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35-93 ORDINANCE NO. 35-93 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 SECTION 8.4.16, "STORMWATER MANAGEMENT ASSESSMENTS", AND BY AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 56, "STORMWATER", SECTION 56.19, "STORMWATER MANAGEMENT ASSESSMENT LIEN", BY RENAMING THE SECTION "STORMWATER ASSESSMENT LIENS; ENFORCEMENT", BY AMENDING SECTION 56.19(A) TO PROVIDE FOR ENFORCEMENT OF DELINQUENT. LIENS, BY AMENDING SECTION 56.21, "INTERIM METHOD OF COLLECTION", AND BY AMENDING SECTION 56.22, "UNIFORM METHOD OF COLLECTION", BY ADDING SUBSECTIONS E, F AND G TO PROVIDE FOR THE PAYMENT AND COLLECTION OF STORMWATER MANAGEMENT ASSESSMENTS UNDER THE INTERIM AND UNIFORM METHODS OF COLLECTION, RESPECTIVELY, BY ENACTING A NEW SECTION 56.23, "STORMWATER ASSESSMENT PROCESS", TO PROVIDE FOR A PUBLIC HEARING FOR THE PURPOSE OF ESTABLISHING A BUDGET, ADOPTING RATES AND FOR THE PREPARATION, CERTIFICATION AND ADOPTION OF A STORMWATER ASSESSMENT ROLL, AND TO PROVIDE THAT INDIVIDUAL NOTICES TO PROPERTY OWNERS ARE NOT REQUIRED EXCEPT IN INSTANCES WHERE IT IS MANDATED BY STATE LAW, AND BY RENUMBERING FORMER SECTIONS 56.23, 56.24, 56.25; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach codified certain sections of the stormwater assessment process in the Land Development Regulations (LDRs) of the Code of Ordinances of the City of Delray Beach; and, WHEREAS, the City of Delray Beach desires to repeal Section 8.4.16 of the LDR's and recodify in part those sections in Chapter 56, "Stormwater", to provide for uniformity wherein all Stormwater Assessment Ordinances are contained in the same chapter of the City's Code of Ordinances; and, WHEREAS, the City Commission of the City of Delray Beach desires to re-establish the public hearing process to initiate the budget, rates, assessment roll and certification and adoption thereof as it pertains to the Stormwater Management Assessment; and, WHEREAS, the City Commission desires to provide individual notices to property owners (other than notices sent by the Tax Collector pursuant to Fla. Stat. 197.3635) only in those circumstances required by Florida Statute Section 197.3632(4). 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", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by repealing Section 8.4.16, "Stormwater Management Assessments", in its entirety and recodifying certain repealed provisions as set forth herein. Section 2. That Chapter 56, "Stormwater", is hereby amended by amending Section 56.19, "Stormwater Management Assessment Lien", to read as follows: 56.19 Stormwater Management Assessment Lien~; Enforcement. (A) All stormwater management assessments assessed pursuant to this chapter shall be a lien upon the property to which such assessment relates from the first day of the year for which said assessment is imposed until such assessment is paid. The owner of every building, premises, lot or house shall be obligated to pay the stormwater management assessments~ ~ ~l~~lm~l~l~f~l~ ~/~/£~~/6f//~6f~~ All delinquent Stormwater Management Assessment liens may be enforced at any time by the City at least thirty (30) days subsequent to the date of the service of the notice of lien for the amount due under such recorded liens, including all interest charges, plus costs and a reasonable attorney's fee by a proceeding in a court of law or equity to enforce or foreclose such liens in the manner in which a mortgage lien is foreclosed under the laws of Florida, or the 'collection and enforcement of payment thereof may be accomplished by any other method authorized by law. It shall be lawful to join in any complaint or foreclosure or any legal proceedings, any one or more lots or parcels of land tha% is the subject of a lien or liens. I~/~/~g~ ~/~~/~~/f~/f~/~//~I~~ In the case where a tenant in possession of any premises or buildings shall pay said assessment, it shall relieve the land owner from such obligation and lien; but the city shall not be required to look to any person whatsoever other than the owner for the payment of such assessment. No changes of ownership or occupation shall affect the application of this chapter, and the failure of any owner to learn that he purchased property against which a lien for stormwater management assessment exists, shall in no way affect his or her responsibility for such payment. In addition to the above, in the event the annual stormwater management assessment is collected pursuant to the uniform method of collection, it shall be subject to.all collection provisions of F.S. Chapter 197, as amended and supplemented, 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, as provided by law. - 2 - Ord. .No. 35-93 Such stormwater management assessment is subject to becoming a lien against homestead, as provided in Section 4, Article X, of the Florida Constitution. Section 3. That Chapter 56, "Stormwater", is hereby amended by amending Section 56.21, "Interim Method of Collection", to read as follows: 56.21 Interim Method of Collection (A) ~ As soon as practicable after the enactment of this chapter, the Director shall prepare a budget of operation for the year ending September 30, 1990, in conformity with the requirements of Section 56.16. After rates for the stormwater management assessment have