HomeMy WebLinkAboutO-1996-010oRD|NANCE NO. 10_ j!
AN ORDINANCE OF THE CITY OF DANIA, FLORIDARELATING TO THE PROVISION OF FIRE RESCUE
SERVICES, FACILITIES, AND PROGRAMS IN THE CITYOF DANIA, FLORIDA; AUTHORTZTNG THE tMpOStTtONAND COLLECTION OF FIRE RESCUE ASSESSMENTSAGAINST PROPERTY THROUGHOUT THE CITY OFDANIA; PROVID|NG CERTATN DEF|NtTtONS ANDDEFINING THE TERM ''FIRE RESCUE ASSESSMENT'';
ESTABLISHING THE PROCEDURES FOR IMPOSING FIRERESCUE ASSESSMENTS; PROVIDING THAT FIRERESCUE ASSESSMENTS CONSTITUTE A LIEN ONASSESSED PROPERTY UPON ADOPTION OF
ASSESSMENT ROLL; PROVIDING THAT THE LIEN FoR A
FIRE RESCUE ASSESSMENT COLLECTED PURSUANT TO
SECTIONS 197.3632 AND 197.3635, FLORIDA STATUTES,
UPON PERFECTION SHALL ATTACH TO THE PROPERTY
ON THE PRIOR JANUARY 1, THE LIEN DATE FOR ADVALOREM TAXES; PROVIDING THAT A PERFECTED LIEN
SHALL BE EQUAL IN RANK AND DIGNITY WITH THELIENS OF ALL STATE, COUNTY, DISTRICT, OR
MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR
IN DIGNIry TO ALL OTHER PRIOR LIENS, MORTGAGES,
TITLES, AND CLAIMS; AUTHORTZTNG THE tMpOStTtON
OF INTERIM ASSESSMENTS; PROV|DING PROCEDURES
FOR COLLECTION OF FIRE RESCUE ASSESSMENTS;
PROVIDING A MECHANISM FOR THE IMPOSITION OFASSESSMENTS ON GOVERNMENT PROPERTY;
PROVIDING THAT ALL ORDINANCES AND PARTS OF
ORDINANCES AND ALL RESOLUTIONS AND PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT; AND PROV|D|NG
AN EFFECTIVE DATE.
1
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
ARTICLE I
INTRODUCTION
sEcrloN '1.01. DEFrNlfloNS. As used in this ordinance, the foilowing words
and terms shall have the following meanings, unless the context clearly otherwrse
requrres
"Annual Rate Resolution" means the resolution descrrbed in Section 2.0g
hereof, establishing the.ate at which a Fire Rescue Assessment for a specific Fiscal
Year will be computed. l'he Final Assessment Resolution shall constrtute the Annual
Rate Resolution for the initial Frscal year in which a Fire Rescue Assessment is imposerj
or reimposed.
"Assessed Property" means all parcels of land includeo on the Assessment Roll
that receive a special benefit from the delivery of the fire rescue services, prograrns or
facilities identified in the lnitial 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 rnobile
homes. This term shall include the use of land in which lot or spaces are offered for
use, rent or lease for the placement of mobile homes, travel trailers, or the like for
residential purposes.
"Certificate of Occupancy" means the wriften certification lssued 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 Dania, Florida.
"City Clerk" means the City official described in Part lll, Article 4 of the City
Charter, or her designee.
"City Commission" means the governing body of the City of Dania, Florida.
"Final Assessment Resolution" means the resolution described in Section 2.06
hereof which shall confirm, modifo, or repeal the lnitial Assessment Resolution and which
shall be the final proceeding for the initial imposition of Fire Rescue Assessments.
"Fire Rescue Assessmenf' means a special assessment lawfully imposed by the
City 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 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
J
the provision 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; (l) the cost of uniforms, kaining, 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-set discounts received for early
payment of Fire Rescue Assessments pursuant to the Uniform 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 incidental to the acquisition,
provision, or construction of fire rescue services, facilities, or programs, and such other
4
expenses as may be necessary or incidental to any related frnarrcing authorized by the
city commission by subsequent resolution; (o) a reasonable amount for contingency
and anticipated delinquencies and uncollectrble Fire Rescue Assessments: and (p)
reimbursement to the city or any other Person for any moneys advanced for any costs
incuirred by the city or such Person in connection with any of the foregoing components
of Fire Rescue Assessed cost. ln the event the city also imposes an impact fee upon
new groMh or development for fire rescue related capital improvements, the Fire Rescue
Assessed Cost shall not include costs attributable to capital tmprovements necessitated
by new growth or development.
