HomeMy WebLinkAboutO-2024-030 Amending Ch. 27 Sec. 27-304 Stormwater Assessments AuthorizationORDTNANCE No.2o21-o3)
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH. FLORIDA. AMENDING CHAPTER 27, "WATER AND SEWER'.
ARTICLE Vl. "STORMWATER UTILITY": AT SECTION 27-304. ENTITLED
''STORMWATER ASSESSMENTS AUTHOzuZATION'" OF THE CITY CODE
OF ORDINANCES TO AUTHORIZE THE CITY TO ADMINISTRATIVELY
ALLOW THE CITY TO MODIFY AND EQUITABLY ASSESS
STORMWATER UTILITY CHARCES. AFTER REVIEW OF THE
ASSESSMENT ROLL. PROVIDING FOR CONFLICTS: PROVIDING FOR
CODIFICATION: PROVIDING FOR SEVERABILITY: FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to amend the City Code, at Chapter 27
relating to Water and Sewer. at Article VI "Stormwater Utility" in order to more equitably administer the
City's Stormwater rate calculation standards; and
WHEREAS, certain residents have argued that the City's stormwater calculation unduly impacts
certain properties, and the City has taken into consideration those concems and desires to update the
calculation process to accommodate those requests; and
WHEREAS, the City seeks to modifu section 27-304, entitled "Stormwater Assessment
Authorization" in order to provide clarity and modifr the language to allow the administration to review
modifl the assessment based upon equitable considerations for all etigible properties within the City. and
specifically allow the City to administratively modiry or adj ust specific parcel ERU values to reflect the
parcel-specific findings, whether recommended by a Prolessional Engineer or other consultant retained
by the City. or in the event that adjustment to the assessment units is deemed to be necessary by the City
while reviewing the assessment roll.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DANIA BEACH, FLORIDA:
Section 1. That the preceding "WHEREAS" clauses are ratified and incorporated as a record
ofthe legislative intent ofthis Ordinance.
Section 2 That Chapter 27 ofthe City's Code of Ordinances entitled "Water and Sewer". to
amend Article VI, entitled "Stormwater Utility". to read as follows:
CHAPTER 27
WATERAND SEWER
ARTICLE VI. STORMWATER UTILITY
Sec. 27-300. Definitions. When used in this Ordinance, the following terms shall have the meanings
set forth below, unless the context clearly requires othern'ise.
"Annual Stormwater Assessment Resolution" means the resolution described in Section
27-306 hereof, approving the Stormwater for a spccific Fiscal Year.
"Capital improvement project" means the construction. acquisitions. installation.
reconstruction, renewal or replacement of facilities deemed necessary to control and manage
thc stormwater burden generated by thc use and enjoyment of propcrty within the City.
"Cify" means thc Cit_v of Dania, Florida.
"City Cterk" means the Cir)* official described in Part lll- Article 4 of the City Chartcr. or
such person's designee.
"City Commission" means the governing body of the City of Dania, Florida.
"Cify Manager" mcans the chief executive of-ficer of thc Ciry, or such person's designee.
"Property" means any propcrb-, othcr than Tax-Exempt Institutional Property, that includes
Impen'ious Arca.
means equivalent stormwater residential unit." the standard unit to be used in
calculating the stormw-atcr burden expected to be gcncrated by the impervious arca of
developed single family' residcntial property, as such unit may from time to time be calculatcd
lrom the median of all single family properties in the Ciry" after taking into consideration an1
mitigation of the stormwater burden that rcsults from privately maintaincd stornwater
management facilities and other factors affecting thc quantiry or quality of stormw-atcr runoff.
"Effective ERU" means the total ERUs associated with a group of related condominium parcels
shall be calculated b"v multiplying the imperv-iousness ratio fbctor by the gross number of ERUs for
the entire group of related condominium parcels. To develop the "efflective ERU" value for each
condominium in the related condominium group the total ''effective ERUs'' shall be divided by the
total numher ol'condom inium units.
"Final Stormwater Assessment Resolution" mcans thc resolution described in Section 27-
305 hcrcof. w'hich shall confirm, modifu or repcal thc lnitial Stormwater Assessment
Rcsolution and whioh shall be the final procccding for the imposition of a Stormwater
Asscssment.
