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CASSELBERRY CITY COMMISSION Minutes of November 14, 2011— Regular Meeting Page 13 of 23 B. Public Hearing: First Reading of Ordinance 11 -1363 — Special Assessment for Code Enforcement Abatement (LPA 11 -20) The City Clerk read Ordinance 11 -1363 by title as follows: "AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA, AUTHORIZING THE IMPOSITION AND LEVY OF SPECIAL ASSESSMENTS FOR ADMINISTRATIVE COSTS INCURRED BY THE CITY AND NOT REIMBURSED BY THE PROPERTY OWNER FOR ABATEMENT OF PUBLIC NUISANCES AS PROVIDED HEREIN; REQUIRING NOTICES OF ASSESSMENT; ESTABLISHING THE CITY AS A SPECIAL ASSESSMENT DISTRICT; AUTHORIZING THE LEVY OF NON -AD VALOREM ASSESSMENTS IN CONNECTION WITH VIOLATIONS OF CITY CODES, PART I, SECTION 70 -2, AND PART III, SECTIONS 1 -4.7 AND 3- 10.3; PROVIDING FOR THE COLLECTION OF NON -AD VALOREM ASSESSMENTS; AUTHORIZING AN AGREEMENT WITH THE SEMINOLE COUNTY PROPERTY APPRAISER AND THE SEMINOLE COUNTY 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; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE." Notice of Public Hearing: The Notice of Public Hearing relative to First Reading of Ordinance 11 -1363 was published in the Orlando Sentinel on November 3, 2011. Staff Presentation: City Manager Barbara Lipscomb advised that this ordinance was part of a series of initiatives related to code enforcement that had been discussed with the Commission previously and that Sandra Smith would be presenting additional information. Sandra Smith, Development Services Manager, gave an overview ofthe item, explaining that this ordinance, if adopted, would provide for an assessment to be applied to those properties requiring abaternent bythe City due to public nuisances. She advised that in the past fiscal year the City had incurred over $11,000 in costs associated with abating nuisances. She stated the special assessment would place these costs of abatement on the property owner's tax bill and payment would be required during the following tax year, thus providing a more immediate opportunity to recoup those costs. Ms. Smith explained the various actions that would be necessary to establish a special assessment district within the city. She added that the ordinance had been taken before the Planning and Zoning Commission and they had providing a favorable recommendation to the City Commission. She advised that if approved on first reading, the ordinance would comeback to the Commission for second reading and adoption at the December 12, 2012 meeting. Discussion: A lengthy discussion ensued regarding how the assessment amounts would be determined; the possibility of challenges to the assessment; requirements for adoption of additional ordinances and resolutions to complete the process; what the criteria were to determine if a violation constituted a public nuisance; the types of notification that would be given to the property owner; and which other cities have implemented this type of program.