"Fiscal Year" means that period conrmencing October 1st of eact, year and
corrtinuing through the next succeeding september 30th, or such r:ther perioc! as may
be prescribed by iaw as the fiscal year for the City.
"Govemment Property" means property cwned by the United States of America
oi'any agency thereof, a sovereign state or nation, the State of Florida or any agency
thereof, a county, a special dlstrict or a,.nunicipal corporation.
"lnitial Assessment Resolution" means the resolution described in Section 2.02
hereof which shall be the initial proceeding for the identificatron of the Fire Rescue
Assessed Cost for which an assessrnent is to be made and for the irnoosition of a Fire
Rescue Assessment.
"Ordinance" means this Fire Rescue Assessment Ordinance.
"Owne/' shall 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 2.09
hereof initiating the annual process for updating the Assessment Roll and directing the
reimposition of Fire Rescue Assessments pursuant to an Annual Rale Resolution.
"Property Appraiser" means the Broward County Property Appraiser.
"Tax Collector" means the Department of Finance and Adminiskative Services
as described in Article lV of the Broward County Charter.
"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 1gZ .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
6
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. tt is hereby ascertained, determined,
and declared that:
(A) Pursuant to Article Vlll, 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 except when
prohibited by law, and such power may be exercised by the enactment of legislation in
the form 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), (b), (c), and (d) of
section 166.021(3), Florida statutes, are not relevant to the imposition of assessments
related to fire rescue services, facilities or programs of the City.
(C) The purpose of this Ordinance is to (1) provide procedures and standards
for the imposition of city-wide Fire Rescue Assessments under the general home rule
powers of a municipality to impose special assessments; (2) authorize a procedure for
the funding of fire rescue services, facilities, or programs providing special benefits to
property within the City; and (3) legislatively determine the special benefit provided to
7
Assessed Property from the provision of combined fire control and emergency medical
services by the City urrder its consolidatetl fire rescue program.
(D) The annual Fire Rescue Assessments to be imposed pursuant to this
Ordinance shall constitute non-ad valorem assessments within the meaning and intent
of the Uniform Assessment Collection Act.
(E) The Fire Rescue Assessment iinposed pursuant to this Ordinance is
imposed by the City Commission. not the Broward County Board of County
Clornnrissioners, Property Appraiser or Tax Coliector. Any activity of the Property
Appraiser or Tax Collector under the nrovisions of thls Ordinance shall be construed as
m in isterral.
SECTION 1,04. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT.
It is hereby ascertained and declared that the fire rescue services, facilities, and
programs of the City provide a special benefit to property within the City that is improved
by the existence or constnrction of a residential dwelling unit or Building based upon the
following legislative determinations:
(A) Fire rescue services possess a logical relationship to the use and
enjoyment of improved property by: (1) protecting the value of the improvernents and
structures through the provision of available fire rescue services; (2) protecting the life
and safety of intended occupants in tlia use and enjoyment of improvements and
structures within improved parcels; (3) iowering the cost of fire insurance by the
presence of a professional and comprehensive fire rescue program within the City; and
8
(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.
(B) The combined fire control and emergency medical services of the City
under its existing consolidated fire rescue program enhances and strengthens the
relationship of such services to the use and enjoyment of Buildings within improved
parcels of property within the City.
(C) The combined fire control and emergency medical services of the City
under its existing consolidated fire rescue program enhance the value of business and
commercial property that is improved by the existence or construction of a Building which
enhanced value can be anticipated to be reflected in the rental charge or value of such
business or commercial property.
I
ARTICLE II
ANNUAL FIRE RESCUE ASSESSMENTS
SECTION 2.01. GENERAL AUTHORITY.
(A) The City Commission is hereby authorized to impose an annual Fire
Rescue Assessment to fund all or any portion of the Fire Rescue Assessed Cost upon
benefitted property at a rate of assessment based on the special benefit accruing to such
property from the City's provision of fire rescue services, facilities, or programs. All Flre
Rescue Assessments shall be imposed in conformity with the procedures set forth in this
Article ll.