Resen.ed- Sec. 27-2.10-290
"Fiscal Year" mcans the period commencing on October 1 of each year and continuing
through the next succeeding Septcmbcr 30. or such other period as may bc prescribed by law'
as the fiscal r car lor the Cit).
"Government Property" means property ow-ncd by the United States of America. thc State of
Florida, a counb-, a spccial district, a municipal corporation. or any oftheir respective agencies
or political subdivisions.
"Impervious Area" means hard surfaccd areas which either prevent or scverely restrict the
entry of ',l.atcr into the soil mantle and/or cause u'atcr to run offthe surf'ace in greater quantitics
or at an increascd ratc offlow'from that present under natural conditions prior to development.
Common impervious surlaccs includc. but are not limited to, rooftops. sidewalks. walkways.
patio arcas, driveways. parking lots, storage areas and othcr surfaces which similarly' afl'ect the
natural infiltration or runoffpatterns which existed prior to development.
"Initial Stormwater Assessment Resolution" means the resolution of this Articlc hcrcof.
w-hich shall be the initial proceeding for the imposition of the Stormwater Assessment.
"Ordinance" means this Storm\ry'ater Utilitv Ordinancc.
"Property Appraiser" means the Broward Counfy Properry* Appraiscr.
"Resolution of Intent" means the resolution required by the Uniform Assessmcnt Collcction
Act to express the Cilv Commission's intent to collcct Assessments on the ad valorem tax bil[.
"Stormwater" means the flow of water which results from. and which occurs immediateh
fbllowing, a rainfall evcnt.
"Stormwater Assessment" means an annual special assessment imposed upon each benefitted
parccl within the City to tund Stormwater Management Seruices.
"Stormwater Assessment Roll" means the special assessment roll relating to Slomwatcr
Assessments, approved by a F inal Stormwater Assessmcnt Rcsolution or an Annual Stormwater
Assessment Resolution pursuant to Scction 27-306.
"Stormwater Management Services" means (A) managcmcnt and administration ofthe CiR's
Stormwatcr management program: (B) Stormwater program enginecring: (C) basin planning.
including capital improvement plan developmcnt; (D) opcrating and maintaining the City's
capital facilities for Storm* ater management. including extraordinary maintcnancc; (E) billing
and collection of Stormwatcr Asscssmcnts, including customer intbrmation services and
resen'es for available statutory payment discounts: and (F) legal. engineering and othcr
consultant serviccs. Notw-ithstanding thc forcgoing, "Stomwater Management Services" shall
not include that portion olthe cost to maintain the Cify-'s road drainage system that is attributablc
to the Storrnwater burden generated by the Impervious Area of the roads.
"Stormwater Service Cost" means thc estimated amount lbr any' Fiscal Year of all expenditures
and reasonable reserves that are properlJ' attributable to Stomwater Management Sen'iccs
provided within the City under generally acoepted accounting prinoiples, including, without
limiting the generality ofthe foregoing, reimbursement to the City lor any moneys advanced lor
Stormw-ater Management Serv'ices, and interest on any interfund or intrafund loan for such
purpose.
"Stormwater Utility" means the cntitr.' cstablished by this Article to implement the Storm\^'ater
management program of the Ciry-.
"Tax Collector" means the Broward Countl- Tar Collcctor.
"Tax Roll" mcans thc rcal properi;- ad valorem tax assessment roll maintained by the Property
Appraiser for thc purposc of thc lcvy and collection of advalorem taxes.
"Tax-Exempt Institutional Property" mcans Government Property and other property that
is used predominately or exolusively fbr educational, litcrary, scicntific, rcligious- charitablc
or governmental purposes and is exempt from ad valorem taxation under Florida [aw.
"Tax parcel" means any paroel of property to which the Broward Counf Properry Appraiser
has assigned a distinct ad valorem propert)' tax idcntification numbcr.
