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HomeMy WebLinkAboutO-1996-013CIry OF DANIA, FLORIDA STORMWATER UTILIry ORDINANCE FIRST READING JULY 23, 1996 SECOND READING AND ADOPTION AUGUST 13, 1996 3.01. 3.02. 3.03. 3.04. 3.05. 3.06. 3.07. 3.08. 3.09. 3.10. 3.11. 3.12. SECTION 1.01. SECTION 1.02. SECTION 1.03. sEcTtoN 2.01. sEcTtoN 2.02. TABLE OF CONTENTS PAGE ARTICLE I INTRODUCTION DEFINITIONS, ,.. INTERPRETATION FINDINGS. ARTICLE II STORMWATER UTILITY STORMWATERUTILIry. .... STORMWATER UTILITY FUND o 8 ARTICLE III STORMWATER ASSESSMENTS AUTHOR|ZATTON... .....10 INITIALSTORMWATERASSESSMENTRESOLUTION. ..... 11 STORMWATER ASSESSMENT ROLL. . . NOTICE BY PUBLICATION. . . NOTICE BY MAIL. FINAL STORMWATER ASSESSMENT RESOLUTION ANNUAL STORMWATER ASSESSMENT RESOLUTION. . . EFFECT OF STORMWATER ASSESSMENT RESOLUTIONS LIEN OF STORMWATERASSESSMENTS. . . REVISIONS TO STORMWATER ASSESSMENTS. . PROCEDURAL IRREGULARITIES. CORRECTION OFERRORSANDOMISSIONS. . . . ......... 17 1 5 5 SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION 11 12 12 '13 14 14 15 16 't6 sEcTtoN 4.01. SECTION 4.02. SECTION 4.03. sEcTtoN 4.04. sEcTroN 5.01. sEcTtoN 5.02. sEcTtoN 5.03. sEcTtoN 5.04. ARTICLE IV COLLECTION OF STORMWATER ASSESSMENTS METHOD OF COLLECTION. . . . ALTERNATIVE METHOD OF COLLECTION RESPONSIBILITY FOR ENFORCEMENT- GOVERNMENT PROPERTY. ARTICLE V GENERAL PROVISIONS ALTERNATIVE METHOD. SEVERABILITY CONFLICTS . 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JT{D .. r 0 oit olTtl slls IHAT udLIs €0 sTonirytrfR itxl6ErExT OF ffi AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, RELATING TO STORMWATER MANAGEMENT; PROVIDING FOR STORMWATER MANAGEMENT SERVICES AND THE IMPOSITION OF ASSESSMENTS RELATED TO THOSE SERVICES WITHIN THE CITY; PROVIDING DEFINITIONS AND FINDINGS; ESTABLISHING A STORMWATER UTILITY AND PROVIDING ITS RESPONSIBILITIES; ESTABLISHINGA STORMWATER UTILITY FUND; AUTHORIZING THE IMPOSITION AND COLLECTION OF STORMWATER ASSESSMENTS TO FUND THE COST OF PROVIDING STORMWATER MANAGEMENI SERVICES; ESTABLI SH I NG PROCEDURES FOR NOTICE AND ADOPTION OF STORMWATER ASSESSMENT ROLLS AND FOR CORRECTION OF ERRORS AND OMISSIONS; PROVIDING THAT STORMWATER ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF THE STORMWATER ASSESSMENT ROLLS; ESTABLISHING PROCEDURES AND METHODS FOR COLLECTION OF STORMWATER ASSESSMENTS, INCLUDING STORMWATER ASSESSMENTS IMPOSED ON GOVERNMENT PROPERTY; PROVIDING FOR SEVERABILIry; AND PROVIDING AN EFFECTIVE DATE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CIry OF DANIA, FLORIDA: ARTICLE I INTRODUCTION SECTION 1.01. DEFINITIONS. When used in this Ordinance, the following terms shall have the meanings set forth below, unless the context clearly requires otherwise. ORDTNANCE NO. 13-e6 "Annual Stormwater Assessment Resolution" means the resolution described in Section 3.07 hereof, approving the Stormwater Assessment Roll for a specific Fiscal Year. "City" means the City of Dania, Florida. "City Clerk" means the City official described in Part lll, Article 4 of the City Charter, or such person's designee. "City Commission" means the governing body of the City of Dania, Florida. "City Manager" means the chief executive officer of the City, or such person's designee. "Developed Property" means any property, other than Tax-Exempt lnstitutional Property, that includes lmpervious Area. "ESU" means "equivalent stormwater unit," the standard unit to be used in calculating the Stormwater burden expected to be generated by the lmpervious Area of Developed Property, after taking into consideration any mitigation of the Stormwater burden that results from privately maintained Stormwater management facilities and other factors affecting the quantity or quality of Stormwater runoff. "Final Stormwater Assessment Resolution" means the resolution described in Section 3.06 hereof, which shall confirm, modify or repeal the lnitial Stormwater Assessment Resolution and which shall be the final proceeding for the imposition of a Stormwater Assessment. 2 J "Fiscal Year" means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the City. "Govemment Property" means property owned by the United States of America, the State of Florida, a county, a special district, a municipal corporation, or any of their respective agencies or political subdivisions. "lmpervious Area" means hard surfaced areas which either prevent or severely restrict the entry of water into the soil mantle and/or cause water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas and other surfaces which similarly affect the natural infiltration or runoff patterns which existed prior to development. "lnitial Stormwater Assessment Resolution" means the resolution described in Section 3.02 hereof, which shall be the initial proceeding for the imposition of the Stormwater Assessment. "Ordinance" means this Stormwater Utility Ordinance. "Property Appraiser" means the Broward County Property Appraiser. "Resolution of lntenf' means the resolution required by the Uniform Assessment Collection Act to express the City Commission's intent to collect