HomeMy WebLinkAboutR-02-1025J-02-787
9/09/02
RESOLUTION NO.0 2 _ 10 2,15
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENTS, RELATING TO THE PROVISION
OF FIRE SERVICES, FACILITIES AND PROGRAMS IN
THE CITY OF MIAMI, FLORIDA; IMPOSING FIRE
ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED
WITHIN THE CITY OF MIAMI FOR FISCAL YEAR
BEGINNING OCTOBER 1, 2002; APPROVING THE RATE
OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission enacted Ordinance No. 11584
(the "Ordinance"), which amended the Code of the City of Miami,
Florida (the "Code"), by adding new Chapter 19.5, entitled "Fire
Rescue Assessment", which authorizes the imposition of Fire
Assessments for fire services, facilities, and programs against
Assessed Property located within the City; and
WHEREAS, the imposition of a Fire Assessment for fire
services, facilities, and programs each fiscal year is an
equitable and efficient method of allocating and apportioning
Fire Assessed Costs among parcels of Assessed Property; and
ATTAC11 q!T
C 0 X AiNot E
CITY
SEP i 1 2002
,.
02-1025
WHEREAS, the City Commission desires to impose a fire
assessment program within the City using the tax bill collection
method for Fiscal Year beginning on October 1, 2002; and
WHEREAS, the City Commission adopted Resolution No. 00-669
on July 27, 2001, (hereinafter the "Preliminary Rate
Resolution"), containing and referencing a brief and general
description of the fire facilities and services to be provided to
Assessed Property, describing the method of apportioning the Fire
Assessed Cost to compute the Fire Assessment for fire services,
facilities, and programs against Assessed Property, estimating a
rate of assessment, and directing the updating and preparation of
the Assessment Roll, provision of published notice required by
the Ordinance and mailed notice if circumstances described in
Section 19.5-10 of the Code of the City of Miami so required; and
WHEREAS, pursuant to the provisions of Section 19.5-12 of
the Code, the City is required to confirm or repeal the
Preliminary Assessment Resolution, with such amendments as the
City Commission deems appropriate, after hearing comments and
objections of all interested parties; and
WHEREAS, the updated Assessment Roll has heretofore been
made available for inspection by the public, as required by
Section 19.5-9 of the Code; and
Page 2 of 7
02-1025
WHEREAS, notice of a public hearing has been published and
mailed, as required by the terms of Sections 19.5-10 and 19.5-11
of the Code, which provides notice to all interested persons of
an opportunity to be heard, with an affidavit regarding the proof
of publication being attached hereto as Appendix A; and
WHEREAS, a public hearing was held on September 11, 2002,
and comments and objections of all interested persons have been
heard and considered as required by the provisions of
Section 19.5-12 of the Code;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. This Resolution is adopted pursuant to
Chapter 19.5 of the Code of the City of Miami, Florida, as
amended (the "Code"), the Preliminary Assessment Resolution,
Sections 166.021 and 166.041, Florida Statutes and other
applicable provisions of law.
Section 2. This Resolution constitutes the Annual Rate
Resolution as defined in Chapter 19.5 of the Code. All
capitalized terms in this Resolution shall have the meanings
defined in Chapter 19.5 of the Code and, the Initial Assessment
Page 3 of 7
Resolution (Resolution No. 98-325), and the Preliminary Rate
Resolution.
Section 3. (A) The parcels of Assessed Property
described in the Assessment Roll, as updated, which is approved,
are found to be specially benefited by the provision of the fire
services, facilities, and programs described or referenced in the
Preliminary Rate Resolution, in the amount of the Fire Assessment
set forth in the updated Assessment Roll, a copy of which was
present or available for inspection at the above referenced
public hearing and is incorporated herein by reference. It is
ascertained, determined and declared that each parcel of Assessed
Property within the City will be specially benefited by the
City's provision of fire services, facilities, and programs in an
amount not less than the Fire Assessment for such parcel,
computed in the manner set forth in the Preliminary Rate
Resolution. Adoption of this Annual Rate Resolution constitutes
a legislative determination that all parcels assessed derive a
special benefit, as set forth in Chapter 19.5 of the Code in a
manner consistent with the legislative declarations,
determinations and findings as set forth in the Ordinance, the
Initial Assessment Resolution, and the Preliminary Rate
Resolution from the fire services, facilities, or programs to be
provided and a legislative determination that the Fire
Assessments are fairly and reasonably apportioned among the
Page 4 of 7
02--1025
properties that receive the special benefit as set forth in the
Preliminary Rate Resolution.