"Uniform Assessment Collection Act" mcans Scctions 197 .3632 and 197.3635. Florida
Statutes. or any successor statutes authorizing the collection of non-ad valorem assessments
on thc samc bill as ad valorcm taxcs, and any applicable regulations promulgated thcrcundcr.
Sec. 27-301. Interpretation.
Unless the context indicates otherwise. words imporling thc singular numbcr includc thc plural
numbcr and vice versai the terms "hereo1," "hereby," "herein," "hereto"" "hereundcr" andsimilar
terms ref-er to this Ordinancc: and thc tcrm "hereafter" means after. and the term "heretofore"
means before, the effective date of this Ordinance. Words of any gender include the correlative
words ofthe othcr gcndcrs, unlcss thc scnse indioates other*ise.
Sec. 27-302. Findings of Stormwater Utility.
It is hereby ascertained, determined anddeclared that:
(1) Pursuant to Article VIII, section2(b). Florida Constitution, andsections 166.021 and 166.041,
Florida Statutes, the City Commission has all pow-ers of local self- government to perlorm
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.
(2) The City Commission may exercise any govemmental. corporate. or proprietary power lor a
municipal purpose except when expressly prohibited by lau', and the City Commission ma1
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 166.02113), Florida Statutes. are not relevant to
Stormn'ater Assessments imposed to fund Stormwater management within the City.
(3) The purpose ofthis Ordinance is to establish the Stormwater Utilitl-and authorize the imposition
of Stormwater Assessments to provide a dedicated funding source to improve Storm[,ater
management within the Citl in a manncr consistent with the City's comprehensive plan and
applicable state and federal laws. The Stormwater Utilit), will address the quality and quantitl
of Stormwater runoff to surface and subsurlace waters.
(4) The Stormwater Assessments authorized by this Ordinance are consistent with the authority
granted in Section 403.0893, Florida Statutes, n'hich is additional authority and supplemcnts
the constitutional and statutory pow-cr of local government grantcd to a municipaliqv.
(5) Thc bcnefits providcd by the Stormwater Utility to any property located within thc City
includc. b-v w-ay of cxamplc and not limitation- thc provision of Stormw'ater management
scrviccs and the al ailabilitv and usc olfacilities or improvements by orvners and occupants
of to propcrly' and salely dctain. retain. conl'cl or treat Stormwatcr dischargcd fiom their
propcrt). stabilization oforthe incrcase of propcrtl' values. incrcascd safeq and bcttcr
acccss to propertics in the Cif-v-, improvcd appearancc of propertics in the City, rcndering
propcrties morc adaptable to a currcnt or reasonably fbreseeablc ncw and highcr usc, and
(6) allcviation ol thc burdens causcd by' Stormwatcr runoff a upon thc Cit;'s stormn'ater
s)'stcm resulting fiom such propert)'.
(6) Thc bcnetits providcd b1'the Storm$ater Utiliq bcar a logical relationship to thc value. use
and characteristics oleach propcrE-' located within the Citv.
(7) Thc Stormwatcr Assessments authorized by this Article providc an equitablc mcthod of
funding the Stormwatcr Sen'ice Cost by fairll' and rcasonably allocating the Storm$,ater
Scrvice Cost to cach Properry' classitied on thc basis ofthe Stormwater burden cxpccted to
be gcncratcd b-v-' thc phl sical charactcristics and use olsuch propertl (bf individual parccl or
an1' rcasonable classitication of parocls).
(8) Thc Stormwater Asscssments imposed purcuant to this Artiolc are imposed by the City
Commission. not the Properr,"- Appraiscr or Tax Collcctor. Any activiry- of thc Propc4,
Appraiser or Tax Collector undcr thc provisions olthis Ordinancc shall be construed as
ministcrial.
(9) The Ciry's stormwater utility is ncccssitated by historical changcs to natural watcr flow
paths as a result ol construction ol canals. roads and othcr capital projects that pcrmit
dcvclopmcnt of propcrt" within thc Cir)*. The Cit-v's stormwatcr utility and idcntified
capital improvemcnt projects prol'idc fbr the collcction. storagc. trcatment. and conve) ance
of stormwater, which bcncfit all propertics u'ithin thc Citl'.
