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O01-34CITY OF BOYNTON BEACH, FLORIDA FIRE RESCUE ASSESSMENT ORDINANCE FIRST READING JULY 3, 2001 SECOND READING JULY 11, 2001 1.01. SECTION 1.02. SECTION 1.03. 1.04. TABLE OF CONTENTS ARTICLE l INTRODUCTION PAGE DEFINITIONS ........................................................................................... 2 INTERPRETATION ................................................................................. 7 GENERAL FINDINGS ............................................................................. 7 LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT ........ 8 2.01. 2.02. 2.03. SECTION 2.04. SECTION 2.05. SECTION 2.06. SECTION 2~08. SECTION 2.09. SECTION 2.10. SECTION 2.11. SECTION 2.12. SECTION 2.13. ARTICLE II ANNUAL FIRE RESCUE GENERAL AUTHORITY ...................................................................... 10 INITIAL PROCEEDINGS ..................................................................... 10 INITIAL ASSESSMENT ROLL ............................................................ 11 NOTICE BY PUBLICATION ................................................................ 11 NOTICE BY MAIL ................................................................................. 12 ADOPTION OF FINAL ASSESSMENT RESOLUTION ................... 14 EFFECT OF FINAL ASSESSMENT RESOLUTION ......................... 15 ADOPTION OF ANNUAL RATE RESOLUTION .............................. 15 LIEN OF FIRE RESCUE ASSESSMENTS ..........................................19 REVISIONS TO FIRE RESCUE ASSESSMENTS ............................. 20 PROCEDURAL IRREGULARITIES ................................................... 20 CORRECTION OF ERRORS AND OMISSIONS .............................. 21 INTERIM ASSESSMENTS .................................................................... 22 ARTICLE III COLLECTION AND USE OF RESCUE ASSESSMENTS SECTION 3.01. METHOD OF COLLECTION ............................................................... 24 SECTION 3.02. ALTERNATIVE METHOD OF COLLECTION ................................ 24 SECTION 3.03. GOVERNMENT PROPERTY ......................................................... , ..... 27 SECTION 4.01. SECTION 4.02. SECTION 4.03. SECTION 4.04. ARTICLE IV GENERAL PROVISIONS APPLICABILITY .................................................................................... 30 ALTERNATIVE METHOD ................................................................... 30 SEVERABILITY ..................................................................................... 30 EFFECTIVE DATE ................................................................................. 31 ORDINANCE NO. 01-..~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA; RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES, AND PROGRAMS THROUGHOUT THE INCORPORATED AREAS OF BOYNTON BEACH, FLORIDA; AUTHORIZING THE IMPOSITION AND COLLECTION OF FIRE RESCUE ASSESSMENTS AGAINST PROPERTY; PROVIDING CERTAIN DEFINITIONS INCLUDING A DEFINITION FOR THE TERM "FIRE RESCUE ASSESSMENT"; ESTABLISHING A PROCEDURE FOR IMPOSING FIRE RESCUE ASSESSMENTS; PROVIDING THAT FIRE RESCUE ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF ASSESSMENT ROLL; PROVIDING THAT THE LIEN FOR A FIRE RESCUE ASSESSMENT COLLECTED PURSUANT TO SECTIONS THE PRIOR JANUARY 1, THE LIEN DATE FOR AD VALOREM TAXES; PROVIDING THAT: A PERFECTED AND WITH THE OF ALL STATE, OR MUNICIPAL T~S AND ASS~ AND THE AND OF ~EDURE FOR FOR THE ON GOVERNMENT ]CTION ~ A OF PROPERTY; ; ~ PROVIDING AN 3 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON , FLORIDA: ARTICLE I INTRODUCTION SECTION 1.01. DEFINITIONS. As used in this Ordinance, the following and terms shah have the following meanings, unless the context clearly otherwise requires: "Annual Pate Resolution" means the resolution described in Section 2.08 hereof, establishing the rate at which a Fire Rescue Assessment for a specific Fiscal Year will be computed. The Final Assessment Resolution shall constitute the Annual Rate Resolution for the initial Fiscal Year in which a Fire Rescue Assessment is imposed or reimposed. "Assessed Property" means all parcels of land included on the Assessment Roll that receive a special benefit from the delivery of the fire rescue services, programs or facilities identified in the Initial Assessment Resolution or a subsequent Preliminary Rate Resolution. "Assessment Roll" means the special assessment roll relating to a Fire Rescue Assessment approved by a Final Assessment Resolution pursuant to Section 2.06 hereof or an Annual Rate Resolution pursuant to Section 2.08 hereof. "Building" means any structure, whether temporary or permanent, built for support, shelter or enclosure of persons, chattel, or property of any kind, including mobile homes. This term shall include the use of land in which lot or spaces are offered for use, 4 rent or lease for the placement of mobile homes, travel trailers, or the like for residential purposes. "Certificate of Occupancy" means the written certification issued by the City that a Building is ready for occupancy for its intended use. For the purposes of this Ordinance, a set up or tie down permit or its equivalent issued for a mobile home shall be considered a Certificate of Occupancy. "City" means the City of Boynton Beach, Florida. "City Clerk" means the Clerk of the City Commission. "City Commission" means the City Commission of the City of Boynton Beach, Florida. "City Manager" means the chief administrative officer of the City, designated by the City Commission to be responsible for coordinating Fire Rescue Assessments or such person's