(B) The method for computing Fire Assessments described or
referenced in the Preliminary Rate Resolution is approved.
(C) For Fiscal Year beginning October 1, 2002, the
estimated Fire Assessed Cost to be assessed is $18,674,835. The
Fire Assessments to be assessed and apportioned among benefited
parcels pursuant to the Cost Apportionment and Parcel
Apportionment to generate the estimated Fire Assessed Cost for
the Fiscal Year commencing October 1, 2002, are established as
follows:
ESIDENTIAL PROPERTY
USE CATEGORIES
Rate Per Dwelling
Unit
Single Family $ 61.00
Multi -Family $ 75.00
Public Housing $212.00
ON -RESIDENTIAL
PROPERTY USE
CATEGORIES
Building
Classification (in
square foot ranges)
Commercial
Industrial/Wa
rehouse
Institutional
< 1,999
2,000 -
3,500 -
5,000 -
10,000 -
20,000 -
30,000 -
40,000 -
50,000 -
60,000 -
70,000 -
80,000 -
90,000 -
100,000
125,000
150,000
175,000
>200,000
3,499
4,999
9,999
19,999
29,999
39,999
49,999
59,999
69,999
79,999
89,999
99,999
- 124,999
- 149,999
- 174,999
- 199,999
$124
$46
$135
$248 $92
$270
$435 $161
$473
$621 $230
$675
$1,242 $461
$1,351
$2,483 $921
$2,702
$3,725 $1,382
$4,052
$4,966 $1,843
$5,403
$6,208 $2,304
$6,754
$7,450 $2,764
$8,105
$8,691 $3,225
$9,456
$9,933 $3,686
$10,806
$11,174 $4,146
$12,157
$12,416 $4,607
$13,508
$15,520 $5,759
$16,885
$18,624 $6,911
$20,262
$21,7281 $8,0631
$23,639
$24,8321 $9,2141
$27,016
The above rates of assessment are approved. Fire
Assessments for fire services, facilities, and programs in the
Page 5 of 7 02w-1095
amounts set forth in the updated Assessment Roll, as herein
approved, are levied and imposed on all parcels of Assessed
Property described in such Assessment Roll for Fiscal Year
beginning October 1, 2002.
(D) As authorized in Section 19.5-19 of the Code, interim
Fire Assessments are also levied and imposed against all property
for which a Certificate of Occupancy is issued after adoption of
this Resolution based upon the rates of assessment approved
herein.
(E) Fire Assessments shall constitute a lien upon the
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 dignity to all other liens, titles and
claims, until paid.
(F) The Assessment Roll, as herein approved, together with
the correction of any errors or omissions as provided for in the
Ordinance, shall be delivered to the Tax Collector for collection
using the tax bill collection method in the manner prescribed by
the Ordinance. The Assessment Roll, as delivered to the Tax
Collector, shall be accompanied by a Certificate to Non -Ad
Valorem Assessment Roll in substantially the form attached hereto
as Appendix B.
Section 4. The Preliminary
confirmed.
Page 6 of 7
Rate Resolution is
02-025
Section 5. The adoption of this Annual Rate Resolution
shall 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 rate of assessment,
the Assessment Roll and the levy and lien of the Fire
Assessments), unless proper steps shall be initiated in a court
of competent jurisdiction to secure relief within 20 days from
the date of this Annual Rate Resolution.