(B) The amount of the Fire Rescue Assessment imposed in a Fiscal Year
against a parcel of Assessed Property shall 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 reasonably related to the special benefit provided by fire rescue services, facilities,
or programs funded with assessment proceeds. Nothing contained in this Ordinance
shall be construed to require the imposition of Fire Rescue Assessments against
Government Property.
SECTION 2.02. lNlTlAL PROCEEDINGS. The initial proceeding for the
imposition of a Fire Rescue Assessment shall be the adoption of an lnitial Assessment
Resolution by the City Commission (A) containing a brief and general description of the
fire rescue services, facilities, or programs to be provided; (B) determining the Fire
10
Rescue Assessed Cost to be assessed; (C) describing the method of apportioning the
Fire Rescue Assessed Cost and the computation of the Fire Rescue Assessment for
specific properties; (D) providing a summary description of the parcels of property
(conforming to the description contained on the Tax Roll) located within the City that
recei're a special henefit from the provision of fire rescue services, facilities, or Drograms
or describing a specific geographic area in which such service, facility, or.program will
be provided (E) establishing an estimated assessment rate for the upcoming Fiscal
Year; and (F) directing the City Clerk to (1) prepare the initial Assessment Roll, as
required by Section 2.03 hereof, (2) pi.rblish the notice required by Section 2.04 hereof.
and (3) niail the notice required by Section 2.05 hereof using information then available
from the -lax 11oll.
SECTION 2.03. INITIAL ASSESSMENT ROLL.
(A) The City Clerk shall prepare. or direct the preparation of, the initial
Assessment Roll, which shall contain the following:
(1) A summary description of all Assessed P'cpert]" conforrning to the
description contained on the 'Iax Roll.
(2) The name of the Owner of the Assessed Property.
(3) The amount of the Fire Rescue Assessment to be rmposed against each
such parcel of Assessed Property.
(B) The initial Assessment Roll shall be retained by the City Clerk and shall be
open to prrblic inspection. The foregoing shall not be construed to require that the
11
Assessment Roll be in printed form if the amount of the Fire Rescue Assessment for
each parcel of property can be determined by use of a computer terminal available to
the public.
SECTION 2.04. NOTICE BY PUBLICAT|ON. Upon completion of the initial
Assessment Roll, the City Clerk shall publish, or direct the publication of, once in a
newspaper 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
publication, which meeting shall be a regular, adjourned, or special meeting, the City
commission will hear objections of all interested persons to the Final Assessment
Resolution which shall establish the rate of assessment and approve the aforementioned
initial Assessment Roll. The published notice shall conform to the requirements set forth
in 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; (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 lnitial Assessment Roll is available for inspectlon at the office of the City Clerk and
all interested persons may ascertain the amount to be assessed against a parcel of
Assessed Property at the office of the Ci\l Clerk.
SECTION 2.05. NOTICE BY MAIL. ln addition to the published notice
required by Section 2.04, the City Clerk shall provide notice, or direct the provision of
12
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 shall include (A) the purpose of the Fire Rescue Assessment;
(B) the rate of assessment to be levied against each parcel of property; (C) the unit of
measurement applied to determine the Fire Rescue Assessment; (D) the number of such
units contained in each parcel of property; (E) the total revenue to be collected by the
City from the Fire Rescue Assessment; (F) a statement that failure to pay the Fire
Rescue Assessment will cause a tax certificate to be issued against the property or
foreclosure proceedings to be instituted, either of which may result in a loss of title to the
property; (G) a statement that all affected Owners have a right to appear at the hearing
and to file written objections with the City Commission within 20 days of the notice; and
(H) the date, time, and place of the hearing. The mailed notice shall conform to the
requirements set forth in the Uniform Assessment Collection Act. Notice shall be mailed
at least 20 calendar days prior to the hearing to each Owner at such address as is
shown on the Tax Roll. Notice shall be deemed mailed upon delivery thereof to the
possession of the United States Postal Service. The City Clerk may provide proof of
such notice by affidavit- Failure of the Owner to receive such notice due to mistake or
inadvertence, shall 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 pursuant to this Ordinance.