been determined for such period, the Director of Finance shall, based on information provided by the Director and the Palm Beach County Property Appraiser, prepare and mail a billing statement to all owners of property within the benefited area reflecting the annual stormwater management assessment. Notwithstanding any provision in this chapter to the contrary, to the extent that the uniform method of collection is not available for the collection of stormwater management assessments with respect to certain types of properties within the benefited area, the city reserves the right to continue to use the interim method of collection. (B) The owner and description of each parcel of real property shall be that designated on the real property records maintained by the property appraiser. (C) The stormwater management assessments shall be due and payable at the time set forth in the billing statement. There shall be no discounts for early payment pursuant to the Interim Method of Collection. The stormwater management assessment shall become delinquent if not fully paid within thirty (30) days of rendition. All delinquent stormwater management assessments shall, until paid, bear an interest charge of eight percent (8%) and a rebilling charge covering administrative costs. (D) The billing statement under the Interim Method of Collection shall contain a notice advising that' the stormwater management assessments imposed against the owners of the real property in the benefited area thereof assessed shall constitute a lien against such property as of the first day of the fiscal year (or the date of enactment of Ordinance No. 21-90 with respect to the billing statement coverin~ the period from the date of such enactment to September 30, 1990) for which said assessment is imposed until such assessments are Paid, which lien until fully paid and discharged or barred by law~ shall be prior to other liens except such assessment lien shall be on a parity with the lien of State, County and City taxes and any liens for charges for services created pursuant to Section 159.17, Florida Statutes, as amended and supplemented. Such notice shall further advise the owner - 3 - Ord. No. 35-93 that failure to pay the stormwater management assessments in a timely manner may result in a loss of title. The City may combine the amount due from the date of enactment of Ordinance No. 21-90 to September 30, 1990, in the billing statement for the fiscal year beginning October 1, 1990. (E) If any stormwater management assessments shall become delinquent, the City shall cause to be prepared a notice of lien containing the amount of the delinquent stormwater management assessment including imposed interest charges and other costs, a legal description of the property and the name of the owner of such property. The City may, after notice has been given, as described below, record such notice of lien in the public records of the County. A copy of the notice of lien shall be served on the owner of record as provided in Section 713.18, Florida Statutes, as amended and supplemented~ within ten (10) days after the notice of lien is recorded. (F) The notice shall be mailed on or about the 30th day after the mailing of the billing statement. Such notice containing a statement as to the interest charge and other costs and how the same shall accrue and shall further advise the owner that a notice of lien will be filed by the City against that parcel of real property. However, if such stormwater management assessment, together with any interest charges and other costs, are received within ten (10) days of such notice, then such notice of lien will not be filed. Section 4. That Chapter 56, "Stormwater", is hereby . amended by amending Section 56.22, "Uniform Method of Collection", by enacting subsections 56.22(E), (F) and (G) to read as follows: 56.22 Uniform Method of Collection. (E) The stormwater management assessments shall be imposed against the owners of all real property in the City, other than non-assessed property, and collected pursuant to the Uniform Method of Collection for fiscal year commencing October 1, 1991. Thereafter, the City will use the Uniform Method of Collection unless the City determines that another method of collecting stormwater management assessments is in the best interest of the City. (F) The owner and description of each parcel of real property shall be that designated on the real property records maintained by. the property appraiser. (G) The stormwater management assessments shall be due and payable at .the time set forth in the notice of non-ad valorem assessments prepared by the County Tax Collector. Stormwater management assessments collected pursuant to the Uniform Method of Collection shall be subject to all collection provisions of Chapter 197, Florida Statutes, as amended and supplemented and as set forth in Section 56.19. - 4 - Ord. No. 35-93 Section 5. That Chapter 56, "Stormwater", is hereby amended by enacting a new Section 56 23, "Stormwater Assessment Process", to read as follows: 56.23 Stormwater Assessment Process. (A) Public Hearing. The City shall hold a public hearing for the following purposes in the order set forth below: (1) Budget. Other than with respect to the initial budget which shall be determined in the manner set