Section 6. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor."
PASSED AND ADOPTED this 11th day of September 2002.
A"464124�4 ��
/11MUEL A. DIAZ, MAY
ff
EST:
PRISCILLA A. THOMPSON, CI CLERK
APPR D O FOR
-MotItOCORRECTNESS:L
ALDRO VILARELLO
Y ATTORNEY
W6538:GKW:BSS
1� If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted,
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
Page 7 of 7
02-1025
APPENDIX A
PROOF OF PUBLICATION
A-1
02-1025
APPENDIX B
FORM OF CERTIFICATE TO
NON -AD VALOREM ASSESSMENT ROLL
B-1
02-x025
CERTIFICATE
TO
NON -AD VALOREM ASSESSMENT ROLL
I HEREBY CERTIFY that, I am the City Manager of the
City of Miami, Florida (the "City"); as such I have
satisfied myself that all property included or includable
on the non -ad valorem assessment roll for fire services
(the "Non -Ad Valorem Assessment Roll") for the City is
properly assessed so far as I have been able to ascertain;
and that all required extensions on the above described
roll to show the non -ad valorem assessments attributable to
the property listed therein have been made pursuant to law.
I FURTHER CERTIFY that, in accordance with the Uniform
Assessment Collection Act, this certificate and the herein
described Non -Ad Valorem Assessment Roll will be delivered
to the Miami -Dade County Tax Collector on September 13,
2002.
IN WITNESS WHEREOF, I have subscribed this certificate
and directed the same to be delivered to the Miami -Dade
County Tax Collector and made part of the above-described
Non -Ad Valorem Assessment Roll this day of
SEPTEMBER, 2002.
CITY OF MIAMI, FLORIDA
WE
Carlos A. Gimenez
City Manager
B-2
02-x.025
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM 450
TO: The Honorable Mayor and
Members of the City Commission
RECOMMENDATION
DATE: g JrG ' 7 2^1:-32 FILE: FM-086.doc
SUBJECT: Final Fire Assessment Rate
Resolution for Fiscal Year
2002-2003
REFERENCES:
ENCLOSURES:
Resolution
It is respectfully recommended that the attached Final Assessment Rate -Resolution relating to the
Fire Assessment be adopted. This Resolution re -imposes the Fire assessments against assessed
property located within the City of Miami for the fiscal year beginning October 1, 2002. It
further approves the rate of assessment and assessment roll as well as provide for an effective
date.
BACKGROUND
The preliminary rate schedule was approved pursuant to Resolution No. 02-823, adopted July 9,
2002, and was in accordance with the Five Year Plan which was previously approved by the
Miami City Commission. Upon the re -imposition of Fire Assessments for fire services, facilities,
or programs against Assessed Property located within the City, the City shall provide fire service
to such Assessed Property. A portion of the cost to provide such fire services, facilities, or
programs shall be funded from proceeds of the Fire Assessments. The remaining cost required to
provide fire services, facilities, and programs shall be funded by available City revenues other
than Fire Assessment proceeds.
This Resolution constitutes the Final Assessment Rate Resolution for FY 2002-2003 as defined
in Ordinance No. 11584, adopted January 13, 1998, which initiated the process for updating the
Assessment Roll and directed the re -imposition of Fire Assessments on an annual basis, pursuant
to Section 197.3632, Florida Statutes.
Fiscal Impact: None.