designee. "County" means Palm Beach County, Florida. "Final Assessment Resolution" means the resolution described in Section 2.06 hereof which shall confirm, modify, or repeal the Initial Assessment Resolution and which shah be the final proceeding for the initial imposition of Fire Rescue Assessments. "Fire Rescue Assessment" means a special assessment lawfully imposed by the City Commission against Assessed Property to fund all or any portion of the cost of the provision of fire rescue services, facilities, or programs providing a special benefit to 5 property as a consequence of possessing a logical relationship to the value, use, or characteristics of the Assessed Property. "Fire Rescue Assessed Cost" means the amount determined by the City Commission to be assessed in any Fiscal Year to fund all or any portion of the cost of the ~rovision of fire rescue services, facilities, or programs which provide a special benefit to assessed Property, and shall include, but not be limited to, the following components: (A) the cost of physical construction, reconstruction or completion of any required facility or improvement; (B) the costs incurred in any required acquisition or purchase; (C) the cost of all labor, materials, machinery, and equipment; (D) the cost of fuel, parts, supplies, maintenance, repairs, and utilities; (E) the cost of computer services, data processing, and communications; (F) the cost of all lands and interest therein, leases, property rights, easements, and franchises of any nature whatsoever; (G) the cost of any indemnity or surety bonds and premiums for insurance; (H) the cost of salaries, volunteer pay, workers' compensation insurance, or other employment benefits; (I) the cost of uniforms, training, travel, and per diem; (J) the cost of construction plans and specifications, surveys and estimates of costs; (K) the cost of engineering, financial, legal, and other professional services; (L) the costs of compliance with any contracts or agreements entered into by the City to provide fire rescue services; (M) all costs associated with the structure, implementation, collection, and enforcement of the Fire Rescue Assessments, including any service charges of the Tax Collector, or Property Appraiser and amounts necessary to off- 6 discounts received for early payment of Fire Rescue Assessments pursuant to the Assessment Collection Act or for early payment of Fire Rescue Assessments collected pursuant to Section 3.02 herein; (N) all other costs and expenses necessary or the acquisition, provision, or construction of fire rescue services, facilities, or and such other expenses as may be necessary or incidental to any related financing authorized by the City Commission by subsequent resolution; (O) a reasonable amount for contingency and anticipated delinquencies and uncollectible Fire Rescue Assessments; and (P) reimbursement to the City or any other Person for any moneys advanced for any costs incurred by the City or such Person in connection with any of the foregoing components of Fire Rescue Assessed Cost. In the event the City also imposes an impact fee upon new growth or development for fire rescue related capital improvements, the Fire Rescue Assessed Cost shall not include costs attributable to capital improvements necessitated by new growth or development that will be paid by such impact fees. "Fiscal Year" means that period commencing October 1st of each year and continuing through the next succeeding September 30th, or such other period as may be prescribed by law as the fiscal year for the City. "Government Property" means property owned by the United States of America or any agency thereof, a sovereign state or nation, the State of Florida or any agency thereof, a county, a special district or a municipal corporation. "Initial Assessment Resolution" means the resolution described in Section 2.02 hereof which shall be the initial proceeding for the identification of the Fire Rescue Assessed Cost for which an assessment is to be made and for the imposition of a Fire Rescue Assessment. "Maximum Assessment Rate" means the highest rate of a Fire Rescue Assessment ~stablished by the City Commission in an Initial Assessment Resolution or Preliminary Rate Resolution and confirmed by the City Commission in the Final Assessment Resolution or Annual Rate Resolution. "Ordinance" means this Fire Rescue Assessment Ordinance. "Owner" shaH mean the Person reflected as the owner of Assessed Property on the Tax Roll. "Person" means any individual, partnership, firm, organization, corporation, association, or any other legal entity, whether singular or plural, masculine or feminine, as the context may require. "Preliminary Rate Resolution" means the resolution described in Section 2.08 hereof initiating the annual process for updating the Assessment Roll and directing the reimposition of Fire Rescue Assessments pursuant to an Annual Rate Resolution. "Property Appraiser" means the Palm Beach County Property Appraiser. "Tax Collector" means the Palm Beach County Tax Collector. "Tax Roll" means the real property ad valorem tax assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Uniform Assessment Collection Act" means sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non-ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Ordinance; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this Ordinance. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained, determined, and declared that: (A) Pursuant to Article VIII, section 2(b), Florida Constitution, and sections 166.021 and 166.041, Florida Statutes, the City Commission has all powers of local self- government to perform municipal functions and to render municipal services in a manner not inconsistent with law, and such power may be exercised by the enactment of City ordinances. (B) The City Commission may exercise any governmental, corporate, or proprietary power for a municipal purpose except when expressly prohibited by law, and the City Commission may legislate on any subject matter on which the Florida Legislature may act, except those subjects described in (a), (b), (c), and (d) of section 166.021(3), Florida Statutes. The subject matter of paragraphs (a), Co), (c), and (d) of section 9 lowers of a municipality of fire rescue ser~ the City; and (3) h Property from the provisi I3), Florida Statutes, are not relevant to the imposition of assessments related to fire services, facilities or programs of the City. (C) The purpose of this Ordinance is to (1) provide procedures and standards the imposition of.city-wide Fire Rescue Assessments under the general home rule ~ impose special assessments; (2) authorize a procedure for the ces, facilities, or programs providing special benefits to property ~gislatively determine the special benefit provided to Assessed m of the City s consolidated fire rescue services. (D) The annual Fire Rescue Assessments, to be imposed using the procedures in this Ordinm and intent of the (E) The Fire R~ in this Ordinance are impo of County Commissioner Property Appraiser and Uniform Assessment Coll, SECTION BENEFIT. It is facilities, and progJ the existence or co: determination: tce, shall constitute non-ad valorem assessments within the Uniform Assessment Collection Act. gcue Assessments to be imposed using the procedures provided sed by the City Commission, not the Palm Beach County Board ~, Property Appraiser or Tax Collector. The duties of the ~ax Collector under the provisions of this Ordinance and the ction Act are ministerial. .04. LEGISLATIVE DETERMINATIONS OF SPECIAL ~reby ascertained and declared that the fire rescue services, · ams provide a special benefit to property that is improved by ~struction of a Building based upon the following legislative fire rescue services possess a logical relationship to the use and l0 enjoyment of improved property by: (1) protecting the value of the improvements and structures through the provision of available fire rescue services; (2) protecting the life and safety of intended occupants in the use and enjoyment of improvements and structures within improved parcels; (3) lowering the cost of fire insurance by the presence of a professional and comprehensive fire rescue program within the City; and (4) containing the spread of fire incidents occurring on vacant property with the potential to spread and endanger the structures and occupants of improved property. ARTICLE II ANNUAL FIRE RESCUE ASSESSMENTS SECTION 2.01. GENERAL AUTHORITY. (A) The City Commission is hereby authorized to impose an annual Fire Rescue to fund all or any portion of the Fire Rescue Assessed Cost upon benefited at a rate of assessment based on the special benefit accruing to such property provision of fire rescue services, facilities, or programs. Ail Fire Rescue Assessments shall be imposed in conformity with the procedures set forth in this Article (B) The amount of the Fire Rescue Assessment imposed in a Fiscal Year against a parcel of Assessed Property shah be determined pursuant to an apportionment methodology based upon a classification of property designed to provide a fair and reasonable apportionment of the Fire Rescue Assessed Cost among properties on a basis related to the special benefit provided by fire rescue services, facilities, or funded with assessment proceeds. (C) Nothing contained in this Ordinance shall be construed to require the ~osition of Fire Rescue Assessments against Government Property. SECTION 2.02. INITIAL PROCEEDINGS. The initial proceeding for the imposition of a Fire Rescue Assessment shall be the adoption of an Initial Assessment by the City Commission, (1) containing a brief and general description of the rescue services, facilities, or programs to be provided, (2) determining the Fire Rescue 12 to be assessed, (3) describing the method of apportioning the Fire Rescue Cost and the computation of the Fire Rescue Assessment for specific properties, establishing an estimated assessment rate for the upcoming Fiscal Year, (5) establishing essment Rate, if desired by the City Commission, and (6) directing the City ia) prepare the initial Assessment Roll, as required by Section 2.03 hereof, (b) the notice required by Section 2.04 hereof, and (c) mail the notice required by ;ection 2.05 hereof using information then available from the Tax Roll. SECTION 2.03. INITIAL ASSESSMENT ROLL. (A) The City Manager shall prepare, or direct the preparation of, the initial which shall contain the following: (1) A summary description of all Assessed Property conforming to the contained on the Tax Roll. (2) The name of the Owner of the Assessed Property. (3) The amount of the Fire Rescue Assessment to be imposed against each such ~arcel of Assessed Property. (B) The initial Assessment Roll shall be retained by the City Manager and shall ,e open to public inspection. The foregoing shall not be construed to require that the Roll be in printed form if the amount of the Fire Rescue Assessment for each of property can be determined by use of a computer terminal available to the public. SECTION 2.04. NOTICE BY PUBLICATION. Upon completion of the initial the City Manager shall publish, or direct the publication of, once in a of general circulation within the City