Assessments on the ad valorem tax bill. 4 "Stormwater" means the flow of water which results from, and which occurs immediately following, a rainfall event. "Stormwater Assessment" means an annual special assessment imposed upon each benefitted parcel within the City to fund Stormwater Management Services. "Stormwater Assessment Roll" means the special assessment roll relating to Stormwater Assessments, approved by a Final Stormwater Assessment Resolution or an Annual Stormwater Assessment Resolution pursuant to Section 3.06 or Section 3.07 hereof. "Stormwater Management Seruices" means (A) management and administration of the City's Stormwater management program; (B) Stormwater program engineering; (C) basin planning, including capital improvement plan development; (D) operating and maintaining the City's capital facilities for Stormwater management, including extraordinary maintenance; (E) billing and collection of Stormwater Assessments, including customer information services and reserves for available statutory payment discounts; and (F) legal, engineering and other consultant services. Notwithstanding the foregoing, "Stormwater Management Services" shall not include that portion of the cost to maintain the City's road drainage system that is attributable to the Stormwater burden generated by the lmpervious Area of the roads. "Stormwater Selvice Cosf'means the estimated amount for any Fiscal Year of all expenditures and reasonable reserves that are properly attributable to Stormwater Management Services provided within the City under generally accepted accounting principles, including, without limiting the generality of the foregoing, reimbursement to the City for any moneys advanced for Stormwater Management Services, and interest on any interfund or intrafund loan for such purpose. "Stormwater Utility" means the entity established by Section 2.01 hereof to implement the Stormwater management program of the City. "Tax Collector" means the Broward 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. "Tax-Exempt lnstitutional Property" means Government Property and other property that is used predominately or exclusively for educational, literary, scientific, religious, charitable or governmental purposes and is exempt from ad valorem taxation under Florida law. "Uniform Assessment Collection Act" means Sections 197 .3632 and 1 97.3635, 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," "hereunde/' and similar terms refer to this Ordinance; and the term "hereafte/' 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. 5 SECTION 1.03. FINDINGS. lt is hereby ascertained, determined and declared that: (A) Pursuant to Artlcle 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 matterof paragraphs (a), (b), (c), and (d) of section 166.021(3), Florida Statutes, are not relevant to Stormwater Assessments imposed to fund Stormwater management within the City. (C) The purpose of this Ordinance is to establish the Stormwater Utility and authorize the imposition of Stormwater Assessments to provide a dedicated funding source to improve Stormwater management within the City in a manner consistent with the City's comprehensive plan and applicable state and federal laws. The Stormwater Utility will address the quality and quantity of Stormwater runoff to surface and subsurface waters. (D) The Stormwater Assessments authorized by this Ordinance are consistent with the authority granted in Section 403.0893, Florida Statutes, which is additional 6 authority and supplements the constitutional and statutory power of local government granted to a municipality. (E) The benefits provided by the Stormwater Utility to Developed Property located within the City include, by way of example and not limitation, (1) the provision of Stormwater management services and the availability and use of facilities or improvements by owners and occupants of Developed Property to properly and safely detain, retain, convey or treat Stormwater discharged from Developed Property, (2) stabilization of or the increase of Developed Property values, (3) increased safety and better access to Developed Property, (4) improved appearance, (5) rendering Developed Property more adaptable to a current or reasonably foreseeable new and higher use, and (6) alleviation of the burdens caused by Stormwater runoff and accumulation attendant with the use of Developed Property. (F) The City's Stormwater management program is necessitated by lmpervious Area. Accordingly, Stormwater Assessments will be imposed only against Developed Property. (G) The benefits provided by the Stormwater Utility bear a logical relationship to the value, use and characteristics of Developed Property located within the City. (H) The Stormwater Assessments authorized by this Ordinance provide an equitable method of funding the Stormwater Service Cost by fairly and reasonably allocating the Stormwater Service Cost to specially benefitted Developed Property classified on the basis of the Stormwater burden expected to be generated by the physical characteristics and use of such Developed Property (by individual parcel or any reasonable classification of parcels). 