.)a
CAG /MLK/TF/jam
FM.086.doc 02-1025
AUG -15-2002 12:08
J-02-595
7/1/02
CITY CLERKS OFFICE 305 858 1610 P.02/24
RESOLUTION NO. 02- 823
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENTS, RELATING TO THE PROVISION
OF FIRE SERVICES, FACILITIES AND PROGRAMS IN
THE CITY OF MIAMI, FLORIDA; ESTABLISHING THE
ESTIMATED ASSESSMENT RATE FOR FIRE
ASSESSMENTS FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2002, IN ACCORDANCE WITH THE CITY
OF MIAMI FIVE-YEAR PLAN; PROVIDING FOR NEW
DEFINITIONS; DIRECTING THE PREPARATION OF AN
ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING
FOR SEPTEMBER 12, 2002, Ai7D DIRECTING .THE
PROVISION OF NOTICE THEREOF; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
SECTION 1. AUTHORITY. This Resolution is adopted
pursuant to the provisions of the Fire Rescue Assessment
Ordinance (Ordinance No. 11584), the Initial Assessment
Resolution (Resolution No. 98-325), the Final Assessment
I
Resolution (Resolution No. 98-419), Sections 166.021 and 166.041,
Florida Statutes, and in accordance with the City of Miami Five
Year Plan and other applicable provisions of law.
SECTION 2. PURPOSE. This Resolution constitutes the
Preliminary Rate Resolution as defined. in the Ordinance which
CITY CODwsSION
YMM WG QF
J U L 0 S 2002
R0801u6cm NO.
;ATTACHMENT (5)
02-1025
AUG -15-2002 12:09
CITY
CLERKS OFFICE
305 858
1610
P.03i24
initiates
the annual
process for
updating the Assessment
Roll
and
directs the imposition of Fire Assessments for the Fiscal Year
beginning October 1, 2002.
SECTION 3. DEFINITIONS.
All capitalized words and terms not otherwise defined herein
shall have the meanings set forth in the Ordinance, the Initial
Assessment Resolution and the Final Assessment Resolution.
Unless the context indicates otherwise, words imparting the
singular number, include the plural number, and vice versa.
As used in this Resolution, the following words and terms
shall be defined as follows:
Annual Rate Resolution means the resolution
establishing the rate at which a Fire Assessment for a
specific year will be computed. The Final Assessment
Resolution shall constitute the Annual Rate Resolution
for this fiscal year.
Assessed Property means all parcels of land
included on the Assessment Roll that receive a special
benefit from the delivery of the fire services,
programs, or facilities identified in the Initial
Assessment Resolution or the Preliminary Rate
Resolution.
Assessment Roll means a special assessment roll
relating to a Fire Assessment approved by a Final
Assessment Resolution or an Annual Rate Resolution.
Final Assessment Resolution means the resolution
which shall confirm, modify, or repeal the Initial
Assessment Resolution and which shall be the final
proceeding for the imposition of the Fire Assessment.
Fire Assessed Cost means the amount determined by
the City Commission to be assessed in this fiscal year
Page 2 of 12
02-1025
AUG -15-2002 12:08 CITY CLERKS OFFICE 305 858 1610 P.04i24
to fund all or any portion of the cost of the provision
of fire services, facilities, or programs which provide
a special benefit to Assessed Property.
Fire Assessment means a special assessment
lawfully imposed by the City against assessed property
to fund the Fire Assessed Cost imposed to fund all or
any portion of the cost of the provision of fire
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 property identified in this Initial
Assessment Resolution.
Initial Assessment Resolution means the resolution
which shall be the initial proceeding for the
identification of the Fire Assessed Cost for which an
assessment is to be made and for the imposition of the
Fire Assessment.
Preliminary Rate Resolution means the resolution
initiating the annual process for updating the
Assessment Roll and directing the imposition of the
Fire Assessment pursuant the Annual Rate Resolution.
SECTION 4. PROVISION AND FUNDING OF FIRE SERVICES.
(A) Upon the imposition of Fire Assessments for fire
services, facilities, or programs against Assessed Property
located within the City, the City shall provide fire services to
such Assessed Property. A portion of the cost to provide such
fire services, facilities, or programs shall be funded from
proceeds of the Fire Assessments, The remaining required costs
to provide fire services, facilities, and programs shall be
funded by available City revenues other than Fire Assessment
proceeds.