a notice stating that at a meeting of the City Commission on a certain day and hour, not earlier than 20 calendar days from such which meeting shall be a regular, adjourned, or special meeting, the City will hear objections of aH interested persons to the Final Assessment shall establish the rate of assessment and approve the aforementioned initial Assessment Roll. The published notice shall conform to the requirements set forth the Uniform Assessment Collection Act. Such notice shall include (A) a geographic depiction of the property subject to the Fire Rescue Assessment; (B) a brief and general description of the fire rescue services, facilities, or programs to be provided; (C) the rate of assessment including a Maximum Assessment Rate in the event one was adopted; (D) the procedure for objecting provided in Section 2.06 hereof; (E) the method by which the Fire Rescue Assessment will be collected; and (F) a statement that the Initial Assessment Roll is available for inspection at the office of the City Manager and aH interested persons may ascertain the amount to be assessed against a parcel of Assessed Property at the office of the City Manager. SECTION 2.05. NOTICE BY MAIL. (A) In addition to the published notice required by Section 2.04, the City Manager shall provide notice, or direct the provision of notice, of the proposed Fire Rescue Assessment by first class mail to the Owner of each parcel of property (except Government Property) subject to the Fire Rescue Assessment. Such notice shah include (1) the purpose of the Fire Rescue Assessment; (2) the rate of assessment to be levied against each parcel 14 including a Maximum Assessment Rate in the event one was adopted; (3) the of measurement applied to determine the Fire Rescue Assessment; (4) the number of each parcel of property; (5) the total revenue to be collected by the ~ from the Fire Rescue Assessment; (6) a statement that failure to pay the Fire Rescue will cause a tax certificate to be issued against the property or foreclosure be instituted, either of which may result in a loss of title to the property; (7) statement that all affected Owners have a right to appear at the hearing and to file objections with the City Commission within 20 days of the notice; and (8) the date, and place of the hearing. The mailed notice shall conform to the requirements set in the Uniform Assessment Collection Act. Notice shall be mailed at least 20 calendar prior to the hearing to each Owner at such address as is shown on the Tax Roll. shah be deemed mailed upon delivery thereof to the possession of the United States Service. The City Manager may provide proof of such notice by affidavit. Failure the Owner to receive such notice due to mistake or inadvertence shall not affect the of the Assessment Roll nor release or discharge any obligation for payment of a Rescue Assessment imposed by the City Commission pursuant to this Ordinance. (B) Pursuant to Chapter 92-264, Laws of Florida, a special act relating to the Commission shah provide notice in addition to the first class marled notice in subsection (A) of this Section 2.05. This additional notice sh all be mailed by Property Appraiser and included as a part of the notice of proposed property taxes section 200.069, Florida Statutes, the truth-in millage notification. The City 15 provide to the Property Appraiser, no later than August 1 of each year, the Rescue Assessment rate expressed in dollars and cents per billing unit, the associated Rescue Assessment amount, and the purpose of the Fire Rescue Assessment. The lude notice of the Fire Rescue Assessment in the manner by Chapter 92-264, Laws of Florida. SECTION 2.06. ADOPTION OF FINAL ASSESSMENT RESOLUTION. At public hearing as noticed pursuant to Sections 2.04 and 2.05 hereof, or to which an ournment or continuance may be taken by the City Commission, the City Commission receive any oral or written objections of interested persons and may then, or at any meeting of the City Commission adopt the Final Assessment Resolution which (A) confirm, modify, or repeal the Initial Assessment Resolution with such if any, as may be deemed appropriate by the City Commission; (B) establish rate of assessment to be imposed in the upcoming Fiscal Year; (C) establish a Assessment Rate that may be imposed in the event such rate was adopted; (D) the initial Assessment Roll, with such amendments as it deems just and right; and determine the method of collection. The adoption of the Final Assessment Resolution the City Commission shall constitute a legislative determination that all parcels assessed derive a special benefit from the fire rescue services, facilities, or programs to be provided constructed and a legislative determination that the Fire Rescue Assessments are fairly and reasonably apportioned among the properties that receive the special benefit. All objections to the Final Assessment Resolution shall be filed with the City Manager the time or adjourned time of such hearing. The Final Assessment Resolution shah constitute the Annual Rate Resolution for the initial Fiscal Year in which Fire Rescue are imposed or reimposed hereunder. SECTION 2.07. EFFECT OF FINAL ASSESSMENT RESOLUTION. The Fire Rescue Assessments for the initial Fiscal Year shall be established upon adoption of Final Assessment Resolution. The adoption of the Final Assessment Resolution shall )e the final adjudication of the issues presented (including, but not limited to, the determination of special benefit and fair apportionment to the Assessed Property; the method of apportionment and assessment; the initial rate of assessment; the