13
SECTION 2.06. ADOPTION OF FINAL ASSESSMENT RESOLUTION. At the
trme named in such notice, or to \uhrch an adjournment or continuance may be taken by
the City Commission, the City Commission shall receive any written objections of
interested persons and may then, or at any subsequent meeting of the City Commission
adopl the Final Assessment Resolution which shall (A) confirm, modify, or iepeal the
lnitial Assessment Resolution with such amendrnents. if any. as nray be deemed
appropriate by the City Commission; (B) establish the rate of assessment to be imposed
;n the upcoming Fiscal Year: (C) approve the inrtral Assessment Roll, wrth such
amendrnents as it deems just and right; and (D) determine the nrethcd of ccllection. The
adcption of the Final Assessnrent Resolution bv the City Conrmissicn shall constitute a
legislative determirration that all parcels assessed derive a speciat benefit frcm the fire
rescue services, facilities, or programs to be provided or constructed and a legisiative
determination that the Fire Rescue Assessments are fairly and reasoriably apportioned
among the properties that receive the special benefit. All objections to the F inal
Assessment Resolution shall be made rn writing, and filed with the City Clerk at or before
the time or adjourned time of such hearing. The Final Assessment Resolution shall
constitute the Annual Rate Resolution for the initial Fiscal Year in which Fire Rescue
Assessments are imposeci 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 the
Final Assessment Resolution. The adoption of the Final Assessrnettt Resolution shall
14
be 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 initial
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 Final Assessment Resolution. The
initial Assessment Roll, as approved by the Final Assessment Resolution, shall be
delivered to the Tax collector, as required by the Uniform Assessment collection Act,
or if the alternatlve 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
budget adoption process for each Fiscal Year following the initial Fiscal Year for which
a Fire Rescue Assessment is imposed hereunder.
(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) authorizing the date, time, and place of a public hearing to receive and
15
consider comments from the public and consider the adoption of the Annual Rate
Resolution for the upcoming Fiscal Year; and (5) directing the City Clerk to (a) update
the Assessment Roll, (b) provide notice by publication and first class mail to affected
Owners 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
rig ht. The Assessment Roll shall be prepared in accordance with the method of
apportionment set forth in the lnitial 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
notification to all Owners of Assessed Property in the manner provided in either or both
Sections 2.04 or 2.05 hereof.
(E) Nothing herein shall preclude the City Commission from establishing by
resolution a maximum rate of assessment provided that notice of such maximum
assessment rate is provided pursuant to Sections 2.04 and 2.05 hereof.
16
(F) ln the event (1) the proposed Fire Rescue Assessment for any Fiscal year
exceeds the maximum rate of assessment adopted by the City Comrnission and iricluded
in notice previously provided to the owners of Assessed property pursuant ,lo sections
2.04 and 2.05 hereof, (2) the purpose for which the Fire Rescue Assessment rs imposed
or the use of the revenue frcrn the Fire Rescue Assessment is substantially changeci
from that represented by notice previouslv provided to the owners of Assessed property
pursuant to sections 2.04 and 2.05 hereof, (3) Assessed Prooerty is reclassified or tne
method of apportionment rs revised or altered resulting in an increased Firs ftgssus
Assessment from that represented by notrce oreviously provideci to the cwners of
Assessed Property pursuant tc) sections 2.04 and 2.05 hereof, or (4) an Assessrnei'rt Roll
contains Assessed Property that was nct included on the Assessment Rr-'ll appro'red for
the prior Fiscal Year, notice shall be provided by publication and first class maii to i"re
Owners of such Assessed Fi'ope!"ty. Such notice snall substantially corrforrn yirth the
notice requirements set forth in sections 2.04 and 2.05 hereof and intorm the owner ot
the date, time, and place for the adoption of the Annuat Rate Resolution. The failure ot
the Owner to receive such notice due to mistake or inadvertence, shall not affect the
validity of the Assessment Roll nor release or discharge any obligation tor payment r)f
a Fire Rescue Assessment imposed by the City Comrnission pursuant to this Ordinance.
(G) As to any Assessed Propertl, nct included on an Assessment Roll approved
by the adoption of the Frnal Assessment Resolution or a prior year's Annuai Rate
Resolution, the adoption of the succeeding Annr.ral Rate Resolution shall be the final
17
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
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 wlthin 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, shall
be delivered to the Tax Collector as required by the Uniform Assessment 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. lf the Fire Rescue Assessment against any property shall be sustained,
reduced, or abated by the court, an adjustment shall be made on the Assessment Roll.