forth in Section 56.16, to adopt an operational budget for the System for each fiscal year to cover the estimated costs o.f planning and constructing additions, extensions and improvements to the System; to cover the debt service requirements for any obligations issued by the City to finance or refinance additions, extensions and improvements to the System; to establish reserves for anticipated delinquent or uncollectible stormwater management assessments; and to cover the cost of operation and maintenance of the System. (2) Rate Resolution. To adopt a rate resolution incorporating a schedule of stormwater management assessments~ pursuant to Section 56.16 upon the owners of all real property in the City, other than non-assessed property. The rates established by the City each year under the provisions of the rate resolution shall be sufficient to provide monies for the purposes described in paragraph (A) (1). The City shall not establish rates over and above the rates that are necessary to comply with the provisions of paragraph (A)(1) and the budgetary requirements of any proceedings of the City heretofore or hereafter adopted in connection with the issuance of any of its bonds~ notes or other evidence of indebtedness. (3) Preparation of Stormwater Management Assessment Roll. Based upon the proposed rate resolution, the City shall prepare a stormwater management assessment roll. .Such stormwater management assessment roll shall contain a summary description of each parcel of real property within the City on or before the first day of the fiscal year for which the stormwater management assessments are to be imposed, the name and address of the owner of each parcel of real property, the rate applicable to each parcel of real property as specified in the proposed rate resolution and the amount of the stormwater management assessments applicable to each parcel of property subject to the stormwater management assessments. The summary description of each parcel of real property shall be in detail as to permit ready identification of each parcel on the real property records. The information specified above to be included in the stormwater management assessment roll shall conform to that maintained by the property appraiser on the real property records. - 5 - Ord. No. 35-93 (4) Certification and Adoption of Stormwater Management Assessment Roll. The City shall review the stormwater management assessment roll to determine its conformity with the proposed rate resolution. The City shall make such changes or additions as necessary to conform such stormwater management assessment roll with the proposed rate resolution. If upon the completion of such review, the City shall be satisfied that the stormwater management assessment roll has been preDared in conformity with the proposed rate resolution, it shall adopt said resolution and ratify and confirm the stormwater management assessment roll and certify that the stormwater management assessment roll is correct and proper and is to be used in collecting the stormwater management assessments. If no objections are made by persons affected by the assessment roll at the public hearing, or if objections having been made, they shall be deemed insufficient by the City Commission, the City Commission shall thereupon adopt the assessments as shown by the assessment roll. (5) Notice of Public Hearing. Notice of said public hearing shall be published in a newspaper of general circulation in the City, at least twenty (20) days prior to the date set for the public hearing. Proof of the publication shall be verified by affidavit of the publisher of the newspaper and filed with the Clerk. The published notice shall contain the name of the local governing board, geographic depiction of the property subject to the assessment, the proposed schedule of the assessment, the fact that the assessment will be collected by the Tax Collector, and a statement that all affected property owners have the right to appear at the public hearing and the right to file written objections within twenty (20) days of the publication notice. Said public hearing may be continued to a date certain without the necessity of further newspaper advertisement. The City shall in addition, adopt such resolutions and conduct such hearings after proper notice, all as may be required under Chapter 197, Florida Statutes, as amended and supplemented, when the assessment is made pursuant to the Uniform Method of Collection. Section 6. That Chapter 56, "Stormwater", is hereby amended by renumbering former Section 56.23, "Funding Sources", to Section 56.24, former Section 56.24, "Stormwater Management Enterprise Fund", to Section 56.25, renumbering former Section 56.25, "Flooding; Liability", to Section 56.26, and renumbering the index in front of Chapter 56 to include said renumbering and to include any new section enacted pursuant to this ordinance. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence 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. - 6 - Ord. No. 35-93 Section 8. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 9. That this ordinance shall become effective i~ediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 27th day of April, 1993. ATTEST: v tity ~ dle~k First Reading April 13, 1993 Second Reading April 27, 1993 - 7 - Ord. No. 35-93 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t~V~ SUBJECT: AGENDA ITEM ~ ~O~ - MEETING OF APRIL 27. 