02-26-2018 - SpecialCity Council - Special Meeting
City of Edgewater
Meeting Agenda
104 N. Riverside Drive
Edgewater, FL 32132
Council Chambers6:30 PMMonday, February 26, 2018
Consider Nuisance Code Abatement Non-Ad Valorem
We respectfully request that all electronic devices are set for no audible notification.
1. CALL TO ORDER, ROLL CALL
2. CITIZEN COMMENTS
This is the time for the public to come forward with any comments they may have.
Citizen comments relating to any agenda matter may be made at the time the matter is
before Council. Please state your name and address, and please limit your comments to
three (3) minutes or less.
3. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
a.Resolution 2018-R-03 - A Resolution Authorizing and Electing to Utilize the Uniform Method of
Collecting Non-Ad Valorem Assessments for the collection of Code Enforcement costs incurred by
the City for the abatement or remedy of code violations or the removal of nuisance structures which
are not reimbursed by the property owner
2018-R-03 Code-NuisanceNonAdValoremAttachments:
4. CITIZEN COMMENTS
5. ADJOURN
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any
matter considered at a meeting or hearing, that individual will need a record of the proceedings and
will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or
provide such record.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any
of these proceedings should contact City Clerk/Paralegal Robin L. Matusick , 104 N. Riverside Drive,
Edgewater, Florida, telephone number 386-424-2400 x 1102, 5 days prior to the meeting date. If you
are hearing or voice impaired, contact the relay operator at 1-800-955-8771.
Page 1 City of Edgewater Printed on 2/22/2018
City of Edgewater
Legislation Text
104 N. Riverside Drive
Edgewater, FL 32132
File #:2018-R-03,Version:1
COUNCIL AGENDA ITEM
SUBJECT:
Resolution 2018-R-03 -A Resolution Authorizing and Electing to Utilize the Uniform Method of Collecting
Non-Ad Valorem Assessments for the collection of Code Enforcement costs incurred by the City for the
abatement or remedy of code violations or the removal of nuisance structures which are not reimbursed by the
property owner
DEPARTMENT:
City Manager
SUMMARY:
The adoption of this Resolution will permit the City of Edgewater to use the uniform method for collecting non
-ad valorem special assessments for reimbursement for the costs the City has incurred by correcting code
enforcement violations to property or removing nuisance structures within the incorporated area of the City.
Such program will further the intent of Section 10-341 of the Code of Ordinances that states the intent of code
enforcement is to promote,protect and improve the health,safety,welfare and to safeguard property values of
the citizens of the city by providing an equitable,expeditious,effective and inexpensive method of enforcing
the various codes of the city.
Currently we have determined there are numerous code violations that must be corrected by the City with the
utilization of City funds to correct the violation(s)and such costs are not reimbursed by the property owner in a
timely manner.Such burden of the City finances further creates additional burden on the City to complete other
necessary projects and the ability to correct other code violations creating harm and nuisance to the City.
A property owner whose property is benefitted by the expenditure of public funds to either repair code
violations or remove nuisance structures has received a benefit unique and different from other property owners
in the City and should be responsible to repay the City for the public funds expended.In order to collect costs
and expenses not paid in a timely manner by property owners,the City Council should find that it is fair and
equitable to levy a non-ad valorem assessment to reimburse the City for costs and expenses incurred when the
City either corrects code violations on the property or demolishes a nuisance structure in accordance with the
Code of Ordinances.
BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable
BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable
RECOMMENDED ACTION:
Motion to approve Resolution 2018-R-03
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2018-R- 03
RESOLUTION NO. 2018-R-03
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA, ADOPTED PURSUANT TO FLORIDA
STATUTE SECTION 197.3632(3)(a) AUTHORIZING AND
ELECTING TO UTILIZE THE UNIFORM METHOD OF
COLLECTING NON-AD VALOREM ASSESSMENTS FOR
THE COLLECTION OF CODE ENFORCEMENT COSTS
INCURRED BY THE CITY FOR THE ABATEMENT OR
REMEDYING OF CODE VIOLATIONS OR THE
REMOVAL OF NUISANCE STRUCTURES WHICH ARE
NOT REIMBURSED BY THE PROPERTY OWNER
WITHIN THE ENTIRE CITY LIMITS OF THE CITY OF
EDGEWATER COMMENCING WITH THE 2017-2018
FISCAL YEAR AND EACH FISCAL YEAR THEREAFTER;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTING RESOLUTIONS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Edgewater is contemplating the imposition of special
assessments for the provision of non-ad valorem assessments for the reimbursement of costs
associated with correcting code enforcement violations; and
WHEREAS, Section 10-341 of the Code of Ordinances states that the intent of code
enforcement is to promote, protect and improve the health, safety, welfare and to safeguard
property values of the citizens of the city by providing an equitable, expeditious, effective and
inexpensive method of enforcing the various codes of the city; and
WHEREAS, Section 10-343 of the Code of Ordinances provides that the Special
Master may issue orders having the effect of law to authorize corrective action to remedy code
violations; and
WHEREAS, Section 10-40 of the Code of Ordinances authorizes the City Council to
demolish nuisance properties.