7 (l) Tax-Exempt lnstitutional Property provides facilities and uses to the ownership, occupants, and membership as well as the public in general that otherwise might be required to be provided by the City and such property use serves a legitimate public purpose and provides a public benefit. Therefore, it is fair and reasonable to exclude Tax-Exempt lnstitutional Property from the Stormwater Assessment to the extent that the City transfers lawfully available funds to the Stormwater Utility Fund from sources other than proceeds of the Stormwater Assessments in an amount equal to the Stormwater Assessment that would have been imposed against Tax-Exempt lnsitutional Property. (J) The Stormwater Assessments imposed pursuant to this Ordinance are imposed by the City Commission, not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector under the provisions of this Ordinance shall be construed as ministerial. 8 ARTICLE II STORMWATER UTILITY SECTION 2.01. STORMWATER UILIry. (A) There is hereby established a Stormwater Utility, which shall be the operational means of implementing the City's Stormwater management system. The Stormwater Utility shall place emphasis on achieving maximum economic efficiency through identifying programs and funding sources which are complementary to other regional state and federal programs. The City Manager shall be responsible for adminiskation of the Stormwater Utility. (B) The Stormwater Utility shall provide Stormwater Management Services to the City. All orany portion of the Stormwater Service Cost may be funded from the proceeds of Stormwater Assessments. (C) The Stormwater Utility may also acquire and construct capital facilities for Stormwater management. The cost of such facilities shall be funded from sources other than proceeds of the Stormwater Assessments. SECTION 2.02. STORI{IV\TATER UTILITY FUND. The City Commission intends to fund the cost of providing Stormwater Management Services through Stormwater Assessments. The City Commission has further determined that periodic determination of revenues earned and expenses incurred in connection with the provision of stormwater management services will enhance accountability and management control of the City's Stormwater management program and will facilitate implementation of the City I Commission's funding policy for Stormwater management. Accordingly, there shall be established a Stormwater Utility Fund. From an accounting perspective, the Stormwater Utility Fund shall be established as a "special revenue fund." 10 ARTICLE III SECTION 3.01. AUTHORIZATION. The City Commission is hereby authorized to impose Stormwater Assessments against Developed Property located within the City to fund all or any portion of the Stormwater Service Cost. The City shall transfer lawfully available funds to the Stormwater Utility Fund from sources other than proceeds of the Stormwater Assessments in an amount equal to the Stormwater Assessment that would have been imposed against Tax-Exempt lnsitutional Property. (A) The Stormwater Service Cost shall be assessed against all parcels of Developed Property within the City at a rate of assessment based upon the special benefit accruing to such Developed Property from the City's provision of Stormwater Management Services, measured by the number of ESUs attributable to each parcel or classification of Developed Property. Notwithstanding the foregoing, if it is specifically determined by the City Commission that any portion of the City receives a distinct special benefit from any component of the Stormwater Management Service that is materially different in kind or degree from the special benefit received by other portions of the City, the Stormwater Service Cost related to such component shall be assessed against the portion of the City receiving the distinct special benefit. (B) Stormwater Assessments shall be payable annually and shall be computed as for each parcel of Developed Property as such parcel's share of all or any portion of the 11 STORMWATER ASSESSMENTS Stormwater Service Cost to be funded from proceeds of the Stormwater Assessment, based upon the number of ESUs attributable to such parcel. (C) All proceeds of the Stormwater Assessments shall be expended for the provision of Stormwater Management Services within the City. SECTION 3,02. INITIAL STORDTVI'ATER ASSESSMENT RESOLUTION. ThE initial proceeding for imposition of a Stormwater Assessment shall be the City Commission's adoption of an lnitial Stormwater Assessment Resolution (A) identifying, if applicable, that portion of the City to receive a materially higher level of service; (B) estimating the Stormwater Service Cost to be funded from proceeds of the Stormwater Assessments and, if applicable, the incremental Stormwater Service Cost associated with a higher level of service; (C) describing with specificity the method of determining the number of ESUs attributable to each parcel or classification of Developed Property (including any mitigation credit factors) to