands upon which the special assessments shall be levied; and the anticipated benefits which shall accrue to such lands from the special assessments. (A) Scope and Conditions of Resolution: (1) The resolution required under this section may embrace improvements of like character upon or in more than one highway, and these improvements need not be continuous, but no improvements, except the laying of storm sewers, canals or other open waterways, shall be embraced in any single resolution except such improvements that are related in character or are a part of an integrated plan. The resolution shall designate the boundaries of the district comprising the property which the Commission deems will be specially benefited by the improvement. (2) The grading of sidewalks may be included in the cost of sidewalk construction, and curbing may be included either with street improvement or with sidewalk construction as the resolution may direct. (3) The estimated cost stated in the resolution required under this section shall include an estimate of the cost of preliminary and other surveys, inspection, and superintendence of the work, the preparation of the plans, specifications, and an estimate of the printing and publishing of notices and proceedings, the preparation of certificates, bonds, and any other expenses necessary or proper, which expenses, except the cost of the work itself, are hereinafter referred to as incidental expenses. (4) The improvements covered by a single resolution may be designated in all proceedings, assessments, or publications by any short or convenient designation, and property against which assessments may be made for the cost of the improvement may be designated as a district followed by a letter or number or name to distinguish it from other districts. (B) Publication of Resolution: The resolution to be adopted as aforesaid shall be published in a newspaper published in the County, once each week for two consecutive weeks, together with a notice setting forth that the Commission has determined the necessity for the improvements to be made, setting forth the method of assessment to be utilized and setting forth the anticipated benefits that the assessed properties will gain from the proposed improvements, according to the plans and specifications of the proposed improvements on file in the office of the City Clerk. 3 ORD, NO. 10 - 99 (C) Plans and Specifications: At the time of the adoption of the resolution provided for in this Section, there shall be on file with the City Clerk an assessment plat showing the area to be assessed, with plans and specifications, and an estimate of the cost of the proposed improvement, which assessment plat, plans, specifications and estimate shall be open to the inspection of the public. Section 8.4.4 Preliminary Assessment Roll: Preliminary Assessment Roll: Upon the adoption of the resolution aforesaid, the governing authority of the municipality shall cause to be made a preliminary assessment roll in accordance with the method of assessment provided for in said resolution, which assessment roll shall be completed as promptly as possible; said assessment roll shall show the lots and lands assessed and the amount of the benefit to and the assessment against each lot or parcel of land, and, if said assessment is to be paid in installments, the number of annual installments in which the assessment is divided shall also be entered and shown upon said assessment roll. Section 8.4.5 Publication of Preliminary Assessment Roll: Publication of Preliminary Assessment Roll: Upon the completion of said preliminary assessment roll, the City Commission shall by resolution fix a time and place at which the owners of the property to be assessed or any other persons interested therein may appear before the Commission and be heard as to the propriety and advisability of making such improvements, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property so improved. Thirty days' notice in writing of such time and place shall be given to such property owners, The notice shall include the amount of the assessment and shall be served by mailing a copy to each of such property owners at his or her last known address, the names and addresses of such property owners to be obtained from the records of the property appraiser or from such other sources as the City Clerk deems appropriate, proof of such mailing to be made by the affidavit of the City Clerk, said proof to be filed in the City Clerk's Office, provided, that failure to mail said notice or notices shall not invalidate any of the proceedings hereunder. Notice of the time and place of such hearing shall also be given by two publications a week apart in a newspaper of general circulation published in the County; provided that the last publication shall be at least 1 week prior to the date of the hearing. Said notice shall describe the areas to be improved and advise all persons interested that the description of each property to be assessed and the amount to be assessed to each piece or parcel of the property may be ascertained at the office of the City Clerk. Such service by publication shall be verified by the affidavit of the publisher and filed with the City Clerk. Section 8.4.6 Final Consideration of Special Assessments: The City Commission shall meet and hear testimony from affected property owners as to the propriety and advisability of making the improvements and funding them with special assessments on property, Following the testimony, the City Commission shall make a final decision on whether to levy the special assessments. The City Commission may adjust the special assessments on property on the basis of the benefit received by the property. Notice of the City Commission 4 ORD. NO. 10 - 99 meeting concerning the Final Consideration of Special Assessments shall be as provided in Section 8.4.5. Section 8.4.7 Priority of Lien; Interest; and Method of Payment: The special assessments shall be payable at the time and in the manner stipulated in the resolution providing for the improvement; shall remain liens coequal with the lien of all state, county, district, and municipal taxes, superior in dignity to all other liens, titles, and claims, until paid; shall bear interest, at a rate of eight percent (8%) per year. Section 8.4.8 Legal Proceedings: Each annual installment provided for in Section 8.4,7 shall be paid upon the dates specified in said resolution, with interest upon all deferred payments, until the entire amount of said assessment has been paid, and upon the failure of any property owner to pay any annual installment due, or any part thereof, or any annual interest upon deferred payments, the City shall cause to be brought the necessary legal proceedings to enforce payment thereof with all accrued interest and penalties, together with all legal costs on fees incurred, to be assessed as part of the costs and in the event of default in the payment of any installment of an assessment, or any accrued interest on said assessment, the whole assessment, with the interest and penalties thereon, shall immediately become due and payable and subject to foreclosure. In the foreclosure of any special assessment service of process against unknown or nonresident defendants may be had by publication, as now provided by law. The foreclosure proceedings shall be prosecuted to a sale and conveyance of the property involved in said proceedings as now provided by law in suits to foreclose mortgages; or, in the alternative, said proceeding may be instituted and prosecuted under Chapter 173 of the Florida Statutes. Section 8.4.9 Provisions Declared Supplementary: The City shall have all the powers, privileges and authorities provided by Florida Statute Chapter 170, as the same for making local improvements, and the same shall be an additional and alternative method for making local improvements in the City. Nothing contained herein shall apply to the charging of fees for services and the City retains such power to impose fees for services by ordinance or resolution adopted as required by law, The City also has supplementary authority to impose special assessment liens for the abatement of nuisances in accordance with Chapter 100 of the Code of Ordinances. In addition, the City retains the authority to impose conditions of development and redevelopment, which, need not meet the requirements of this Chapter. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid, 5 ORD, NO. 10 - 99 Section 3, hereby repealed. Section 4. reading, That all ordinances or parts of ordinances in conflict herewith be, and the same are That this ordinance shall become effective upon its passage on second and final PASSED AND ADOPTED III regular seSSIOn on second and final reading on this the day of , 1999. ATTEST: MAYOR City Clerk First Reading Second Reading 6 ORD. NO. 10 - 99