1993 ORDINANCE NO. 35-93 DATE: April 23, 1993 This is the second reading of an ordinance repealing provisions in the Land Development Regulations concerning Storm Water Utility Assessments and incorporating those provisions into Chapter 56 of the Code of Ordinances. The proposed ordinance eliminates the individual notice to property owners unless individual notifications are required by Florida Statute. The ordinance retains the public hearing process, but only requires it to be advertised once, for the purpose of establishing a budget, rates, preparing the assessment roll and certification and adoption of the roll. Additionally, it has been recommended that future annexation applications and water service agreements contain a clause indicating consent to the imposition of the stormwater management assessment. This would alleviate the need for individual notices on the basis of change of boundaries. At the April 13th regular meeting, Ordinance No. 35-93 was passed on first reading by a 5-0 vote. Recommend approval of Ordinance No. 35-93 on second and final reading. [lTV JIF [IELRrlV BErlCH Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: March 30, 1993 TO: City Commission FROM: Susan A. Ruby, Assistant City Attorney SUBJECT: Amendment to Stormwater Assessment Ordinances Our office has prepared the attached draft ordinance which repeals provisions in the LDR's concerning Storm Water Utility Assessments and incorporates the provisions into Chapter 56 governing stormwater assessments. The ordinance eliminates the individual notice to property owners unless individual notifications are required by F.S. 197.3632, where the non-advalorem assessment is levied for the first time; the assessment is increased beyond the maximum rate authorized by law or judicial decree, the boundaries have changed unless the owners have provided written consent for such assessment; or there is a change in the purpose or in the use of the revenue generated by the assessment. The ordinance retains the public hearing process, but only requires it to be advertised once, for the purpose of establishing a budget, rates, preparing the assessment roll and the certification and adoption of the roll. Our office by written memorandum on August 7, 1992 informed David Kovacs that annexation applications and water service agreements should contain a clause indicating consent to the imposition of the stormwater management assessment upon annexation, which if implemented, should alleviate the need for individual notices on the basis of change of boundaries. By copy of this memorandum to David Harden, City Manager, our office requests that this ordinance be placed on an upcoming ago~ty Commission approval. SAR:cI ¥' ~ Attachment cc David Harden, City Manager Alison MacGregor Harty, City Clerk David Kovacs, Director of Planning and Zoning Dick Hasko, Assistant City Engineer ORDINANCE NO. 35-93 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 SECTION 8.4.16, "STORMWATER MANAGEMENT ASSESSMENTS" AND BY AMENDING THE CODE OF ORDINANCES OF THE CITY O~ DELRAY BEACH, BY AMENDING CHAPTER 56, "STORMWATER", SECTION 56.19, "STORMWATER MANAGEMENT ASSESSMENT LIEN", BY RENAMING THE SECTION "STORMWATER ASSESSMENT LIENS; ENFORCEMENT", BY AMENDING SECTION 56.19(A) TO PROVIDE FOR ENFORCEMENT OF DELINQUENT LIENS, BY AMENDING SECTION 56.21, "INTERIM METHOD OF COLLECTION", AND BY AMENDING SECTION 56.22, "UNIFORM METHOD OF COLLECTION", BY ADDING SUBSECTIONS E, F AND G TO PROVIDE FOR THE PAYMENT AND COLLECTION OF STORMWATER MANAGEMENT ASSESSMENTS UNDER THE INTERIM AND UNIFORM METHODS OF COLLECTION, RESPECTIVELY, BY ENACTING A NEW SECTION 56.23, "STORMWATER ASSESSMENT PROCESS", TO PROVIDE FOR A PUBLIC HEARING FOR THE PURPOSE OF ESTABLISHING A BUDGET, ADOPTING RATES AND FOR THE PREPARATION, CERTIFICATION AND ADOPTION OF A STORMWATER ASSESSMENT ROLL, AND TO PROVIDE THAT INDIVIDUAL NOTICES TO PROPERTY OWNERS ARE NOT REQUIRED EXCEPT IN INSTANCES WHERE IT IS MANDATED BY STATE LAW, AND BY RENUMBERING FORMER SECTIONS 56.23, 56.24, 56.25; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach codified certain sections of the stormwater assessment process in the Land Development Regulations (LDRs) of the Code of Ordinances of the City of Delray Beach; and, WHEREAS, the City of Delray Beach desires to repeal Section 8.4.16 of the LDR's and recodify in part those sections in Chapter 56, "Stormwater", to provide for uniformity wherein all Stormwater Assessment Ordinances are contained in the same chapter of the City's Code of Ordinances; and, WHEREAS, the City Commission of the City of Delray Beach desires to re-establish the public hearing process to initiate the budget, rates, assessment roll and certification and adoption thereof as it pertains to the Stormwater Management Assessment; and, WHEREAS, the City Commission desires to provide individual notices to property owners (other than notices sent by the Tax Collector pursuant to Fla. Stat. 197.3635) only in those circumstances required by Florida Statute Section 197.3632(4). 