(10) The Stormwatcr assessments authorized in this Article arc a reasonablc. cquitable
and .just metho oi funding thc idcntified opcrations, administration and capital
improvcment projcct costs olthe stormwater utility'.
Sec. 27-302. Stormwater Utility Established.
(a) There is hereby established a Stormwater Utility, which shall be the operational means of
implementing the Cit1"s Stormwater management system. The Stormwater Utility shall place
emphasis on achieving maximum economic efticiency through identifi ing programs and funding
sources uhich are complementary to other regional state and federal programs. The City Manager
shall be responsible tbr administration olthe Stormwater Utility.
(b) The Stormwater Utility shall provide Slormwater Management Services to the City. All or any
portion of the Stormwater Service Cost may be funded from the proceeds of Stormr.r.ater
Assessments.
(c) The Stormwater Utility' may also acquire and construct capital facilities for Stormwater
management. The cost ol such lacilities may be funded from proceeds of the Stormwater
assessments.
Sec. 27-303. Stormwater Utility Fund.
The City Commission intends to fund the cost of providing Stormwater Management Senices
through Stormwater Assessments. The City Commission has lurther determined that periodic
determination of revenues eamed and expenses incurred in connection with the provision of
stormv,.ater management services will enhance accountability and management control of the
City's Stormwater management program and will facilitate implementation of the City
Commission's funding policy for StormwatL'r management. Accordingly, therc shall be
established a Stormwater Utiliry* Fund. From an accounting perspcctivc. the Stormwatcr
Utiliry' Fund shall be established as a "spccial revenue firnd."
Sec. 27-304. Stormwater Assessments Authorization.
The City- Commission is hereby authorized to imposc Stormwater Assessmcnts against all
properties located within the CiB- to fund all or any portion of thc Stormwater Servicc Cost in
accordance with thc burden the propcrq" places on thc stormwater system.
(1) The Stormwatcr Service Cost shall be assessed against all parcels of property within
the Cit) at a rate ofassessment based upon the spccial benefit accruing to such properfy fromthe
City's provision of Stormwater Management Serviccs, measured by the number of ERUs
attributable to each parccl or classification of properry-. Nonvithstanding the tbregoing. if it is
specifically dctermined by the Ciry" Commission that any propeq' in the Citl receives a
distinct special bcncfit from any componcnt of the Stormwatcr Management Sen'icc that is
materially different in kind or dcgree fiom the spccial beneflt received by other portions of
the CiB-. the Stormwater Service Cost rclated to such componcnt shall be assessed against thc
portion ofthe City receiving thc distinct special bencfit.
(2) Stormwater Assessments shall be payable annually and shall be computed as for each
parcel ofpropert-v as such parcel's share ofall or any portion ofthe Stormwater Sen'ice Cost to
be tunded lrom proceeds of the Stormwater Assessment. based upon the number of ERUs
attributable to such parcel. For commercial and residential condominium units. the Effbctive
ERUs will be utilized.
(3) Where the data is insufficient to compute each parcel of property's share of all or any
portion ofthe stormwater service cost to be lunded from proceeds of the stormu'ater assessment.
The use of averaging data for like kind parcels is permitted w'hen calculated by a Professional
Engineer retained by the City.
({)In order that equitable assessment charses be aDDlied to all elis ible orooerties within the
Cir*. Tlhe Ciry* may administratively modif, or adjust specific parcel ERU values to ref'lect the
parcel-specitic findings. uhether recommended by a Prol'essional Engineer or other consultant
retained by the Citv. or in the event that adiustment to the assessment units is deemed to be
necessary by the City while reviewinc the assessment roll.
(5) The City may charge a site inspection tbe for the purpose ofverilying a parcel's eligibility
for annual renewal olits mitigation credit. Optionally. allolr'the parcel ow'ner to submit a signed
and sealed statement of a Professional Engineer, demonstrating to the satislaction of City
Engineering staff, that the parcel's mitigation f'acility is operating in substantial compliance with
its design criteria.
Sec. 27-305. Initial Stormwater Assessment Resolution.
