R01-250RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, I~LORIDA~
ESTABLISHING A PROCEDURE FOR I]L4RDSHIP
WAIVERS OR DEFERRALS OF ALL OR PART OF
THE CITY'S FIRE RESCUE SPECIAL ASS~ SSMENT;
PROVII)ING FOR THE ESTABLISHMEN3
APPLICATION AND REVIEW PROCE
HARDSHIP WAIVER REQUESTS; PROVIDII
COM~vIITTEE TO REVIEW HARDSHIP
REQUESTS; PROVH)tNG CRITERIA FOR
OF HARDSHIP WAIVER REQUESTS; PI
FOR CONFLICTS;'rPROVID]kNG FOR SEVER
PROVIDINGAN EFFECTIVE DATE.
OF AN
SS FOR
~G FOR A
WAIVER
: REVIEW
~OV1DNG
ABILITY;
WHEREAS, the City Commission of the City of Boynton Beach has adopted
Ordinance 01-34, authorizing the imposition and collection of fire resc¢e special assessments
against property; and
WHEREAS, the City Conunission of the City of Boynton Beach has adopted
Resolution 01-217, which is the Initial Assessment Resolution for the City's Fire Rescue
Special Assessment; and,
WHEREAS, the Initial Assessment Resolution provides for the imposition of a
special assessment upon all real property not specifically exempted within the Initial
Assessment Resolution, including all residential properties in the City; and,
WHEREAS, the City Commission recognizes that the special assessment may work
a hardship on certain residential property owners in the City, and desires to provide a means
whereby affected property owners may request a total or partial wmver of the special
assessment for hardship.
NOW, THEREFORE, BE .IT RESOLVED BY THF. CIT COMMISSION OF
]'HE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS:
SECTION 1. The foregoing "Whereas" clauses arc hereby ratified and
confirmed as being true and correct and are hereby made a specific art of this Resolution
upon adoption hereofi
SECTION 2. The City Commission of the City of Boynton Beach, Florida
hereby ~ establishes a program for qualified individual~ who need financial
assistance to pay all or part of the fire assessment levied on their property or who seek
deferral of payment of all or part of the fire assessment on their proper~y.
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SECTION 3. The City's program for financial assistance shall be commonly
referred to as H.E.L.P., Hardship Extension Loan Program. The following types of financial
assistance are available, based upon need:
B.
C.
D.
Relief from all payments of an annual fire assessma
Relief from a portion of payments of an annual fire
Deferral ofpaymems of an annual fire assessment.
Deferral of a portion of payments of an annual fire ~
SECTION 4.
The following individuals are eligible fo:
Residential Property Owners who meet 2001 HHS Pow
Residential property owners that are exempt from
pursuant to the following Florida Statutes are eligible t
Waiver or Deferral:
1. Section 196.081, Florida Statutes (totally.
surviving spouses of veterans);
2. Section 196:091, Florida Statutes (disal
to wheelchairs)
3. Section 196.101, Florida Statutes (tot
disabled persons)
Residential Property Owners that qualify for the
exemption for persons 65 and over authorized pUrsu~
Florida Statutes are also eligible to apply for the Hardsl-
Residential Property Owners that are qualified under '
Property Tax Deferral Act, Section 197.242 et al., Flori,
SECTIONS. Eligible Residential Property Owm
application for a Hardship:Waiver or Deferral, on a form pre[
the Finance Department. The Application shall include the folh
A. Documentation demonstrating eligibility for the Hardsl
through one of criteria exemptions listed in sections A,
B. A copy of the Tax Bill for the subject property;
C. Description of the facts and circumstances of the Hards]
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msessment.
sessmem.
financial assistance:
ny Guidelines.
ad valorem taxation
) apply for a Hardship
· disabled veterans and
~led veterans confined
ally and permanently
additional homestead
at to section 196.075,
ip Waiver
he Florida Homestead
Ia Statutes.
rs may submit an
ared by the City, with
,wing:
lip Waiver or Deferral
3, C or D above;
SECTION 6. All Applications fdr the Hardship Waiver or Deferral must be
received by the City's Finance Department on or before November 1 bf each year in order to
be considered for the currently billed assessment. For example, ail Hardship Waiver or
Deferrai Applications for the Fire Rescue Special Assessment levied in September, 2001
must be received on or before November 1, 2001.
Once received, ail applications shall be reviewed by a Hardship Waiver Review
~ommittee.
A. The Committee shall be comprised of three (3) members:
City Manager, or his or her designee;
2. City's Finance Director, or his or her designee; and
3. Member appointed by City Commission.
The Committee shail review the facts and circumstances to determine whether
a hardship exists to warrant a partial or total waiver of the speciai assessment
levied upon the apphcant's real property or a deferral of payment of such.
The concurrence of a majority of the members of the Committee shail be
necessary to grant a partiai or total, waiver or deferral of payment of the
special assessment.
D. The decision of the Committee is finai.
SECTION 7:
~uch to the apphcant.
The Committee shall render a written decision and provide
SECTION 8. If a partial or total waiver or deferral is granted by the
Committee, the Finance Director shall ensure appropriate documentation is provided to the
tax Collector as to the revised amount of the assessment as to the applicant.
/
SECTION 9. An applicant may apply for a Hards~i'p Waiver as to one
~roperty only.
SECTION 10.
basis.
SECTION 11.
Ihen fiscal year.
An applicant must apply for the Hardship Waiver on an annual
A deferral may be granted for no longer than the end of the
SECTION 12. When financial assistance is granted pursuant to the H.E.L.P.
program, the City shall pay on behaif of the individual who has been granted assistance by
~he Committee all or part of the fire assessment not paid by the individual. The City
Commission shall appropriate from general funds a sufficient amount to insure timely
payment of an assessment when assistance is granted
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SECTION 13. All resolutions or parts of resol~gtions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 14.. If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or inval/d, in pan or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 15:
This Resolution shall become effective upon adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
ImORII)A, THIS
DAY OF Oe-.l'o~F_~, 2001.
MMISSIONER
COMMISSIONER~
CITY CLERK
CITY ATTORNEY
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