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" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section 8.4.16, "Stormwater Management Assessments", in its entirety and recodifying certain repealed provisions, as set forth herein. Section 2. That Chapter 56, "Stormwater" is hereby amended by amending Section 56.19, "Stormwater Management Assessment Lien", to read as follows: 56.19 Stormwater Management Assessment Lien=; Enforcement. (A) All stormwater management assessments assessed pursuant to this chapter shall be a lien upon the property to which such assessment relates from the first day of the year for which said assessment is imposed until such assessment is paid. The owner of every building, premise, lot or house shall be obligated to pay the stormwater management assessments~ ~ wh~h-ob~ga~en-may-be-en~or~e~-by-the-~ty by-a~t~n-at-~aw-~r-s~%-~-en~r~e-~he-~en-~n-~he-same-manner-as-~he ~ere~osu~e--~--mo~a~esv All delinquent Stormwater Manaqement Assessment liens may be enforced at any time by the City at least thirty (30) days subsequent to the date of the service of the notice of lien for the amount due under such recorded liens~ lncludinq all interest charges~ plus costs and a reasonable attorney's fee by a proceedinq in a court of law or equity to enforce or foreclose such liens in the manner in which a mortqage lien is fore61osed under the laws of Florida~ or the collection and enforcement of payment thereof may be accomplished by any other method authorized by law. It shall be lawful to join in any complaint or foreclosure or any legal proceedinqs, any one or more lots or parcels of land that is the subject of a lien or liens. ~n-~he =~sts-and-reasenab~e-aee~rne¥-~ees-~=-su=h-=okke=e~on= In the case where a tenant in possession of any premises or buildings shall pay said assessment, it shall relieve the land owner from such obligation and lien; but the city shall not be required to look to any person whatsoever other than the owner for the payment of'such assessment. No changes of ownership or occupation shall affect the application of this chapter, and the failure of any owner to learn that he purchased property against which a lien for stormwater management assessment exists, shall in no way affect his or her responsibility for such payment. In addition to the above, in the event the annual stormwater management assessment is collected pursuant et the uniform method of collection, it shall be subject to all collection provisions of F.S. Chapter 197, as amended and supplemented, 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, as provided by law. Such stormwater management assessment is subject to becoming a lien against homestead, as provided in Section 4, Article X, of the Florida Constitution. Section 3. That Chapter 56, "Stormwater" is hereby amended by amending Section 56.21, "Interim Method of Collection", to read as follows: 56.21 Interim Method of Collection (A) As soon as practicable after the enactment of this chapter, the Director shall prepare a budget of operation for the year O~D. NO. 35-93 ending September 30, 1990, in conformity with the requirements of Section 56.16. After rates for the stormwater management assessment have been determined for such period, the Director of Finance shall, based on information provided by the Director and the Palm Beach County Property Appraiser, prepare and mail a billing statement to all owners of property within the ben~fited area reflecting the annual stormwater management assessment. Notwithstanding any provision in this chapter to the contrary, to the extent that the uniform method of collection is not available for the collection of stormwater management assessments with respect to certain types of properties within the benefited area, the city reserves the right to continue to use the interim method of collection. (B) The owner and description of each parcel of real Droperty shall be that designated on the real property records maintained by the DroDert¥ aDpraiser. (C) The Stormwater Management assessments shall be due and payable at the time set forth in the billinq statement. There shall be no discounts for early payment pursuant to the Interim Method of Collection. The Stormwater Manaqement Assessment shall become delinquent if not fully paid within thirty (30) days of rendition. All delinquent Stormwater Management Assessments shall~ until paid~ bear an interest charge of 8 percent (8%) and a reblllinq charqe covering ad~inistrative costs. (D) The billing statement under the Interim Method of Collection shall contain a notice advisinq that the Stormwater Manaqement Assessments imposed against the owners of the real property in the Benefitted Area thereof assessed shall constitute a lien against such property as of the first day of the fiscal year (or the date of enactment of Ordinance No. 21-90 with respect to the billing statement covering the period from the date of such enactment to September 30t 1990) for which said assessment is imposed until such assessments are paid~ which lien until fully paid and discharged or barred by lawt shall be prior to other liens except such assessment lien shall be on a parity with the lien of StateI County and City taxes and any liens for charqes for services created pursuant to Section 159.17~ Florida Statutes~ as amended and suDDlemented. Such notice shall further advise the owner that failure to pay the Stormwater Management Assessments