WHEREAS, a property owner whose property is benefitted by the expenditure of
public funds to either repair code violations or remove nuisance struc tures has received a
benefit unique and different from other property owners in the City and should be responsible
to repay the City for the public funds expended.
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2018-R- 03
WHEREAS, in order to collect costs and expenses not paid in a timely manner by
property owners, the City Council finds that it is fair and equitable to levy a non-ad valorem
assessment to reimburse the City for costs and expenses incurred when the City either corrects
code violations on the property or demolishes a nuisance structure in accordance with the Code of
Ordinances; and
WHEREAS, the City intends to use the uniform method for collecting non-ad valorem
special assessments for reimbursement for the costs the City has incurred by correcting code
enforcement violations to property or removing nuisance structures within the
incorporated area of the City as authorized by Section 197.3632, Florida Statutes, as amended;
and
WHEREAS, this method allows said special assessments on properties with code
violations that have been repaired or nuisance structures removed with public funds to be collected
annually commencing in November 2018, in the same manner as provided for ad valorem taxes;
and
WHEREAS, the City held a duly advertised public hearing prior to the adoption of
this Resolution, proof of publication of such hearing is attached to and incorporated herein as
Exhibit “A”.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EDGEWATER, FLORIDA:
Section 1. Commencing with the Fiscal Year beginning on October 1, 2018, and with
the tax statement mailed for such Fiscal Year, and continuing thereafter until discontinued,
the City of Edgewater, intends to use the uniform method of collecting non-ad valorem
assessments authorized pursuant to Section 197.3632, Florida Statutes, as amended for
reimbursement for the cost that the City has incurred to correct code violations or remove
nuisance structures on property within the incorporated area of the City. Such non-ad valorem
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2018-R- 03
assessments shall be levied within the incorporated area of the City. A legal description of
such area subject to the assessment is attached hereto and incorporated herein as Exhibit “B”.
Section 2. The City hereby determines that a non-ad valorem special assessment for
situations where the city has corrected code violations or demolished nuisance structures with
public funds is necessary in order to obtain reimbursement owed to the City to financially permit
and enable the City to continue the mitigation of code violations and nuisance structures on
properties within the City.
Section 3. The City Commission intends to use and will continue, year-to-year, to use
this uniform method of collecting non-ad valorem assessments for the reimbursement of
expenses incurred by the City for the correction of code violations or the removal of nuisance
structures until otherwise determined or discontinued by the City Council.
Section 4. Upon adoption, the City Clerk is hereby directed to send a certified
copy of this Resolution by United States mail to the Florida Department of Revenue, the
Volusia county Tax Collector and the Volusia County Property Appraiser by March 10, 2018.
Section 5. All resolutions or parts of resolutions in conflict herewith be and the
same are hereby repealed.
Section 6. This resolution shall take effect upon adoption.
Section 7. This resolution shall take effect upon adoption.
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2018-R- 03
After a motion by with second
by , the vote on
this resolution held on February 26, 2018 was as follows:
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Amy Vogt
Councilman Dan Blazi
Councilman Gary Conroy
PASSED AND DULY ADOPTED this 26th day of February, 2018.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Robin L. Matusick Mike Ignasiak
City Clerk/Paralegal Mayor
For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of
Edgewater Florida. Approved as to form and legality by: at a meeting held on this 26th day of February 2018.
Aaron R. Wolfe, Esquire City Attorney
Doran, Sims, Wolfe & Ciocchetti
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2018-R- 03
EXHIBIT A
CITY OF EDGEWATER
PROOF OF HEARING PUBLICATION
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2018-R- 03
EXHIBIT B
CITY OF EDGEWATER
LEGAL DESCRIPTION