Maximum Rate, if any; the initial Assessment Roll; and the levy and Hen of the Fire Assessments), unless proper steps shall be initiated in a court of competent urisdiction to secure relief within 20 days from the date of the City Commission action on Final Assessment Resolution. The initial Assessment Roll, as approved by the Final Assessment Resolution, shah be delivered to the Tax Collector, as required by the Uniform Collection Act, or if the alternative method described in Section 3.02 hereof is used to collect the Fire Rescue Assessments, such other official as the City Commission by resolution shall designate. SECTION 2.08. ADOPTION OF ANNUAL RATE RESOLUTION. (A) The City Commission shall adopt an Annual Rate Resolution during its adoption process for each Fiscal Year following the initial Fiscal Year for which a Fire Rescue Assessment is imposed hereunder. 17 (B) The initial proceedings for the adoption of an Annual Rate Resolution shall be the adoption of a Preliminary Rate Resolution by the City Commission (1) containing a brief and general description of the fire rescue services, facilities, or programs to be provided; (2) determining the Fire Rescue Assessed Cost to be assessed for the upcoming Fiscal Year; (3) establishing the estimated assessment rate for the upcoming Fiscal Year; (4) establishing or increasing a Maximum Assessment Rate, if desired by the City Commission; (5) authorizing the date, time, and place of a public hearing to receive and consider comments from the public and consider the adoption of the Annual Rate Resolution for the upcoming Fiscal Year; and (6) directing the City Manager to (a) update the Assessment Roll, (b) provide notice by publication and first class mail to affected in the event circumstances described in subsection (F) of this Section so require, and (c) directing and authorizing any supplemental or additional notice deemed proper, necessary or convenient by the City. (C) The Annual Rate Resolution shall (1) establish the rate of assessment to be imposed in the upcoming Fiscal Year and (2) approve the Assessment Roll for the upcoming Fiscal Year with such adjustments as the City Commission deems just and right. The Assessment Roll shall be prepared in accordance with the method of apportionment set forth in the Initial Assessment Resolution, or any subsequent Preliminary Rate Resolution, together with modifications, if any, that are provided and confirmed in the Final Assessment Resolution or any subsequent Annual Rate Resolution. (D) Nothing herein shall preclude the City Commission from providing annual to all Owners of Assessed Property in the manner provided in Sections 2.04 and/or 2.05 hereof or any other method as provided by law. (E) The City Commission may establish or increase a Maximum Assessment in an Initial Assessment Resolution or Preliminary Rate Resolution and confirm such Assessment Rate in the event notice of such Maximum Rate Assessment has included in the notices required by Section 2.04 and 2.05 hereof. (F) In the event (1) the proposed Fire Rescue Assessment for any Fiscal Year exceeds the rates of assessment adopted by the City Commission including a Maximum Rate, if any, that were listed in the notices previously provided to the Owners pursuant to Sections 2.04 and 2.05 hereof, (2) the purpose for which Fire Rescue Assessment is imposed or the use of the revenue from the Fire Rescue is substantially changed from that represented by notice previously provided Owners of Assessed Property pursuant to Sections 2.04 and 2.05 hereof, (3) Assessed is reclassified or the method of apportionment is revised or altered resulting in an increased Fire Rescue Assessment from that represented by notice previously provided the Owners of Assessed Property pursuant to Sections 2.04 and 2.05 hereof, or (4) an Roll contains Assessed Property that was not included on the Assessment Roll for the prior Fiscal Year, notice shah be provided by publication and first class to the Owners of such Assessed Property as provided by la~v. Such notice shall ~ubstantially conform with the notice requirements set forth in Sections 2.04 and 2.05 inform the Owner of the date, time, and place for the adoption of the Annual The failure of the Owner to receive such notice due to mistake or inadvertence, shah not affect the validity of the Assessment Roll nor release or discharge any obligation for payment of a Fire Rescue Assessment imposed by the City Commission to this Ordinance. (G) As to any Assessed Property not included on an Assessment Roll approved by the adoption of the Final Assessment Resolution or a prior year's Annual Rate Resolution, the adoption of the succeeding Annual Rate Resolution shall be the final adjudication of the issues presented as to such Assessed Property (including, but not limited to, the determination of special benefit and fair apportionment to the Assessed Property, the method of apportionment and assessment, the rate of assessment, the establishment or increase of a Maximum Assessment Rate, the Assessment Roll, and the levy and lien of the Fire Rescue Assessments), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of the City Commission action on the Annual Rate Resolution. Nothing contained herein shall be construed or interpreted to affect the finality of any Fire Rescue Assessment not challenged within the required 20-day period for those Fire Rescue Assessments previously imposed against Assessed Property by the inclusion of the Assessed Property on an Assessment Roll approved in the Final Assessment Resolution or any subsequent Annual Rate Resolution. (H) The Assessment