in a timely manner may result in a loss of title. The City may combine the amount due from the date of enactment of Ordinance No. 21-90 to September 3011990~ in the billing statement for the fiscal year beginning October i! 1990. (E) If any Stormwater Manaqement Assessments shall become delinquent, the City shall cause to be prepared a notice of lien containing the amount of the delinquent Stormwater Management Assessment includlnq imposed interest charges and other costsI a legal description of the DroDerty and the name of the owner of such property. The City may~ after notice has been qiven~ as described below~ record such notice of lien in the public records of the County. A cody of the notice of lien shall be served on the owner of record as provided in Section 713.18t Florida Statutes, as amended and suDDlemented~ within ten (10) days after the notice of lien is recorded. (F) The notice shall be mailed on or about the 30th day after the mailing of the billing statement. Such notice containinq a statement as to the interest charge and other costs and how the same 3 ORD. NO. JE-93 shall accrue and shall further advise the owner that a notice of lien will be filed by the City against that parcel of real property. However~ if such Stormwater Management Assessment~ together with any interest charges and other costs~ are received within ten (10) days of such notice~ then such notice of lien will not be filed. Section 4. That Chapter 56, "Stormwater", is hereby amended by amending Section 56.22, "Uniform Method of Collection", by enacting subsections 56.22(E)(F) and (G) to read as follows: 56.22 Uniform Method of Collection (E) The Stormwater Management Assessments shall be imposed against the owners of all real property in the Clty~ other than non-assessed property and collected pursuant to the Uniform Method of Collection for fiscal year commencing October 1d 1991. Thereafter~ the City will use the Uniform Method of Collection unless the City determines that an other method of collecting stormwater management assessments is in the best interest of the City. (F) The owner and description of each parcel of real property shall be that designated on the real property records maintained by the property appraiser. (G) The Stormwater Management Assessments shall be due and payable at the time set forth in the notice of non-ad valorem assessments prepared by the County Tax Collector. Stormwater Managements Assessments collected pursuant to the Uniform Method of Collection shall be subject to all collection provisions of Chapter 197¢ Florida Statutes~ as amended and supplemented and as set forth in Section 56.19. Section 5. That Chapter 56, "Stormwater", is hereby amended by enacting a new section 56.23, "Stormwater Assessment Process", to read as follows: 56.23 Stormwater Assessment Process (A) Public Hearing. The City shall hold a public hearing for the following purposes in the order set forth below: (1) Budget. Other than with respect to the initial budget which shall be determined in the manner set forth in Section 56.16~ to adopt an operational budget for the System for each fiscal year to cover the estimated costs of planning and constructing additions~ extensions and improvements to the System; to cover the debt service requirements for any obligations issued by the City to finance or refinance additionst extensions and improvements to the System~ to establish reserves for anticipated delinquent or uncollectible Stormwater Management Assessments; and to cover the cost of operation and maintenance of the System. (2) Rate Resolution. To adopt a rate resolution incorporating a schedule of Stormwater Management Assessments~ pursuant to Section 56.16 upon the owners of all real property in the City, other than non-assessed property. The rates established by the City each year under the provisions of the rate resolution shall be sufficient to provide monies for the purposes described in paragraph (A)(1). The City shall not establish rates over and above the rates that are necessary to 4 ORD. NO. j~_c~E comply with the provisions of paragraph (A)(1) and the budgetar~ requirements of any proceedings of the City heretofore or hereafter adopted in connection with the issuance of any of its bonds~ notes or other evidence of indebtedness. (3) Preparation of Stormwater Management Assessment Roi1. Based upon the proposed rate resolution~ the City shall prepare a Stormwater Management Assessment roll· Such Stormwater Management Assessment roll shall contain a summary description of each parcel of real property within the City on or before the first day of the fiscal year for which the Stormwater Management Assessments are to be imposed~ the name and address of the owner of each parcel of real property~ the rate applicable to each parcel of real property as specified in the proposed rate resolution and the amount of the Stormwater Management Assessments applicable to each parcel of property subject to the Stormwater Management Assessments. The summary description of each parcel of real property shall be in detail as to permit ready identification of each parcel on the real property records· The lnfor~ation specified above to be included in the Stormwater Management Assessment roll shall conform to that maintained by the property appraiser