6 ORDINANCE 4202.I-
The initial proceeding for imposition of a Stormwater Assessment shall be the City Commission's
adoption of an Initial Stormwater Assessment Resolution (A) identifuing, if applicable. that
portion of the City to receive a materially higher level of service: (B) estimating the Stormuater
Service Cost to be funded from proceeds of the Stormwater Assessments and. ifapplicable. the
incremental Stormwater Service Cost associated w-ith a higher level of service; (C) describing
with specificity the method of determining the number of ERUs attributable to each parcel or
classification of property (including any mitigation credit factors) to be utilized for the
Stormwater Assessment; (D) describing the procedure for adjusting the number of ERUs
attributable to a parcel ofproperty; and (E) identifring the proposed method of collection.
Sec. 27-306. Stormwater Assessment Roll.
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:
(l ) a summary description of each parcel of property (conflorming
to the description contained on the Tax Rotl) subject to the Stormwater
Assessment;
(2) the name ofthe owner ofrecord of each parcel as shown on the
tax roll:
(3) the number olERUs attributable to each parcel:
(4) the proposed Stormwater Assessment for each ERU; and
(5) the proposed Stormwater Assessment for each parcel.
(B) Copies of the Initial Stormwater Assessment Resolution and the preliminary Stormwater
Assessment RolI shall be on t]le inthe office ofthe Stormwater Utility and open to public inspection.
The tbregoing shall not be construed to require that the Stormwater Assessment Roll be inprinted
form ifthe amount ofthe Stormw'ater Assessment lor each parcel of Property can be determined
by use of a computer available to the public.
Sec. 27-307. Notice By Publication.
After liting the Stormwater Assessment Roll in the office of the Stormwater Utility. as required by
Section 27-306 hereol'. the City Manager shalt pubtish once in a newspaper ofgeneral circulation
within the Citv a notice stating that a public hearing of the City Commission rvill 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 ofthe Final Stormwater Assessment Resolution and approval olthe Stormwater
Assessment Roll. The published notice shall conform to the requirements set forth in the Uniform
Assessment Collection Act.
Sec. 27-308. Notice By Mail
In addition to the published notice required by section 27-307. the Cit-v Manager shall provide
notice olthe proposed Stormrater Asscssmcnt by lirst class mail to the owner ofeach parcel of
Property subject to the Stormwatcr Asscssment. The mailed notice shall conform to the
requirements set lorth in the Uniform Assessment Collection Act. Notice shall be mailed at least
20 calendar days prior to the hcaring to cach property owner at such address as is shown on
the Tax Roll on the twentieth calcndar day'prior to the date of mailing. Notice shall be deemed
1 ORDINANCE #202 4 W
mailed upon delivery thereolto the possession olthe U.S. Postal Service. Failure ofthe owner
to rcccive such notice due to mistake or inadvertence shall not affect the validitl' of the
Storm*atsr Asscssmcnt Rol[ nor rclcasc or discharge an;-' obligation for thc palmcnt of an
Stormwater Assessment imposed b_"- the City'Commission pursuant to this Ordinance.
Sec. 27-309. Final Stormwater Assessment Resolution.
At thc timc namcd in such noticc, or such time to *'hich an adjournment or continuancc ma1'
be taken. the City Commission shall receive written objcctions and hear testimony of
interested persons and may thcn, or at an)' subscquent meeting of the City Commission. adopt
thc Final Stormw'atcr Asscssmqnt Resolution which shall (A) confirm. modif! or rcpcal the
Initial Stormu'ater Assessment Resolution with such amcndmcnts. if any" as may be deemed
appropriate by the City Commission: (B) approvc thc Stormwater Assessment Roll. with such
amcndmcnts as it dccms just and right: and (C) determine the method of collection. Thc
Stormn'ater Assessments so approved shall be in proportion tothc spccial bcncfits received b1,
the affected parcels as a result of thc managcment of the Stormwater burden expected to bc
gcncratcd by thc physical characteristics and use ofthe property (by individual parcel or any
reasonable classitication of parcels). All objcctions to adoption olthe Final Stormrvatcr
Assessmcnt Rcsolution shall be made in writing. and flled w'ith thc Ciry" Clerk at or betbre the
time or adjourned time olsuch hcaring.