Page 3 of 12 02-1025
AUG -15-2002 12:08
CITY CLERKS OFFICE
305 858 1610
P.05i24
(B) It
is ascertained, determined,
and declared that
each
parcel of Assessed Property located within the City will be
benefited by the City's provision of fire services, facilities,
and programs in an amount not less than the Fire Assessment
imposed against such parcel, computed in the manner set forth in
this Preliminary Rate Resolution.
SECTION 5. IMPOSITION AND COMPUTATION OF FIRE
ASSESSMENTS. Fire Assessments shall be imposed against all Tax
Parcels
within the
Property Use
Categories.
Fire
Assessments
shall be
computed
in the manner
set forth in
this
Preliminary
Rate Resolution.
SECTION 6. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT
AND FAIR APPORTIONMENT. The legislative determinations of
special benefit and fair apportionment embodied in the Ordinance,
the Initial Assessment Resolution, and the Final Assessment
Y
Resolution are affirmed and incorporated herein by reference.
SECTION 7. COST APPORTIONMENT AND PARCEL APPORTIONMENT
METHODOLOGIES. The Cost Apportionment and Parcel Apportionment
and the applicable explanatory appendices embodied and
incorporated in the Initial Assessment Resolution and Final
Assessment Resolution are affirmed and incorporated herein by
AUG -15-2002 12:09
reference.
SECTION 8.
CITY CLERKS OFFICE 305 858 1610 P.06i24
DETERMINATION OF FIRE ASSESSED COSTS;
ESTABLISHMENT OF ANNUAL FIRE ASSESSMENT.
(A) The Fire Assessed Costs to be assessed and apportioned
among benefited parcels pursuant to the Cost Apportionment and
the Parcel Apportionment for the Fiscal Year commencing
October 1, 2002, is the amount determined in the Estimated Fire
Assessment Rate Schedule, attached hereto as "Appendix A." The
approval of the Estimated Fire Assessment Rate Schedule by the
adoption of this Preliminary Rate Resolution determines the
amount of the Fire Assessed Costs. The remainder of such Fiscal
Year budget for fire services, facilities, and programs shall be
funded from available City revenue other than Fire Assessment
proceeds.
(B) The estimated Fire Assessments specified in the
Estimated Fire Assessment Rate Schedule are established to fund
the specified Fire Assessed Costs determined to be assessed in
the Fiscal Year commencing October 1, 2002. No portion of such
Fire Assessed Costs are attributable to capital improvements
necessitated by new growth or development.
Page 5 of 12 o 2_ to 25
AUG -15-2002 12:09 CITY CLERKS OFFICE
721.5 .5= '.5.. _ . 77i2Z
(C) Institutional Property, whose use is wholly exempt from
ad valorem taxation under Florida law, provides facilities and
uses to the ownership, occupants, membership, as well as the
public in general that otherwise might be requested or required
to be provided by the City and such use thereof serves a
legitimate public purpose and provides a public benefit,
Therefore, it is fair and reasonable not to impose Fire
Assessments upon such Institutional Property whose use is also
wholly exempt from ad valorem taxation under Florida law.
(D) Public housing is intended to relieve a shortage of
safe or sanitary dwelling accommodations available at rents which
persons of low income can afford and avoid conditions which
otherwise might necessitate the further expenditures of public
funds. The existence of public housing is recognized as serving
a public purpose and providing a public benefit. Therefore, it
is fair and reasonable not to impose Fire Assessments upon Public
Housing Property.
(E) It is ascertained, determined and declared that it is
in the best interest of the citizens of the City of Miami to
assist very low income residential property owners with the
financial burden created by the imposition of a Fire Assessment.
Accordingly, the City elects to continue to assist residential
Page 6 of 12 5
02-102
AUG -15-2002 12:09 CITY CLERKS OFFICE 305 859 1610 P.08/24
property owners who qualify for Florida's Homestead Property Tax
Deferral Program pursuant to Sections 197.242 through 197.253,
Florida Statutes. All qualified applicants who receive such a
Homestead Tax Deferral for the Fiscal Year in which the Fire
Assessment is being imposed shall have their Fire Assessment paid
by the City from legally available funds other than those derived
from the Fire Assessment proceeds.