be utilized for the Stormwater Assessment; (D) describing the procedure for adjusting the number of ESUs attributable to a parcel of Developed Property; and (E) identifying the proposed method of collection. SECTION 3.03. STORMWATER ASSESSMENT ROLL. (A) The City Manager shall prepare, or direct the preparation of, a preliminary Stormwater Assessment Roll for each Fiscal Year, which shall contain the following information: (1) a summary description of each parcel of Developed Property (conforming to the description contained on the Tax Roll) subject to the Stormwater Assessment; 12 (2) the name of the owner of record of each parcel as shown on the Tax Roll; (3) the number of ESUs attributable to each parcel; (4) the proposed Stormwater Assessment for each ESU; and (5) the proposed Stormwater Assessment for each parcel. (B) Copies of the lnitial Stormwater Assessment Resolution and the preliminary Stormwater Assessment Roll shall be on file in the office of the Stormwater Utility and open to public inspection. The foregoing shall not be construed to require that the Stormwater Assessment Roll be in printed form if the amount of the Stormwater Assessment for each parcel of Developed Property can be determined by use of a computer available to the public. SECTION 3.04. NOTICE BY PUBLICATION. After filing the Stormwater Assessment Roll in the office of the Stormwater Utility, as required by Section 3.03(8) hereof, the City Manager shall publish once in a newspaper of general circulation within the City a notice stating that a public hearing of the City Commission will be held on a certain day and hour, not earlier than 20 calendar days from such publication, at which hearing the City Commission will receive written comments and hear testimony from all interested persons regarding adoption of the Final Stormwater Assessment Resolution and approval of the Stormwater Assessment Roll. The published notice shall conform to the requirements set forth in the Uniform Assessment Collection Act. SECTION 3.05. NOTICE BY MAIL. ln addition to the published notice required by Section 3.04, the City Manager shall provide notice of the proposed Stormwater 13 Assessment by first class mail to the owner of each parcel of Developed Property subject to the Stormwater Assessment. 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 property owner at such address as is shown on the Tax Roll on the twentieth calendar day prior to the date of mailing. Notice shall be deemed mailed upon delivery thereof to the possession of the U.S. Postal Service. The City Manager shall 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 Stormwater Assessment Roll nor release or discharge any obligation for the payment of an Stormwater Assessment imposed by the City Commission pursuant to this Ordinance. SECTION 3.06. FINAL STORMWATER ASSESSMENT RESOLUTION. At the time named in such notice, or such time to which an adjournment or continuance may be taken, the City Commission shall receive written objections and hear testimony of interested persons and may then, or at any subsequent meeting of the City Commission, adopt the Final Stormwater Assessment Resolution which shall (A) confirm, modify or repeal the lnitial Stormwater Assessment Resolution with such amendments, if any, as may be deemed appropriate by the City Commission; (B) approve the Stormwater Assessment Roll, with such amendments as it deems just and right; and (C) determine the method of collection. The Stormwater Assessments so approved shall be in proportion to the special benefits received by the affected parcels as a result of the management of the Stormwater burden expected to be generated bythe physical characteristics and use ofthe Developed Property (by individual parcel or any reasonable classification of parcels). All objections 14 to adoption of the Final Stormwater Assessment Resolution shall be made in writing, and filed with the City Clerk at or before the time or adjourned time of such hearing. SECTION 3.07. ANNUAL STORMWATER ASSESSMENT RESOLUTION. During its budget adoption process, the City Commission shall adopt an Annual Stormwater Assessment Resolution for each Fiscal Year following adoption of the Final Stormwater Assessment Resolution. The Final Stormwater Assessment Resolution shall constitute the Annual Stormwater Assessment Resolution for the initial Fiscal Year. The Annual Stormwater Assessment Resolution shall approve the Stormwater Assessment Roll for such Fiscal Year. The Stormwater Assessment Roll shall be prepared in accordance with the lnitial Stormwater Assessment Resolution, as confirmed or amended by the Final Stormwater Assessment Resolution. lf the proposed Stormwater Assessment for any parcel of Developed Property exceeds the maximum amount established in the Final Stormwater Assessment Resolution or if a Stormwater Assessment is imposed against property not previously subject thereto, the City Commission shall provide notice to the owner of such property in accordance with Sections 3.04 and 3.05 hereof and conduct a public hearing prior to adoption of