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49-90 ORDINANCE NO. 49-90 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING 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, BY AMENDING SECTION 8.4.2, "DEFINITIONS", BY ENACTING A NEW SECTION 8.4.16, "STORMWATER MANAGEMENT ASSESSMENTS"; PROVIDING FOR DEFINITIONS; PROVIDING A METHOD OF IMPOSING AND COLLECTING ANNUAL STORMWATER MANAGEMENT ASSESSMENTS FOR THE BENEFIT OF THE CITY OF DELRAY BEACH' S STORMWATER MANAGEMENT PROGRAM; PROVIDING A METHOD OF ENFORCEMENT OF DELINQUENT STORMWATER MANAGEMENT ASSESSMENTS; PROVIDING FOR PUBLIC HEARINGS AND NOTICES; ESTABLISHING A BASIS OF CALCULATION OF STORMWATER MANAGEMENT ASSESSMENTS; PROVIDING A SAVING CLAUSE ~ PROVIDING A GENERAL REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida (the "City") did own and operate a fragmented stormwater system for the collection, control and disposal of storm and other surface waters (the "Existing System"); and, WHEREAS, the City, pursuant to Ordinance No. 21-90 ( the "Ordinance"), has created and established a comprehensive stormwater management system (the "System"); and, WHEREAS, pursuant to the Ordinance, a funding mechanism was provided for the costs of operating and maintaining the System and financing and refinancing the necessary repairs, replacements, improve- ments and extensions thereof, imposing stormwater assessments on all real property within the City, other than non-assessed property, in relationship to user impacts, services received and benefits enjoyed therefrom (the "Stormwater Management Assessments"); and, WHEREAS, the City desires to provide for the method of estab- lishing such Stormwater Management Assessments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 8.4, "Public Improvements and Special Assessments" of Section 8.4.2, "Definitions" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to include in alphabetical order the following terms: "System". The City's unified Stormwater Management System, as more particularly described in Section 56.03(B). "Stormwater Manaqement Assessments" Non-ad valorem assess- ments imposed by the City pursuant to Chapter 56 and Section 403.0893, Florida Statutes, as amended and supplemented, on all developed property which is not non-assessed property, and on all unimproved land which is not non-assessed property, in the Benefited Area in relation to each such property's estimated contribution of stormwater runoff to the System and the benefit derived from the use of the facilities of the System, and the i future-improvements to be funded from Stormwater Management Assess- ! ments. Such Stormwater Management Assessment, shall include the · pro rata cost of the operation and maintenance ~f the System, based on the same proportion of benefit assessed against each parcel within the Benefited Area. "Benefited Area". The geographical boundaries of the City including all future annexations and consolidations. Section 2. That Article 8.4, "Public Improvements and Assess- ments'' of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new Section 8.4.16, "Stormwater Management Assessments", to read as follows: Section 8.4.16. Stormwater Management Assessments. (A) Public Hearing(s). The City shall hold one or more 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 56.16, to adopt, pursuant to Chapter 56 of the Code of Ordinances of the City, an operational budget for the System for the next fiscal year to cover the estimated costs of planning and constructing additions, extensions and improve- ments 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 incor- porating a schedule of Stormwater Management Assessments, pursuant to Section 56.16 of the Code of Ordinances of the City, to impose upon the owners of all real property in the City, other than non-assessed property, which shall constitute a lien as provided for in Chapter 56 of the Code of Ordinances of the City in order to provide revenues which shall be sufficient to fund the budget referred to in the aforemen- tioned paragraph. The rates established by the City in each year under the provisions of the rate resolution shall be sufficient to provide monies for the purposes described in paragraph (1) and the City shall not establish rates over and above the rates that are necessary to comply with the pro- visions of paragraph (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 evidences 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. 2 ORD. NO. 49-90 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 Management Assessment Roll. The City shall review the Stormwater Manage- ment 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 prepared 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 shall be 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 be published in a newspaper of general circulation in the City at least twice with the first publica- tion being at least 20 days prior to the date set for the public hearing, and with the last publication being no later than one week prior to the date of the hearing. Proof of publication shall be verified by affidavit of the publisher of the newspaper and filed with the City Clerk. Notice shall als0 be sent by mail at least ten (10) days prior to public hearing to each of the affected property owners to his last known address, the names and address of such property owners to be obtained from the records of the property appraiser or from such other sources as the City Manager deems reliable. Such notice to the property owners shall include but not be limited to the proposed amount of such $tormwater Management Assessment for each parcel of real property, the time such