Roll, as approved by the Annual Rate Resolution, shah be delivered to the Tax Collector as required by the Uniform Assessment Collection Act, or 20 the alternative method described in Section 3.02 hereof is used to collect the Fire Rescue such other official as the City Commission by resolution shah designate. If Assessment against any property shah be sustained, reduced, or abated by an adjustment shah be made on the Assessment Roll. SECTION 2.09. LIEN OF FIRE RESCUE ASSESSMENTS. Upon the of the Assessment Roll, all Fire Rescue Assessments shah constitute a Hen against Assessed Property equal in rank and dignity with the Hens of aH state, county, district, or municipal taxes and special assessments. Except as otherwise provided by law, such lien be superior in dignity to all other prior Hens, mortgages, rifles, and claims, until paid. The Hen for a Fire Rescue Assessment shall be deemed perfected upon the City Commission's adoption of the Final Assessment Resolution or the Annual Rate Resolution, is applicable. The lien for a Fire Rescue Assessment collected under the ssessment Collection Act shah attach to the property included on the Assessment Roll as of the prior January 1, the lien date for ad valorem taxes imposed under the Tax The lien for a Fire Rescue Assessment collected under the alternative method of collection provided in Section 3.02 shall be deemed perfected upon the City Commission's adoption of the Final Assessment Resolution or the Annual Rate Resolution, whichever is applicable, and shall attach to the property on such date of adoption. SECTION 2.10. REVISIONS TO FIRE RESCUE ASSESSMENTS. If any Rescue Assessment made under the provisions of this Ordinance is either in whole or in part annulled, vacated, or set aside by the judgment of any court, or if the City is satisfied that any such Fire Rescue Assessment is so irregular or defective that the same cannot be enforced or collected, or if the City Commission has failed to include or omitted any property on the Assessment Roll, which property should have been so included, the City Commission may take all necessary steps to impose a new Fire Rescue gainst any property benefited by the Fire Rescue Assessed Costs, following as nearly as may be practicable, the provisions of this Ordinance and in case such second Rescue Assessment is annulled, vacated, or set aside, the City Commission may obtain and impose other Fire Rescue Assessments until a valid Fire Rescue Assessment is imposed. SECTION 2.11. PROCEDURAL IRREGULARITIES. Any informality or irregularity in the proceedings in connection with the levy of any Fire Rescue Assessment under the provisions of this Ordinance shall not affect the validity of the same after the approval thereof, and any Fire Rescue Assessment as finally approved shall be competent and sufficient evidence that such Fire Rescue Assessment was duly levied, that the Fire Rescue Assessment was duly made and adopted, and that all other proceedings adequate to such Fire Rescue Assessment were duly had, taken, and performed as required by this Ordinance; and no variance from the directions hereunder shall be held material unless it be clearly shown that the party objecting was materially injured thereby. 22 SECTION 2.12. CORRECTION OF ERRORS AND OMISSIONS. (A) No act of error or omission on the part of the Property Appraiser, Tax , City Manager, City Commission, or their deputies or employees, shall operate or discharge any obligation for payment of a Fire Rescue Assessment imposed the City Commission under the provision of this Ordinance. (B) When it shall appear that any Fire Rescue Assessment should have been under this Ordinance against a parcel of property specially benefited by the · ' of fire rescue services, facilities, or programs, but that such property was omitted Assessment Roll; or such property was erroneously assessed; or was not listed on Tax Roll as an individual parcel of property as of the effective date of the Assessment approved by the Annual Rate Resolution for any upcoming Fiscal Year, the City may, upon provision of a notice by mail provided to the Owner of the omitted erroneously assessed parcel in the manner and form provided in Section 2.05, impose applicable Fire Rescue Assessment for the Fiscal Year in which such error or omission discovered, in addition to the applicable Fire Rescue Assessment due for the prior two Years. Such Fire Rescue Assessment shall constitute a lien against Assessed ual in rank and dignity with the liens of all state, county, district, or municipal and special assessments, and superior in rank and dignity to all other prior liens, titles, and claims in and to or against the real property involved, shall be as provided in Article III hereof, and shall be deemed perfected on the date of of the resolution imposing the omitted or delinquent assessments. 