the Annual Stormwater Assessment Resolution. Failure to adopt an Annual Stormwater Assessment Resolution during the budget adoption process for a Fiscal Year may be cured at any time. SECTION 3.08. EFFECT OF STORMWATER ASSESSMENT RESOLUTIONS. The adoption of the Final Stormwater Assessment Resolution or Annual Stormwater Assessment Resolution shall be the final adjudication of the issues presented (including, but not limited to, the apportionment methodology, the rate of assessment, the adoption of '15 the Stormwater Assessment Roll and the levy and lien of the Stormwater Assessments), unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission adoption of the Final Stormwater Assessment Resolution. The Stormwater Assessments for each Fiscal Year shall be established upon adoption of the Annual Stormwater Assessment Resolution. The Stormwater Assessment Roll, as approved by the Annual Stormwater Assessment Resolution, shall be delivered to the Tax Collector, or such other official as the City Commission, by resolution, deems appropriate. SECTION 3.09. LIEN OF STORMWATER ASSESSMENTS. (A) Upon adoption of the Annual Stormwater Assessment Resolution for each Fiscal Year, Stormwater Assessments to be collected under the Uniform Assessment Collection Act shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as othenarise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. The lien shall be deemed perfected upon adoption by the City Commission of the Annual Stormwater Assessment Resolution and shall attach to the property included on the Stormwater Assessment Roll as of the prior January 1, the lien date for ad valorem taxes. (B) Upon adoption of the Final Stormwater Assessment Resolution, Stormwater Assessments to be collected underthe altemative method of collection provided in Section 4.02 hereof shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dlgnity 16 to all other liens, titles and claims, until paid. The lien shall be deemed perfected on the date notice thereof is recorded in the Official Records of Broward County, Florida. SECTION 3.10. REVISIONS TO STORMWATER ASSESSMENTS. lf any Stormwater Assessment made underthe 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 Commission is satisfied that any such Stormwater Assessment is so irregular or defective that the same cannot be enforced or collected, or if the City Commission has failed to include any Developed Property on the Stormwater Assessment Roll that should have been so included, the City Commission may take all necessary steps to impose a new Stormwater Assessment against any such Developed Property, following as nearly as may be practicable, the provisions of this Ordinance and in case such second Stormwater Assessment is annulled, the City Commission may obtain and impose other Stormwater Assessments until a valid Stormwater Assessment is imposed. SECTION 3.1{. PROCEDURAL IRREGULARITIES. Any irregularity in the proceedings in connection with the levy of any Stormwater Assessment under the provisions of this Ordinance shall not affect the validity of the same after the approval thereof, and any Stormwater Assessment as finally approved shall be competent and sufficient evidence that such Stormwater Assessment was duly levied, that the Stormwater Assessment was duly made and adopted, and that all other proceedings adequate to such Stormwater 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. Notwithstanding 17 the provisions of this Section 3.1 1 , any party objecting to a Stormwater Assessment imposed pursuant to this Ordinance must file an objection with a court of competent jurisdiction within the time periods prescribed herein. SECTION 3.12. CORRECTION OF ERRORS AND OMISSIONS. (A) No act of enor or omission on the part of the City Commission, City Manager, Property Appraiser, Tax Collector, or their respective deputies, employees or designees, shall operate to release or discharge any obligation for payment of any Stormwater Assessment imposed by the City Commission under the provisions of this Ordinance. (B) The number of ESUs attributed to a parcel of Developed Property may be corrected at any time by the City Manager. Any such correction which reduces a Stormwater Assessment shall be considered valid from the date on which the Stormwater Assessment was imposed and shall in no way affect the enforcement of the Stormwater Assessment imposed under the provisions of this Ordinance. Any such correction which increases a Stormwater Assessment or imposes an assessment on omitted Developed Property shall first require notice to the affected owner affected owner in the manner described in Section 3.05 hereof, providing the date, time and place that the City Commission will consider confirming the correction and offering the owner an opportunity to be heard. (C) After the Stormwater 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 errors and insolvencies for ad valorem taxes. 