assessment is due and payable and shall state the time and place of the public hearing. Proof of such mailing shall be made by affidavit of the City Clerk. Failure to mail said notices shall not invalidate any of the proceedings pursuant to this Section. Said public hearing may be continued to a date certain without the necessity of further newspaper advertisement or public notice. (6) 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. (B) Payment and Collection of Stormwater Management Assessments; Interim Method of Collection. (1) The first Stormwater Management Assessments shall be imposed against the owners of all real property in the City, other than non-assessed property, from the date of 3 ORD. NO. 49-90 enactment of Chapter 56 through and including the next fiscal year in the manner provided in 56.16 or until the implementation of the Uniform Method of Collection. (2) The owner and description of each parcel of real property shall be that designated on the real property records maintained by the property appraiser. (3) 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 8 percent (8%) and a rebilling charge covering administrative costs. (4) 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 Benefitted Area thereof assessed shall consti- tute 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 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 supple- mented. 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 30, 1990, in the billing statement for the fiscal year beginning October 1, 1990. (5) If any Stormwater Management Assessment 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 oX 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. (6) 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. 4 ORD. NO. 49-90 (7) Enforcement of Delinquent Stormwater Management Assessments. All delinquent Stormwater Management Assessment liens may be enforced at any time by the City at least 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 proceeding in a court of equity to 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 fore- closure or any such legal proceedings, any one or more lots or parcels of land that is the subject of a lien or liens. (C) Payment and collection of Stormwater Management Assess- ments; Uniform Method of Collection. (1) 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 each fiscal year commencing October 1, 1991. (2) The owner and description of each parcel of real property shall be that designated on the real property records maintained by the property appraiser. (3) 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 collec- tion provisions of Chapter 197, Florida Statutes, 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 non-payment. (D) This Section is Controlling for stormwater Management Assessments. As to anything in Section 8.4.1 to the contrary, this Section 8.4.16 of Article 8.4 shall be controlling as to the proce- dure for the implementation and collection of Stormwater Management Assessments. The applicable requirements of Section 8.4.16 shall apply in addition to the requirements of Florida Statutes Chapter 197 if the Stormwater Management Assessment is imposed pursuant to the Uniform Method of Collection. Section 3. Severability of Provisions. If any section, clause, sentence or provision of this Ordinance, or the application of such section, clause, sentence or provision to any persons, bodies or circumstances, shall be held to be inoperative, invalid or unconstitu- tional, the invalidity of such section, clause, sentence or provision shall not be held, deemed or taken to affect the application of the provisions of this Ordinance to persons, bodies or circumstances other than those as to which it, or any parts thereof, shall have been held inoperative, invalid or unconstitutional, and the remaining portions hereof shall not be affected and shall remain in full force and effect. Section 4. All ordinances and resolutions, or parts thereof, in conflict with this Ordinance are to the extent of such conflict hereby repealed. 5 ORD. NO. 49-90 Section 5. Thi~ Ordinance shall become effective after its passage on second and final reading. A certified copy of this Ordinance, as enacted, shall be filed with the Department of State. PASSED AND ADOPTED in regular session on second and final reading on this, the 23rd day of~1990. ATTEST: City Clerk First Reading October 9, 1990 Second Reading October 23, 1990 6 ORD. NO. 49-90 BOCA RATON NEWS DELItAY BEACH NEWS BOYNTON BEACH NEWS Published Daily Monday thru Sunday Boca Ra~on, Palm Beach County, Florida Delray Beach, Palm Beach County, Florida 9TATB OF FLORXDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared NANCY WATT who on oath says that she is the Classified Advertising Manager of the Boca Raton News and the Del~ay Beach News, daffy newspapers published at Boc~ Raton in Palm Beach County, Florida; that the attached copy of advertisement was published in said newspapers w~ 8~CH, F~ORID~ ~ENDI~~ AR- in the issues of: TICLE ~ ~lC ~' CITY ~ NEW ~CT~ SE~EN~; ~IDIK FO~ M~ OF ~1~ AND C~- LETIN6 ANNUL' ST~T~ ~NAG~NT THE BENEFIT ~y ~S ~T~ATER lished at Boca Raton, in said Palm Beach County, ~s; PUBLIC fl~Rl~S ~ ~TIC~; Florida, Monday t~ough Sunday, and have been ~s~u~ ~ w~s ~ ~. ~T~ entered as second cla~s matter at the post office in AGE~ ~; affiant furthe~ says that she has neither paid no~ T~ ~ promised any person, lmm or corporation any dis- ~ ~ c~ ~t ~ ~w, ~.A~, count, rebate, commission or refund for the p~- ~ ~.~ pose of securing this advertisement for publication ~, ~ in sa~d newspapers, l, Sworn to and subscribed before me this ~ (Seal, Notary Public~lorldaCHAat l~rge)NE