23 (C) Prior to the delivery of the Assessment Roll to the Tax Collector in Uniform Assessment Collection Act, the City Manager shall have the )wn initiative or in response to a timely filed petition from the Owner of any property subject to a Fire Rescue Assessment, to reclassify property upon presentation of competent and substantial evidence, and correct any error in applying the Fire Rescue Assessment apportionment method to any particular parcel of not otherwise requiring the provision of notice pursuant to the Uniform Collection Act. Any such correction shall be considered valid ab initio and no way affect the enforcement of the Fire Rescue Assessment imposed under the provisions of this Ordinance. All requests from affected property owners for any such changes, modifications or corrections shall be referred to, and processed by, the City Manager and not the Property Appraiser or Tax Collector. (D) After the Assessment Roll has been delivered to the Tax Collector in accordance with the Uniform Assessment Collection Act, any changes, modifications, or corrections thereto shall be made in accordance with the procedures applicable to correcting errors and insolvencies on the Tax Roll upon timely written request and direction of the City Manager. SECTION2.13. INTERIM ASSESSMENTS. An interim Fire Rescue Assessment may be imposed against all property for which a Certificate of Occupancy is issued after the adoption of the Annual Rate Resolution. The amount of the interim Fire Rescue Assessment shall be calculated upon a monthly rate, which shall be one-tweffth of 24 annual rate for such property computed in accordance with the Annual Rate for the Fiscal Year for which the interim Fire Rescue Assessment is being Dosed. Such monthly rate shall be imposed for each full calendar month remaining in Year. In addition to the monthly rate, the interim Fire Rescue Assessment may estimate of the subsequent Fiscal Year's Fire Rescue Assessment. Issuance Certificate of Occupancy without the payment in full of the interim Fire Rescue shall not relieve the Owner of such property of the obligation of full payment. Any interim Fire Rescue Assessment not collected prior to the issuance of the Certificate Occupancy may be collected pursuant to the Uniform Assessment Collection Act as ~rovided in Section 3.01 of this Ordinance, under the alternative collection method in Section 3.02 or by any other method authorized by law. Any interim Fire Assessment shall be deemed due and payable on the date the Certificate of was issued and shall constitute a lien against such property as of that date. Said lien shall be equal in rank and dignity with the liens of all state, county, district or · ' taxes and special assessments, and superior in rank and dignity to all other liens, :es, titles and claims in and to or against the real property involved and shall perfected upon the issuance of the Certificate of Occupancy. 25 ARTICLE III COLLECTION AND USE OF FIRE RESCUE ASSESSMENTS SECTION 3.01. METHOD OF COLLECTION. (A) Unless otherwise directed by the City Commission, the Fire Rescue shall be collected pursuant to the uniform method provided in the Uniform Collection Act, and the City shaH comply with all applicable provisions of the Collection Act. Any hearing or notice required by this Ordinance be combined with any other hearing or notice required by the Uniform Assessment Act or other provision of law. (B) The amount of a Fire Rescue Assessment to be collected using the uniform pursuant to the Uniform Assessment Collection Act for any specific parcel of property may include an amount equivalent to the payment delinquency, fees and recording costs for a prior year's assessment for a comparable or program provided, (1) the collection method used in connection with the prior year's assessment did not employ the use of the uniform method of collection authorized by the Uniform Assessment Collection Act, (2) notice is provided to the Owner as required under the Uniform Assessment Collection Act, and (3) any lien on the affected parcel for the prior year's assessment is supplanted and transferred to such Fire Rescue Assessment upon certification of a non-ad valorem roll to the Tax Collector by the City. SECTION 3.02. ALTERNATIVE METHOD OF COLLECTION. In lieu of using the Uniform Assessment Collection Act, the City Commission may elect to collect the 26 ~ Assessments by any other method which is authorized by law or under the provided by this Section: (A) The City Commission shall provide Fire Rescue Assessment bills by first mail to the Owner of each affected parcel of property, other than Government The bill or accompanying explanatory material shall include (1) a brief danation of the Fire Rescue Assessment, (2) a description of the unit of measurement to determine the amount of the Fire Rescue Assessment, (3) the number of units within the parcel, (4) the total amount of the Fire Rescue Assessment imposed the parcel for the appropriate period, (5) the location at which payment will be (6) the date on which the Fire Rescue Assessment is due, and (7) a statement that Fire Rescue Assessment constitutes a lien against Assessed Property equal in rank and with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. (B) The City Commission shah have the right to foreclose and collect all uent Fire Rescue Assessments in the manner provided by law for the foreclosure of on real property or appoint or retain an agent to institute such foreclosure and proceedings. A Fire Rescue Assessment shah become delinquent if it is not paid 30 days from the date payment was due, as identified in accordance with paragraph (A)(6) of this Section. The City Commission or its agent shall notify any property owner is delinquent in payment of his or her Fire Rescue Assessment within 60 days from the date such assessment was due. Such notice shall state in effect that the City Commission its agent will either (1) initiate a foreclosure action or suit in equity and cause the of such property subject to a delinquent Fire Rescue Assessment in a method or hereafter provided by law for foreclosure of mortgages on real property, or (2) an amount equivalent to the delinquent Fire Rescue Assessment, not previously subject to collection using the uniform method under the Uniform Assessment Collection to be collected on the tax bill for a subsequent year. (C) All costs, fees