Sec. 27-310. Annual Stormwater Assessment Resolution.
During its budgct adoption process. the City Commission shall adopt an Annual Stormwater
Assessment Resolution lbr each Fiscal Year following adoption of the Final Stormwater
Assessmcnt Rcsolution. Thc Final Stormwater Assessment Resolution shall constitute the
Annual Stormwater Assessment Resolution for thc initial Fiscal Year. The Annual
Stormwater Assessment Rcsolution shall approve the Stormwater Asscssmcnt Roll for such
Fiscal Ycar. Thc Stormwater Assessment Roll shall bc prepared in accordance with thc lnitial
Stormu,ater Assessment Rcsolution. as conflrmed or amended by thc Final Stormwater
Assessment Resolution. If the proposed Storm\ .ater Asscssment fbr anl parcel of Propcrtl,
cxcecds the maximum amount establishcd in the Final Stormwater Asscssment Resolution or
il a Storms,ater Assessmcnt is imposed against propertv not previously subject thercto, thc
City Commission shall provide notioe to the owner of such properry' in accordance u,ith
Scctions 27.307 and 27-308 hereofand conduct a public hearing prior to adoption oftheAnnual
Storm$'ater Assessmcnt Rcsolution. Failure to adopt an Annual Stormu,ater Assessment
Resolution duringthebudget adoption proccss for a Fiscal Year may be cured at an)-time.
Sec. 27-31l. Effect of Stormwater Assessment Resolutions.
The adoption of the Final Stormwatcr Assessment Resolution or Annual Storm*atcr
Assessment Rcsolution shall be the final adjudication of the issucs presented (including. but
not limitcd to. the apportionment mcthodology,. the rate of asscssment. the adoption of thc
Stormwater Asscssment Roll and thc lcl-v and lien of the Stormuater Assessments). unlcss
proper steps are initiated in a court ofcompctent jurisdiction to sccure relief within 20 days
from the date of Ciry" Commission adoption of the Final Storm\\,atcr Assessment Resolution.
3 oRDTNANCE #202+f)zo
The Storm$'ater Assessments for each Fiscal Ycar shall be established upon adoption ofthe
Annual Stormu'atcr Assessment Resolution. The Stormwatcr Asscssmcnt Roll. as approl ed by'
the Annual Stormwater Assessmcnt Rcsolution. shall be delivered to the Tax Collector. or such
other ofticial as the Cit)' Commission. by resolution- dccms appropriate.
Sec.27-312. Lien of Stormwater Assessments.
(A) Upon adoption of the Annual Stormwater Asscssment Rcsolution for cach Fiscal Year.
Stormwater Assessments to be colleoted under the Uniform Assessment Collection Act shall
constitutc a lien against assessed property equal in rank and digniry- with the liens olall state.
countv. district or municipal taxes and other non-ad valorcm asscssments. Except as othen4ise
providcd by law. such lien shall be superior in dignity to all other liens, titles and claims. until
paid. The lien shall be deemcd perfcctcd upon adoption by the City Commission of the Annual
Stormwater Assessment Resolution and shall attach to thc propcr6" included on the
Stormwatcr Assessment Roll as of the prior January l, the lien date for ad valorem taxes.
(B) Upon adoption of thc Final Stormw-ater Assessment Resolution, Stormwater
Assessments to be collected under the alternative mcthod of collcction provided in this Article
shall constitute a lien against assessed property equal in rank and dignity with the liens of all
state. county, district or municipal taxcs and othcr non-ad valorem assessments. Except
as otherwise 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 on the date notice thereof is recorded in the
Ottlcial Records of Broward County, Florida.
Sec. 27-313. Revisions To Stormwater Assessments.
If any Stormwater Assessment made under the provisions ofthis 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 Stormw'ater Assessment is so irregular or defective that the same cannot be
enforced or collected. or if the City Commission has failed to include any pcd on the Stormwater
Assessment Rollthat should have been so included. the City Commission may take all necessary
steps to impose a new Stormwater Assessment against any such Prope(y" following as nearly as may
be practicable. the provisions olthis Ordinance and in case such second Stormwater Assessment
is annulled. the City Commission may obtain and impose other Stormw'ater Assessments until a
valid Stormwater Assessment is imposed.