(F) Provided, however, any shortfall in the expected Fire
Assessment proceeds due to any reduction or exemption from
payment of the Fire Assessments required by law or authorized by
the City Commission shall be supplemented by any legally
available funds, or combination of such funds, and shall not be
paid for by proceeds of funds derived from the Fire Assessments.
It is the legislative determination of the Citv Commission that
in the event a court of competent jurisdiction determines any
exemption or reduction by the City Commission is improper or
otherwise adversely affects the validity of the Fire Assessment
imposed for this Fiscal Year, the sole and exclusive remedy shall
be the imposition of a Fire Assessment upon each affected Tax
Parcel in the amount of the Fire Assessment that would have been
otherwise imposed save and except for such reduction or exemption
afforded to such Tax Parcel by the City.Commission.
Page 7 of 12
02�11025
AUG -15-2002 12:09 CITY CLERKS OFFICE
305 eye 1610 P.09i24
(G) The estimated Fire Assessments established in this
Preliminary Rate Resolution shall be the estimated assessment
rates applied by the City Manager in the preparation of the
updated Assessment Roll for the Fiscal Year commencing October 1,
2002, as provided in Section 9 of this Preliminary Rate
Resolution.
SECTION 9. ANNUAL ASSESSMENT ROLL.
(A) The City Manager is directed to prepare, or cause to be
prepared, an updated Assessment Roll for the Fiscal Year
commencing October 1, 2002, in the manner provided in the
Ordinance. The updated Assessment Roll shall include all Tax
Parcels within the Property Use Categories. The City Manager
shall apportion the estimated Fire Assessed Cost to be recovered
through Fire Assessments in the manner set forth in this
Preliminary Rate Resolution. A copy of this Preliminary Rate
Resolution, the Ordinance, the Initial Assessment Resolution, the
Final Assessment Resolution, and the updated Assessment Roll
shall be maintained on file in the Office of the City Clerk and
opened to public inspection. The foregoing shall not be
construed to require that the updated Assessment Roll proposed
for the Fiscal Year beginning October 1, 2002, be in printed form
if the amount of the Fire Assessment for each parcel of property
Page 8 of 12
02-1025
AUG -15-2002 12:09 CITY CLERKS OFFICE
305 858 1610 P.10i24
can be determined by the use of a computer terminal available to
the public.
(B) In determining the estimated Fire Assessment for any
Tax Parcel, the updated Assessment Roll shall include, pursuant
to Section 19.5-20(B) of the Ordinance, an amount equivalent to
any delinquent Fire Assessment imposed for a prior fiscal year,
together with any costs, fees or expenses attributable thereto.
(C) It is ascertained, determined, and declared that the
method of determining the Fire Assessments for fire services as
set forth in the Initial Assessment Resolution, the Final
Assessment Resolution and this Preliminary Rate Resolution is a
fair and reasonable method of apportioning the Fire Assessed Cost
among parcels of Assessed Property located within the City.
SECTION 10. AUTHORIZATION OF PUBLIC HEARING. There is
established a public hearing to be held at 5:05 p.m. on
September 12, 2002, in the City Commission Chambers of City Hall,
3500 Pan American Drive, Miami, Florida, at which time the City
Commission will receive and consider any comments on the Fire
Assessments from the public and affected property owners and
consider imposing Fire Assessments for the Fiscal Year beginning
October 1, 2002,.and collecting such assessments on the same bill
Page 9 of 12
02-1025
AUG -15-2002 12:09 CITY CLERKS OFFICE
as ad valorem taxes.
305 e5e ? 6ae r-. '.:./2 -/
SECTION 11. NOTICE BY PUBLICATION. The City Manager
shall publish a notice of the public hearing authorized by
Section 10 of this Preliminary Rate Resolution in the manner and
time provided in Section 19.5-10 of the Ordinance. The notice
shall be published no later than August 23, 2002, in
substantially the form attached hereto as "Appendix B."