SECTION 2.09. LIEN OF FIRE RESCUE ASSESSMENTS. Upon the adoption
of the Assessment Roll, all Fire Rescue Assessments shall constitute a lien against
Assessed Property equal in rank and dignity with the liens of all state, county, district,
or municipal taxes and special assessments. Except as otherwise provided by law, such
1B
lien shall be superior in dignity to all other prior liens, mortgages, tifles, and claims, until
paid. The lien for a Fire Rescue Assessment shall be deemed perfected upon adoption
by the city commission of the Final Assessment Resolution or the Annual Rate
Resolution, whichever is applicable. The lien for a Fire Rescue Assessment collected
under the Uniform Assessment Collection Act shall 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 Roll. The lien for a Fire Rescue Assessment collected under the
alternative method of collection provided in Section 3.02 shall be deemed perfected upon
adoption by the City Commission 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. tf any
Fire 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 lf the City
Commission 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
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 Assessment against 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 Fire Rescue Assessment is annulled, vacated, or set aside, the City
19
Commission may obtain and impose other Fire Rescue Assessments until a valid Fire
Rescue Assessment is imposed.
SEGTION 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 Asse-qsment 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
perfonned as required by thls Ordinance; and no vanance from the directions hereunder
shall be held material unless it be clearly shown that the party objeoting v.ras rnateriaily
injured thereby.
SECTION 2.12. CORRECTION OF ERRORS AND OMISSiONS,
(A) No act of error or omission on the part of the P.operty Appraiser, Tax
Collector, City Clerk, City Commission, or their deputies or employees, shall operate to
release or discharge any obligation for payment of a Fire Rescue Assessment imposed
by the City Commission under the provision of this Ordinance.
(B) When it shall appear that any Fire Rescue Assessment should have been
imposed under this Ordinance against a parcel of property specially benefited by the
provision of fire rescue services, factlities, or programs, but that such property was
omitted from the Assessment Roll or was not listed on the Tax Roll as an tndividual
20
parcel of property as of the effective date of the Assessment Roll approved by the
Annual Rate Resolution for any upcoming Fiscal year, the city commission may, upon
provision of a notice by mail provided to the owner of the omitted parcel in the manner
and form provided in section 2.05, impose the applicable Fire Rescue Assessment for
the Fiscal Year in which such error is discovered, in addltion to the applicable Fire
Rescue Assessment due for the prior two Fiscal years. Such Fire Rescue Assessment
shall constitute a lien against Assessed Property equal in rank and dignity with the liens
of all state, county, district, or municipal taxes and special assessments, and superior
in rank and dignity to all other prior liens, mortgages, titles, and claims in and to or
against the real property involved, shall be collected as provided in Article lll hereof, and
shall be deemed perfected on the date of adoption of the resolution imposing the omitted
or delinquent assessments.
(C) Prior to the delivery of the Assessment Roll to the Tax Collector in
accordance with the Uniform Assessment Collection Act, the City Clerk shall have the
authority at any time, upon his or her own initiative or in response to a timely filed
petition from the Owner of any property subject to a Fire Rescue Assessment, to
reclassiflT property based upon presentation of competent and substantial evidence, and
correct any error in applying the Fire Rescue Assessment apportionment method to any
particular parcel of property not otherwise requiring the provision of notice pursuant to
the Uniform Assessment Collection Act. Any such correction shall be considered valid
ab initio and shall in no way affect the enforcement of the Fire Rescue Assessment
21
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 Clerk 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 Clerk.
SECTION 2.13. INTERIM ASSESSMENTS. An interim Fire Rescue
Assessment shall be imposed against all property for which a Certificate of Occupancy
is issued after 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-twelfth
of the annual rate for such property computed in accordance with the Annual Rate
Resolution for the Fiscal Year in which the Certificate of Occupancy is issued. Such
monthly rate shall be imposed for each full calendar month remaining in the Fiscal Year.
ln addition to the monthly rate, the interim Fire Rescue Assessment shall also include
an estimate of the subsequent Fiscal Year's Fire Rescue Assessment. No Certificate
of Occupancy shall be issued until full payment of the interim Fire Rescue Assessment
is received by the City. lssuance of the Certificate of Occupancy by mistake or
inadvertence, and without the payment in full of the interim Fire Rescue Assessment,
shall not relieve the Owner of such property of the obligation of full payment. For the
22
23
purpose of this provision, such interim Fire Rescue Assessment shall be deemed due
and payable on the date the Certificate of Occupancy was issued and shall constitute
a lien against such property as of that date. Said lien shall be equal in rank arrd dignity
with the liens of all state, county, distnct or municipal taxes and special assessments
and superior in rank and dignity to all other liens encumbrances, tifles and claims in and
to or against the real property involved and shall be rleemed pedected upon the
issuance of the Cerlificate of Occupancy
ARTICLE III
COLLECTION AND USE OF FIRE RESCUE ASSESSMENTS
SECTION 3.01. METHOD OF COLLECTION.