Sec. 27-31.1. Procedural Irregularities.
Any inegularity in the proceedings in connection with the levy of any Stormwater Assessment
under the provisions of this Ordinance shall not afl'ect the validity ofthe same after the approval
thereof. and any Stormwater Assessment as finally approved shall be competent and sufficient
evidence that such Stormwater Assessment \!'as 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 partv objecting was
materially injured thereby. Notwithstanding the provisions of this Section 27-314. any party
I oRDTNANCE #2or+D3C)
objecting to a Stormwater Assessment imposed pursuant to this Ordinance must flle an objection
uith a court oi competent jurisdiction within the time periods prescribed herein.
Sec. 27-315. Correction of Errors and Omissions.
(A) No act olerror or omission on the part of the City Commission. City Manager. Propert"v
Appraiser. Tax Collector. or their respective deputies. employees or designees. shall operate to
release or discharge any obligation for payment ol any Stormwater Assessment imposed by the
City Commission under the provisions of this Ordinance.
( B) The number of ERUs attributed to a parcel of Property may be corrected at any time by the
City Manager. Any such correction which reduces a Stormwater Assessment shall be considered
valid fiom the date on which the Stormwater Assessment u'as imposed and shall in no way atl-ect
the enfbrcement of the Stormw'ater Assessment imposed under the provisions of this Ordinance.
Any such correction which increases a Stormwater Assessment or imposes an assessment on
omitted Propertl' shall first require notice to the af'tected owner affected owner in the manner
described in this section. providing the date. time and place that the City Commission will consider
contirming the correction and otfering the owner an opportunitl to be heard.
(C) Atier the Stormu'ater Assessment Roll has been delivered to the Tax Collector in
accordance *'ith the Uniform Assessment Collection Act. any changes. modifications or
corrections thereto shall be made in accordance uith the procedures applicable to errors and
insolvencies for ad valorem tares.
Sec. 27--116. Method of Collection.
Unlcss dirccted otherwise by thc Ciry' Commission, Stormwater Assessments (other than
Stormwatcr Asscssmcnts imposed against Govcmmcnt Properry") shall be collcctcd pursuant
to thc Unifbrm Assessment Collection Act. and thc City shall comply with all applicablc
provisions thcrcof. including but not limited to (A) cntcring into a written agreement with thc
Propcrty Appraiser and the Tax Collector lbr rcimbursement ofnecessary expenses, and (B)
adopting a Resolution of lntent after publishing wcckly noticc of such intent lor fbur
consccutivc w'ccks preceding the hearing. Thc Rcsolution of Intent may' be adoptcd cithcr
prior to or lbllow'ing the [nitial Asscssmcnt Rcsolution: provided however. that the Rcsolution
ollntcntmustbcadoptedpriortoJanuaryI(orMarchIwithconsentoftheProperry'Appraiscr
and Tax Collector) of the year in uhich thc Stormwater Assessments are first collcctcd on the
ad valorcm tax bill. An1'hearing or notice requircd by this Ordinance ma,v be combined with
an) othcr hcaring or notice required by thc Unifbrm Asscssmcnt Collection Act.
Sec. 27--317. Alternative Method of Collection.
In licu of using the' Unifbrm Assessment Collcction Act, the Ciqv may eleot to collcct thc
Stormwatcr Assessment by any othcr mcthod which is authorized by law or provided by this
Scction 27-3 I 7 as fbllows:
( I ) The city shall provide storm\,\'ater assessment bills by first class mail to the owner of each
afl'ected parcel of propert_v. other than govemment properry'. The bill or accompanl ing
erplanatory material shall includc a bricf cxplanation of thc stormwater assessmcnt. a
description of thc W-Y ERU used to dctcrminc thc amount of the storm*ater assessmcnt.
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the number of W-Y ERUs attributcd to the parcel. the total amount of thc parcel's stormwater
asscssmcnt for the appropriate period, the location at which payment will be acccptcd. and
the date on rvhich the stormwater asscssment is due, and a statement that the storm\4-ater
assessment constitutes a lien against asscssed property equal in rank and dignilv with thc
licns ofall state. count), district or municipal taxcs and other non ad valorem assessments.