on the real property records. (~} _ Certification and Adoption of Stormwater Management Assessment Ro~l. The City shall review the Stormwater Management Assessment roll to determine its conformity with the proposed rate resolution· The City shall make such changes or additions as necessary to conform such Stormwater Management Assessment roll with the proposed rate resolution. If upon the completion of such reviewt the City shall be satisfied that the Stormwater Management Assessment roll has been prepared in conformity with the proposed rate resolutiont it shall adopt said resolution and ratify and confirm the Stormwater Management Assessment roll and certify that the Stormwater Management Assessment roll is correct and proper and the is to be used in collecting the Stormwater Management Assessments· If no ob~ections are made by persons affected by the assessment roll at the public hearinq~ or if objections having been made~ they shall be deemed insufficient by the City Commission~ the City Commission shall thereupon adopt the assessments as shown by the assessment roll· (5) Notice of Public Hearing. Notice of said public hearing shall be published in a newspaper of general circulation in the City~ at least twenty (20) days prior to the date set for the public hearing. Proof of the publication shall be verified by affidavit of the publisher of the newspaper and filed with the Clerk· The published notice shall contain the name of the local governing board, geographic depiction of the property subject to the assessment~ the proposed schedule of the assessment~ the fact that the assessment will be collected by the tax collector~ and a statement that all affected property owners have the right to appear at the public hearing and the right to file written ob~ections within twenty (20) days of the publication notice. Said Public Hearing may be continued to a date certain without the necessity of further newspaper advertisement· The City shall in addition~ adopt such resolutions and conduct such hearings after proper notice~ all as may be required under Chapter 197~ Florida Statutest as amended and supplemented~ when the assessment is made pursuant to the Uniform Method of Collection. 5 O~D. NO..t~-?.~ Section 6. That Chapter 56, "Stormwater", is hereby amended by renumbering former Section 52.23, "Funding Sources", to Section 52.24, former Section 56.24, "Stormwater Management Enterprise Fund", to Section 56.24, renumbering former Section 56.25, "Flooding; Liability" to 56.26 and renu~bering the index in front of Chapter 56 to include said renumbering and to include any new section enacted pursuant to this ordinance. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, 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 8. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 9. That this ordinance shall become effective immedi- ately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAYOR ATTE ST: City Clerk First Reading Second Reading 6 ORD. NO. · MEMO Fl'om CITY MANAGEFI'8 OFFICE shall accrue and shall further advise the owner that a notice of lien will be filed by the City aqainst that parcel of real property. However~ if such Stormwater Management Assessmentr together with any interest charges and other costs~ are received within ten (10) days such noticeI then such notice of lien will not be filed. Section 4. That Chapter 56, "Stormwater", is hereby amended by amending Section 56.22, "Uniform Method of Collection", by enacting subsections 56.22(E)(F) and (G) to read as follows: 56.22 Uniform Method of Collection (E) The Stormwater Management Assessments shall be imposed against the owners of all real property in the Cityt other than non-assessed property and collected pursuant to the Uniform Method Collection for fiscal year commencing October iI 1991. Thereafter~ the City will use the Uniform Method of Collection unless the City determines that an other method of collecting stormwater management assessments is in the best interest of the City. (F) The owner and description of each parcel of real property shall be that designated on the real property records maintained by the property appraiser. (G) The Stormwater Management Assessments shall be due and payable at the time set forth in the notice of non-ad valorem assessments prepared by the County Tax Collector. Stormwater Managements Assessments collected pursuant to the Uniform Method of Collection shall be subject to all collection provisions of Chapter 197~ Florida Statutest as amended and supplemented and as set forth in Section 56.19. Section 5. That Chapter 56, "Stormwater", is hereby amended by enacting a new section 56.23, "Stormwater Assessment Process", to read as follows: 56.23 Stormwater Assessment Process (A) Public Hearinq. The City shall hold a public hearing for the following purposes in the order set forth below: (1) Budqet. Other than with respect to the initial budget which shall be determined in the manner set forth in Section 56.16r to adopt an operational budqet for the System for each fiscal year to cover the estimated costs of planning and constructing additions~ extensions and improvements to the System; to cover the debt service requirements for any obligations issued by the City to finance or refinance addit£ons! extensions and improvements