(A) Unless othentvise directed by the City Commission, the Fire Rescue
Assessments shall be collected pursuant to the uniform method provided In the Uniform
Assessment collection Act, and the city shall comply with all applicable provisions of the
Uniform Assessment collection Act. Any hearing or notice required by this ordinance
may be combined with any other hearing or notice required by the Uniform Assessment
Collection Act.
(B) The amount of a Fire Rescue Assessment to be collected using the uniform
method pursuant to the Uniform Assessment collection Act for any specific parcel of
benefitted property may include an amount equivalent to the payment delinquency,
delinquency fees and recording costs for a prior year's assessment for a comparable
service, facility, 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 Asiessment upon certification of a non-ad valorem roll to the Tax Collector by
the City.
24
SECTION 3.02. ALTERNATTVE METHOD OF COLLECTTON. tn tieu of
utilizing the Uniform Assessment collection Act, the city may elect to collect the Fire
Rescue Assessments by any other method which is authorized by law or under the
alternative collection method provided by this Section:
(A) The City shall provide Fire Rescue Assessment bills by first class mail to
the owner of each affected parcel of property, other than Government property. The bill
or accompanying explanatory material shall 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 Fire Rescue Assessment imposed against the parcel
for the appropriate period, (5) the location at which payment will be accepted, (6) the
date on which the Fire Rescue Assessment is due, and (7) a statement that the Fire
Rescue Assessment constitutes a lien against assessed property equal in rank and
dignity with the liens of all state, county, dishict or municipal taxes and other non-ad
valorem assessments.
(B) A general notice of the lien resulting from imposition of the Fire Rescue
Assessments shall be recorded in the official Records of the county. Nothing herein
shall be construed to require that individual liens or releases be filed in the Official
Records.
(C) The City shall have the right to foreclose and collect all delinquent Fire
Rescue Assessments in the manner provided by law for the foreclosure of mortgages
at,
on real property or appoint or retain an agent to institute such foreclosure and collection
proceedings. A Fire Rescue Assessment shall become delinquent if it is not paid within
30 days from the date any installment is due. The city or its agent shall notify any
property owner who 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 or its agent will either ('l) initiate a foreclosure action or suit in equity and
cause the foreclosure of such property subject to a delinquent Fire Rescue Assessment
in a method now or hereafter provided by law for foreclosure of mortgages on real
property, or (2) cause an amount equivalent to the delinquent Fire Rescue Assessment,
not previously subject to collection using the uniform method under the Uniform
Assessment Collection Act, to be collected on the tax bill for a subsequent year.
(D) All costs, fees and expenses, including reasonable attorney fees and tifle
search expenses, related to any foreclosure action as described herein shall be included
in any 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 or
its agent may join in one foreclosure action the collection of Fire Rescue Assessments
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 and its agents, including
reasonable attorney fees, in collection of such delinquent Fire Rescue Assessments and
any other costs incurred by the City as a result of such delinquent Fire Rescue
lo
Assessments and the same shall be collectible as a part of or in addition to, the costs
of the action.
(E) ln lieu of forecrosure, any derinquent 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 the manner required by the Uniform Assessment collection Act and this ordinance,
and (2) any existing lien of record on the affected parcel for the delinquent Fire Rescue
Assessment is supplanted by the lien resultlng from certification of the Assessment Roll,
as applicable, to the Tax Collector.
(F) Notwithstanding the city's use of an alternative method of collection, the
city clerk shall have the same power and authority to correct errors and omissions as
provided to him or other county officials in Section 2.12 hereof .
(G) Any City Commission action required in the collection of Fire Rescue
Assessments may be by resolution.
SECTION3.O3. GOVERNMENTPROPERTY.
(A) lf Fire Rescue Assessments are imposed against Government propefi, the
city shall provide Fire Rescue Assessment bills by first class mail to the owner of each
affected parcel of Government Property. The bill or accompanying explanatory material
shall 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
27
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 clue.