Sec. 27-318. Responsibility for Enforcement.
The City' and its agent, if any. shall maintain the dutl' to enfbrce the prompt collcction of
Stormwatcr Assessments by the means provided herein. The duties related to collection ol
Stormwater Asscssmcnts may be enforced at the suit ol any holder of Obligations in a court
of competentjurisdiction by mandamus or other appropriate proceedings or actions.
Sec. 27-319. Alternative Method.
This Ordinance shall be deemed to provide an additional and altemative method for the doing
of the things authorized hcreby and shall bc rcgarded as supplemental and additional to powers
conferred by other lar.l's, and shall not be regarded as in derogation of any pow'ers now existing
or which may hcrcaftcr come into cxistence. This Ordinance. being necessary for the welfare
ofthe inhabitants ofthe City, shall be liberally construed to eflbct thc purposes hcreof.
Sec. 27-319. Use of Stormwater Assessments.
The proceeds of any stormwater assessment imposed pursuant to this article may be used tbr the
following purposes to lund the cost of capital improvement projects fbr the stormwater utility,
including b not limited to the cost of financing, engineering and permitting such capital
improvement projects to enforce the payment ofany delinquent stormwater assessments to impose
a charge for stormwater utility sen'ices on those properties in the City and lbr any other lawful
purpose.
Sec. 27-320. lssuance of tronds, certificates of indebtedness or other obligations.
( 1) Subject to applicable law, the City Commission is authorized to provide by resolution for the
issuance. sale and luture refunding ol bonds. certificates of indebtedness. loans or other
instruments or obligations (collectively rel'erred to as "obligations") for the provision of capital
improvement projects to be secured by the proceed of such obligations, including investment
eamings. stormwater assessments. special assessments and any other legally available non-a
valorem revenue pledged to secure the obligations in the authorizing resolution (such securities
refered to collectively as "pledged revenues"). Such resolutions ma1-' include terms including both
fixed and variable interest rates. covenants and conditions and establish such funds as the Citv
Commission deems appropriate.
(2) In issuing obligations under this article, it shall be lawful for the Cit to include more than one
capital improvement project or purpose in the resolution authorizing the issuance of the
obligations. The proceed of any obligations issued by the City to finance to cost of any capital
improvement project may be used to pay all costs directly or indirectly related to the provisions of
the capital improvement project or projects, unless limited bl the resolution authorizing the
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Section 3. That ilany section, clause, sentence or phrase ofthis Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity olthe remaining portions of this Ordinance.
Section 4. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to the extent of such conflict.
Section 5. It is the intention of the Mayor and City Commission of the City of Dania
Beach. and it is hereby ordained that the provisions of this ordinance shall become and be made a
part of the Code of the City of Dania Beach. Florida. The sections of this ordinance may be
renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed
to "section." "article," or other appropriate word.
Section 6. That this Ordinance shall be effective l0 days after passage on second
reading.
PASSED on lirst reading o Z5 )021.
PASSED AND ADOPTED on second reading on hut,l* 'n 2024.J
First Readin\n^^;urru, 'hrntt
xJ, c< l4a-ur Aurcl
, {ic{ Vrutr ltuwl1x\
I
SPACE INTENTIONALLY LEFT BLANK
Motion by
Second by
T
il ORDINANCE #202'1-
obligations.
(3) Any obligation issued under this section shall not be deemed to constitute a pledge of the futl
faith and credit of the Ciry, but the obligations shall be payable only liom the pledged revenues in
the manner provided by the resolution authorizing the obligations. The issuance of obligations
shall not directly or indirectly obtigate the City to ler.1- or to pledge any for ofad valorem taxation.
Motion by:
Second by:
Second
FINAL VOTE ON ADOPTION Unanimous
Yes No
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
Mayor Archibald J. Ryan IV
ATTEST:
ELO C
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
E o StS
C TTORNEY
ARCH D[. RYAN IV
MAY R
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