CITY OF HALLANDALE BEACH

MEMORANDUM

DATE:                        August 19, 2009

TO:                 D. Mike Good, City Manager

FROM:            Richard Cannone, Director of Development Services

SUBJECT: An Ordinance of the City of Hallandale Beach, Florida Pertaining to Public Health and Safety; Amending Chapter 14 "Minimum Property Maintenance and Occupancy Code" by Creating Article IV, "Lot Maintenance and Clean Up" in Order to Require the Clean-up of Property Under Certain Conditions; Providing the Purpose and Intent of the Revision Providing Definitions; Declaring Certain Conditions on Lots, Parcels, and Tracts Within the City Boundaries to be a Nuisance; Prohibiting the Accumulation of Trash, Junk, or Debris, Living and Nonliving Plant Material, and Stagnant Water; Prohibiting the Excessive Growth of Grass, Weeds, Brush, and Other Overgrowth; Prohibiting the Keeping of Fill on Property that Results in Certain Conditions; Prohibiting Certain Conditions that Constitute an Imminent Threat to Public Health; Authorizing the City to Undertake Immediate Abatement and Remedy of Imminent Public-Health Threats; Providing for Enforcement of Violations; Requiring Notices to Owners and, if Applicable, Agents, Custodians, Lessees, and Occupants of Property in Violation of this Article; Providing for Appeals of Violation Notices; Authorizing the Imposition and Levy of Special Assessments if Costs are Incurred by the City and not Reimbursed by the Property Owner and, if Applicable, the Property Agent, Custodian, Lessee, or Occupant; Requiring Notices of Assessment; Creating Assessments for the Cost of Lot Clean-up; Establishing the City as a Special Assessment District; Authorizing the Levy of Non-Ad Valorem Assessment in Connection with Violations of this Article; Providing for Collection of Non-Ad Valorem Assessments; Authorizing an Agreement with the Broward County Property Appraiser and Tax Collector; Authorizing and Requiring the Adoption of a Resolution Regarding the City's Use of the Uniform Method of Collecting Non-Ad Valorem Assessments; Providing for Annual Non-Ad Valorem Assessment Rolls; Providing Transition Provisions and Ratifying Assessments to Recover Costs Incurred by the City to Remedy Violations Prior to the Ordinance's Enactment; Repealing all Ordinances Inconsistent with this Ordinance; Providing for Severability; Providing and Effective Date. (First Reading)

PURPOSE:

To enact an Ordinance establishing a City-wide Special Assessment as a way to recover cost associated with the clean-up and maintenance of vacant and unkempt properties within the City.

BACKGROUND:

The City Commission at their August 19, 2009 City Commission Meeting directed staff to prepare an Ordinance modeled after Windermere, Florida, related to the establishment of a City-wide Special Assessment District as a way to recover costs associated with the clean-up and maintenance of vacant and unkempt properties within the City.

DISCUSSION

Many properties in the City, primarily those that have been abandoned because of pending mortgage foreclosure, have accumulations of junk, trash, debris, living and nonliving plant material, stagnant water, excessive overgrowth of weeds, grass, and other objectionable, unsightly or unsanitary materials.

By enactment of the attached Ordinance, the City would further prohibit:

1. The existence of excessive accumulations or untended growths of weeds, overgrowth, or other dead or living plant life, stagnant water, rubbish, debris, trash, and all other objectionable, unsightly, or unsanitary matter upon any lot, tract or parcel;

2. Conditions conducive to the infestation or inhabitance of rodents, vermin, or wild animals;

3. Conditions conducive to the breeding of mosquitoes; and

4. Vacant properties that threaten or endanger the health, safety, or welfare of City residents or adversely affects or impairs the economic welfare of adjacent property and City as a whole. 

These prohibited conditions will be declared public nuisances, and the failure of a property owner to abate and terminate the public nuisance will result in (i) the “clean-up” of the property by the City and (ii) the imposition of a non-ad valorem special assessment on the property if the City is not timely reimbursed for the cost of the “clean-up”.

Staff would like to note that although this Ordinance would be adopted this fiscal year 2008-2009, the special assessment will appear on the trim notice mailed during the 2009-2010 fiscal year to be paid by November 2010 (2010-2011 fiscal year).  Upon adoption of this Ordinance on second reading, the City pursuant to Florida Statute 197.3632 must adopt a resolution at a public hearing prior to January 1, 2010, or March 1, 2010 if agreed by the property appraiser, and tax collector.   The resolution must state the City’s intent to use the uniform method of collecting such assessment.

Additionally, pursuant F.S. 197.3632(3)(a), the City must publicly notice its intent to use a uniform method for collection of the assessment for four (4) consecutive weeks prior to the public hearing adopting the Resolution.   If the resolution is adopted, the City must send a copy of the resolution to the property appraiser and tax collector by January 10, 2010 and if agreed by the property appraiser, tax collector, and the City March 10, 2010.

The City will also need to enter into a written agreement with both the property appraiser and tax collector pursuant to F.S. 197.3636 (2) providing for reimbursement of necessary administrative costs incurred with the collection of the assessments. 

Following the adoption of the resolution, each year the City shall adopt a non-ad valorem assessment roll at a public hearing held between January 1 and September 15.

Attached please find a copy of the Ordinance modeled after the City of Windermere, Florida in order to enact these provisions for discussion purposes.

RECOMMENDATION:

It is recommended that the attached Ordinance be approved on First Reading and placed on the agenda for Second Reading/Adoption at the September 16, 2009 Commission meeting.

Reviewed:

_______________________________                                                          __________

D. Mike Good, City Manager                                                                           Date

_____Approved                _____Disapproved                _____Hold for Discussion