18 ARTICLE IV COLLECTION OF STORMWATER ASSESSMENTS SECTION 4.01. METHOD OF COLLECTION. Unless directed otherwise by the City Commission, Stormwater Assessments (other than Stormwater Assessments imposed against Government Property) shall be collected pursuant to the Uniform Assessment Collection Act, and the City shall comply with all applicable provisions thereof, including but not limited to (A) entering into a written agreement with the Property Appraiser and the Tax Collector for reimbursement of necessary expenses, and (B) adopting a Resolution of lntent after publishing weekly notice of such intent for four consecutive weeks preceding the hearing. The Resolution of lntent may be adopted either prior to or following the lnitial Assessment Resolution; provided however, that the Resolution of lntent must be adopted prior to January 1 (or March 1 with consent of the Property Appraiser and Tax Collector) of the year in which the Stormwater Assessments are first collected on the ad valorem tax bill. Any hearing or notice required by this Ordinance may be combined with any other hearing or notice required by the Uniform Assessment Collection Act. SECTION 4.02. ALTERNATIVE METHOD OF COLLECTION. ln lieu of using the Uniform Assessment Collection Act, the City may elect to collect the Stormwater Assessment by any other method which is authorized by law or provided by this Section 4.O2 as follows: (A) The City shall provide Stormwater Assessment bills by first class mail to the owner of each affected parcel of Developed Property, other than Government Property. 19 The bill or accompanying explanatory material shall include (1) a brief explanation of the Stormwater Assessment, (2) a description of the ESU used to determine the amount of the Stormwater Assessment, (3) the number of ESUs attributed to the parcel, (4) the total amount of the parcel's Stormwater Assessment for the appropriate period, (5) the location at which payment will be accepted, (6) the date on which the Stormwater Assessment is due, and (7) a statement that the Stormwater Assessment constitutes a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. (B) A general notice of the lien resulting from imposition of the Stormwater Assessments shall be recorded in the Official Records of Broward County, Florida. 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 appoint or retain an agent to foreclose and collect all delinquent Stormwater Assessments in the manner provided by law. A Stormwater 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 Stormwater Assessment within 60 days from the date the Stormwater Assessment was due. Such notice shall state in effect that the City or its agent will initiate a foreclosure action and cause the foreclosure of such property subject to a delinquent Stormwater Assessment in a method now or hereafter provided by law for foreclosure of mortgages on real estate, or otherwise as provided by law. (D) All costs, fees and expenses, including reasonable attorney fees and title search expenses, related to any foreclosure action as described herein shall be included 20 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 an individual person or corporation. The City may join in one foreclosure action the collection of Stormwater Assessments against any or all property assessed in accordance with the provisions hereof. All delinquent property 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 Stormwater Assessments and any other costs incurred by the City as a result of such delinquent Stormwater Assessments including, but not limited to, costs paid for draws on a credit facility and the same shall be collectible as a part of or in addition to, the costs of the action. (E) ln lieu of foreclosure, any delinquent Stormwater 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 law and this Ordinance, and (2) any existing lien of record on the affected parcel for the delinquent Stormwater Assessment is supplanted by the lien resulting from certification of the Stormwater Assessment Roll to the Tax Collector. SECTION 4.03. RESPONSIBILITY FOR ENFORCEMENT. The City and its agent, if any, shall maintain the duty to enforce the prompt collection of Stormwater Assessments by the means provided herein. The duties related to collection of Stormwater Assessments may be enforced at the suit of any holder of Obligations in a court of competent jurisdiction by mandamus or other appropriate proceedings or actions. 21 ARTICLE V GENERAL PROVISIONS SECTION 5.01. ALTERNATIVE METHOD. 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 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. SECTION 5.02. 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. SECTION 5.03. CONFLICTS. 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. SECT]ON 5.04. EFFECTIVE DATE. This Ordinance shall be in force and take effect immediately upon its passage and adoption. 22 PASSED AND ADOPTED on First Reading on the 23rd day of July, 1996. PASSED AND ADOPTED on Second and Final Reading on the 13th day of August, 1996. THE CITY OF DANIA, FLORIDA (SEAL) Bertino ayor - Commissioner ATTEST: Marie J. Jab City Clerk - Auditor Approved for Form and Correctness: B & Frank C. Adler, City Attorney 23 ORDINANCE NO. 13-96