(B) Fire Rescue Assessments imposed against Government property shall be
due on the same date as all other Fire Rescue Assessments and, if applicable, shall be
subject to the san-re discounts for early payment.
(c) A Frre Rescue Assessment shall become delinquent if it ls not paid within
30 days from the date any installment is due. The city shall notify the owner of any
Government Property that is delinquent in payment of its Fire Rescue Assessment within
60 days from the date such assessment was due. such notice shall state that the city
will initiate a rnandamus or other appropriate judicrai actiorr to compei payr.'iclnt.
(D) All costs, fees and expenses, inciuding reasorrable attorney fees and titie
search expenses, related to any mandamus or other action as described herein shall be
included in any ludgment or clecree rendered therein All delinquent owners of
Government Property against which a mandamus or other appropriate action is filed shall
be liable for an apportioned amount of reasonable costs and expenses incurred by the
city, including reasonable attorney fees, in collection of such delinquent Fire Rescue
Assessments and any other costs incurred by the crty as a result of such delinquent Fire
Rescue Assessments and the same shall be collectibie 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
28
to such Government Property in periodic installments with a remedy of a mandamus
action in the event of non-payment. The city commission may contract for such billing
services with any utility, whether or not such utility is owned by the City.
29
ARTICLE IV
GENERAL PROVISIONS
sEcrloN 4.01. APPLtcABtLtry. This ordinance and the city'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
supplemental and additional to powers conferred by other laws, and shall not be
regarded as in derogatlon 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.
')n
sEcrloN 4.04. coNFLlcrs. All ordinances or parts of ordinances and all
resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent
of such conflict.
sEcrloN 4.05. EFFECIVE DATE. Thrs oroinance shail be in force and take
effect immediately upon its passage and atioptron.
PASSED AND ADOPTED on First Reaiing on ihe 25th dav of lune, ,1g96
PASSED AND ADOPTED on second ancr Final Readrng on the gth day of Julv,
1996.
THE CITY OF DANIA, FLORIDA
(sEAt.)
By:-
n [\4. Bertino
Mayor - Conrrr issiorier
A TTEST,
lr4arie .l ahalee
City Clerk - Auditor
Approved for Form and Correctness:
I
-,1By: 9(n-o.^-(. C- a-/l^-
Frank C. Adler, City Attorney
31 ORDINANCE NO. 1O-96
CITY OF DANIA, FLORIDA
FIRE RESCUE ASSESSMENT ORDINANCE
F]RST READING JUNE 25, 1996
SECOND READING AND ADOPTION JULY 9, 1996
TABLE OF CONTENTS
ARTICLE I
INTRODUCTION
DEFINITIONS
INTERPRETATION , .
GENERAL FINi)INGS
LEGISLATIVE DETERMINATICNS OF SFECIAL BENEFIT
ARTICLE II
ANNUAL FIRE RESCUE ASSESSMENTS
GENERAL AUTHORIry
INITIAL PROCEEDINGS., . . .
INITIAL ASSESSMENT ROLI.-
NOTICE BY PUBLICATION . -
NOTICE BY MAIL
ADOPTION OF FINAL ASSESSMENT RESOLUTION
EFFECT OF FINAL ASSESSMENT RESOLUTION .
ADOPTION OF ANNUAL RATE RESOLUTION . .
LIEN OF FIRE RESCUE ASSESSMENTS . . . . .
REVISIONS TO FIRE RESCUE ASSESSMENTS.
PROCEDURAL IRREGULARITIES . .
CORRECTION OF ERRORS AND OMISSIONS . .
INTERIMASSESSMENTS . ..
.SECTION 1.01.
SECTION .I ,02
sEcTtLrN 1 03.
SECTION 1.04.
)
7I
SEC TION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
2.01
2.02.
2.03.
2.04.
2.05.
2.06.
2.07
2.08.
2.09.
2.10
2.11.
212.
2.13.
10
10
11
12
12
1,1
14
15
1B
19
20
20
22
SECTION 3.01
SECTION 3.02
SECTION 3 03
ARTICLE III
COLLECTION AND USE OF FIRE RESCUE ASSESSMENTS
METHOD OF COLLECTION . . . ., .
ALTERNATIVE METHOD OF COLLECTION
GOVERNMENT PROPERTY
PAGE
24
25
27
sECroN 4.01
SECTION 4.02.