to the System; to establish reserves for anticipated delinquent or uncollectible Stormwater Management Assessments~ and to cover the cost of operation and maintenance of the System. (2) Rate Resolution. To adopt a rate resolution incorporating a schedule of Stormwater Management Assessments~ pursuant to Section 56.16 upon the owners of all real property in the City, other than non-assessed property. The rates established by the City each year under the provisions of the rate resolution shall be sufficient to provide monies for the purposes described in paragraph (A)(1). The City shall not establish rates over and above the rates that are necessary to 4 ORD. NO. J~-~J comply with the provisions of paragraph (A)(1) and the budqetary requirements of any proceedings of the City heretofore or hereafter adopted in connection with the issuance of any of its bonds~ notes or other evidence of indebtedness. (3) Preparation of Stormwater Management Assessment Roll. Based upon the proposed rate resolution, the City shall prepare a Stormwater Management Assessment roll. Such Stormwater Manaqement Assessment roll shall contain a summary description of each parcel of real property within the City on or before the first day of the fiscal year for w~ich the Stormwater Management Assessments are to be imposed, the name and address of the owner of each parcel of real property~ the rate applicable to each parcel of real property as specified in the proposed rate resolution and the amount of the Stormwater Manaqement Assessments applicable to each parcel of property subject to the Stormwater Management Assessments. The summary description of each parcel of real property' shall~ be in detail as to permit ready identification of each parcel on the real property records. The information specified above to be included in the Stormwater Management Assessment roll shall conform to that maintained by the property appraiser on the real property records. (4) Certification and Adoption of Stormwater Manaqement Assessment Ro~i. The City shall review the Stormwater Management Assessment roll to determine its conformity with the proposed rate resolution. The City shall make such chanqes or additions as necessary to conform such Stormwater Management Assessment roll with the proposed rate resolution. If upon the completion of such review~ the City shall be satisfied that the Stormwater Manaqement Assessment roll has been prepared in conformity with the proposed rate resolutiont it shall adopt said resolution and ratify and confirm the Stormwater Manaqement Assessment roll and certify that the Stormwater Manaqement Assessmen~ roll is correct and proper and ~ is to be used in collectinq t Stormwater Management Assessments. If no ob~ections are made by perso affected by the assessment roll at the public hearinq~ or if objections having been madet they shall be deemed insufficient by the City Co~ission~ the City Commission shall thereupon adopt the assessments as shown by the assessment roll. (5) Notice of Public Hearing. Notice of said public hearinq shall be published in a newspaper of general circulation in the City, at least twenty (20) days prior to the date set for the public hearinq. Proof of the publication shall be verified by affidavit of the publisher of the newspaper and filed with the Clerk. The published notice shall contain the name of the local governinq board~ geoqraphic depiction of the property subject to the assessment~ the proposed schedule of the assessment~ the fact that the assessment will be collected by the tax collectort and a statement that all affected property owners have the right to appear at the public hearinq and the riqht to file written ob~ections within twenty (20) days of the publication notice. Said Public Hearing may be continued to a date certain without the necessity of further newsDaDer advertisement. The City shall in addition~ adopt such resolutions and conduct such hearinqs after proper notice~ all as may be required under Chapter 197~ Florida Statutes~ as amended and supplementedt when the assessment is made pursuant to the Uniform Method of Collection. 5 ORD. NO. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ]~ - MEETING 0F APRIL 13, 1995 ORDINANCE NO. $5-93 DATE: April 9, 1993 This is the first reading of an ordinance repealing provisions in the Land Development Regulations concerning Storm Water Utility Assessments and incorporating those provisions into Chapter 56 of the Code of Ordinances. The proposed ordinance eliminates the individual notice to property owners unless individual notifications are required by Florida Statute. The ordinance retains the public hearing process, but only requires it to be advertised once, for the purpose of establishing a budget, rates, preparing the assessment roll and certification and adoption of the roll. Additionally, it has been recommended that future annexation applications and water service agreements contain a clause indicating consent to the imposition of the stormwater manageme~ assessment. This would alleviate the need for individual noti~- the basis of change of boundaries. Recommend approval of Ordinance No. 3~ ~ ~- ~3 isl~ed P h lo Del~a pU~ oc~ oca ~on, of one ?~'e ~ ~ pertod ~-~n o~ ~" _~ further firs~ M~-~ent; ~-'d nor ~'f., ~ose ~ ~L~ ~atd new~v~ ~O~%lO~ ~ ~