and expenses, including reasonable attorney fees and title ~earch expenses, related to any foreclosure action as described herein shall be included in judgment or decree rendered therein. At the sale pursuant to decree in any such action, the City may be the purchaser to the same extent as any Person. The City Commission or its agent may join in one foreclosure action the collection of Fire Rescue against any or all property assessed in accordance with the provisions hereof. All delinquent Owners whose property is foreclosed shall be liable for an apportioned amount of reasonable costs and expenses incurred by the City Commission and its agents, g reasonable attorney fees, in collection of such delinquent Fire Rescue Assessments and any other costs incurred by the City Commission as a result of such delinquent Fire Rescue Assessments and the same shall be collectible as a part of or in addition to, the costs of the action. (D) In lieu of foreclosure, any delinquent Fire Rescue Assessment and the costs, fees and expenses attributable thereto, may be collected pursuant to the Uniform Assessment Collection Act; provided however, that (1) notice is provided to the Owner in 28 manner required by the Uniform Assessment Collection Act and this Ordinance, and any existing lien of record on the affected parcel for the delinquent Fire Rescue is supplanted by the lien resulting from certification of the Assessment Roll, applicable, to the Tax Collector. (E) Notwithstanding the City Commission's use of an alternative method of City Manager shall have the same power and authority to correct errors and s as provided to him or other City officials in Section 2.12 hereof. (F) Any City Commission action required in the collection of Fire Rescue be by resolution. SECTION 3.03. GOVERNMENT PROPERTY. (A) In the event Fire Rescue Assessments are imposed against Government the City Commission shall provide Fire Rescue Assessment bills by first class to the Owner of each affected parcel of Government Property. The bill or accompanying explanatory material shah include (1) a brief explanation of the Fire Rescue Assessment, (2) a description of the unit of measurement used to determine the amount of the Fire Rescue Assessment, (3) the number of units contained within the parcel, (4) the total amount of the parcel's Fire Rescue Assessment for the appropriate period, (5) the location at which payment will be accepted, and (6) the date on which the Fire Rescue Assessment is due. 29 (B) Fire Rescue Assessments imposed against Government Property shall be due the same date as all other Fire Rescue Assessments and, if applicable, shall be subject the same discounts for early payment. (C) A Fire Rescue Assessment shall become delinquent if it is not paid within 30 from the date payment was due, as identified in paragraph (A)(6) of this Section. The ~ Commission shall notify the Owner of any Government Property that is delinquent payment of its Fire Rescue Assessment within 60 days from the date such assessment was Such notice shall state that the City Commission will initiate a mandamus or other judicial action to compel payment. (D) All costs, fees and expenses, including reasonable attorney fees and title ;earch expenses, related to any mandamus or other action as described herein shall be in any judgment or decree rendered therein. AH delinquent Owners of Property against which a mandamus or other appropriate action is filed shall liable for an apportioned amount of reasonable costs and expenses incurred by the City, g reasonable attorney fees, in collection of such delinquent Fire Rescue any other costs incurred by the City Commission as a result of such Fire Rescue Assessments and the same shall be collectible as a part of or in addition to, the costs of the action. (E) As an alternative to the foregoing, a Fire Rescue Assessment imposed against Government Property may be collected as a surcharge on a utility bill provided to such Government Property in periodic installments with a remedy of a mandamus action in the 30 The City. Commission may contract for such billing services with any utility, whether or not such utility is owned by the City. ARTICLE IV GENERAL PROVISIONS SECTION 4.01. APPLICABILITY. This Ordinance and the City Commission's authority to impose assessments pursuant hereto shall be applicable throughout the City. SECTION 4.02. ALTERNATIVE METHOD. (A) This Ordinance shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as ;upplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This Ordinance, being necessary for the welfare of the inhabitants of the City, shall be liberally construed to effect the purposes hereof. (B) Nothing herein shall preclude the City Commission from directing and authorizing, by resolution, the combination with each other of (1) any supplemental or additional notice deemed proper, necessary, or convenient by the City, (2) any notice required by this Ordinance, or (3) any notice required by law, including the Uniform Assessment Collection Act. SECTION 4.03. SEVERABILITY. The provisions of this Ordinance are severable; and if any section, subsection, sentence, clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this Ordinance shall not be affected thereby. 32 SECTION4.04. EFFECTIVE DATE. This Ordinance shall take effect upon its passage and adoption on the second and final reading. PASSED AND ADOPTED on First Reading on the 3rd day of July, 2001. PASSED AND ADOPTED on Second Reading and Final Reading on the llth day 2001. ~e Mayor · Commissioner Co ' ' ~ II ~ ~· 'F~ Cornm/ssioner._~ (.~ I I~it/v Clerk /lltilll Iltg~~xx' 33