SECTION 4.03.
sEcTtoN 4 04.
SECTION 4.05.
ARTICLE IV
GENERAL PROVISIONS
APPLICABILITY.......
ALTERNATIVE METHOD
SEVERABILITY,.-..-.
CONFLICTS .
EFFECTIVEDATE.,..
30
.30
.31
30
31
F O RT
0 cA
SUN.SET{TIT{EL
PUBLI SH ED DAI LY
LAUDERDALE, A ROTA RD COUI{TY, FLOR I DA
R AI0lle PALII SEACH C0Ul'lTYr FLORIDAI,IIAIII r DADE COUI{TY, f LORIDA
TOTICE OF IEANNOBEFOqE CITY COMMISSION CITY OF OANIA. FLOBI,OA- REOABDINO ADOPTION OF THE FOLLOWINO PBO.POSEO OROINANCESNOTICE lS HEnEAY OIVEN lhallh8Cllv Comml3slonollho Crly ot D6nla, Florlda, on Jurv 9. 1996. sr 7 30 D.m o,as sooir lheroslt€r as th6 matlaa mav bo h6.rd. wlll con.ducl a DUbllc hssrho ln lhe Cllv Conimls3lon room ol lheDanra Cirv Halr. 100l/vesl Danla B€ach Boulsvard. Dania.Florlda lo consldar lh€ Droposod .dopllon ollh€ lollowingordhancss 6ntlll6d:STATE OF FLORIDA
C OUI{ TY OF BRC*ARD'PALFI
BEFORE THE UND PSI6NED
EEACH/DADE
AU TH OR ITY PERSONALLY APPEARE
.-N(.,
HEIYHE I
C LAS SI FI
ttEI,JSPAPE
FLORIOA
tH0 0 0ATlr sAYs THAT
DEPARTfIENT 0F THE SUI{-SENTIt{€Le DIILY
PUsL ISH€D IN SROYARD'PALII BEACH/DADE CO
THAT THE ATTACHED COPY Of AOVERTIS EI{EIiT,
NOTICE
IX TItE }IATTER OF
SOLID I'AST E
I a'l THE CIRCUIT C0URTT !,AS A.,BLISHED Ili SAID t{EISPIPETflE ISSUES OFC e O6 lZ9t 'l x
TFFIANT FURThER SAYS THAT THE SAIO SUN.SENTITTEL IS
NEUSPAPER PIJ3LISHED IN SIID EROIARD,PALT AEACH,DADE
AOUI{TYz FL0RIDAT At{D THAT THE SAID }tEIISPAPER HAS HER;EI{ C OilTI NiJOUSLY PU3LISHED II{ SAID SROYATO'PALIt BEA
COUITTYT FL0RIDA, EICH DAY, AtlD HAS SEEil EilTEnE0 lS S
CLASS IITATTER AT THE POST OFf ICE I}' fORT LAUD€RDALE,
BROTARD COUITTYT FLORIDA, FOR A PERIOD OF OIIE YEAR T{E
PRECEDI}I6 THE FIRST PUBLICATIOI{ OF THE ATTACHED COPY
ADVERTISEI'IENT; A D AFFIA'IT FURTHER SAYS THAT HElSIIE
XEITHER PAIO NOR PROI{ISED ATY PERSOI{Z FIRTi OR CORPORII'Y DISCOUI{TZ REBATEE COTiIIISSIOII OR REFUND FOR TXE P
OF SECURIhG THIS ADVERTISEIIEIIT fOR PUALICITIOil Iti SA
NETSPAPER.
UNI
9 EI
TAXES AITY TO A
AND
THECUEAGAINST PROPERTY THROUGHOUT THE CITY OF
)
( S T GT.I AT U R OF AFTI A T)
SIORI,I TO ANO SUASCRIEED BEFORE IIE
THIS 29 OAY OF JUIIEA.D. 1996
100
(SIGT{ATURE OF NOTARY PUALIC)
BANAAEA SIBqCA'{D
MY Corxdss0t{, @ a76r7 o(PlEsJry 21. lgs
.qqFLnauryrru srr. rc,. .. .. . .
^.{AilE oF NoTARY TyPEDT PRTNTED oR AHPED)
PERSONALLY KNOIIN
PR0DUC ED I D riJ T I F I C ATI0N
OR
DiJLY AUIHCRIZED REPRESET{TATIYE OF THE