SECTION 12. NOTICE BY MAIL_
(A) Pursuant to Section 200.069(13)(a), Florida Statutes,
and with agreement of the Property Appraiser, the City Commission
elects to combine notice of the public hearing authorized by
Section 10 hereof with the truth-in-millage notification required
pursuant to Section 200.069, Florida Statutes. Such mailed
notice shall be in the form required by Section 200.069(13)(a),
Florida Statutes, and provide all of the information required by
the Uniform Assessment Collection Act and the Ordinance necessary
to impose Fire Assessments for the Fiscal Year beginning
October 1, 2002.
Page 10 of 12
02-1025
AUG -15-2002 12:09 CITY CLERKS OFFICE 305 858 1610 P.12i24
(B) By August 10, 2002, the City Manager shall make the
determination whether the Property Appraiser is able and willing
to timely combine the mailed notice provided for in
subsection (A) of this Section with the truth-in-millage
notification required pursuant to Section 200.069, Florida
Statutes. If the City Manager determines the Property Appraiser
is unable or unwilling to timely combine the mailed notice
provided for in subsection (A) of this Section with the truth-in-
millage notification required pursuant to Section 200.069,
Florida Statutes, then the City Manager is authorized and
directed to provide notice by first class mail to the Owner of
each parcel of Assessed Property, as required by Section 19.5-11
of the Ordinance. Such notice shall be in substantially the form
attached hereto as `Appendix C." Such notices shall be mailed no
later than August 23, 2002.
SECTION 13. APPLICATION OF ASSESSMENT PROCEEDS. Proceeds
derived by the City from the Fire Assessments will be utilized
for the provision of fire services, facilities, and programs. In
the event there is any fund balance remaining at the end of the
Fiscal Year, such balance shall be carried forward and used only
to fund fire services, facilities, and programs.
SECTION 14. EFFECTIVE DATE. This Preliminary Rate
Resolution shall take effect immediately upon its passage and
adoption.
Page 11 of 12
02-1025
AUG -15-2002 12:10 CITY CLERKS OFFICE 305 e5e '.6 .e
SECTION 15. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.i'
PASSED AND ADOPTED this 9th day of Jul , 2002.
MANUEL A. DIAZ,
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED A �0RM,,X1b4'CORRECTNESS:jt:e
6397:GKW:BSS
1/ If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
Page 12 of 12
02-1025
AUG -15-2002 12:10 CITY CLERKS OFFICE 305 858 1610 P.1424
APPENDIX A
ESTMATED FIRE ASSESSMENT RATE SCREDULE
PI
02-1025
AUG -15-2002 12:10 CITY CLERKS OFFICE 305 858 1610 P.1524
APPENDIX A
ESTIMATED FIRE ASSESS14M RATE SCHEDULE
SECTION A-1. DETERMINATION OF FIRE ASSESSED COSTS. The
estimated Fire Assessed Costs to be assessed for the Fiscal Year
commencing October 1, 2002, is 518,674,635.
SECTION A-2. ESTIMATED FIRE ASSESSMENTS. The estimated Fire
Assessments to be assessed and apportioned among benefited parcels
pursuant to the Cost Apportionment and Parcel Apportionment to
generate the estimated Fire Assessed Cost for the Fiscal Year
commencing October 1, 2002, are established as follows for the purpose
of this Preliminary Rate Resolution;
RESIDENTIAL
PROPERTY USE
CATEGORIES
Single Family
Rate Per
Dwelling Unit
S 61. -nj
75.0
$212.05
u ti -rami y
Pub I is Housing
NON-RESIDENTIAL
PROPERTY USE
CATEGORIES
Building
Classification
(in square foot
ranges)
< 1,999
Commercial
124
Industrial/
Warehouse
$ 46--
Institutional
13
2,000 - x,499 29 92
270
3,500 - T999 M 161
- 99 c 230
10, 0 - ,99 1,24 461
d-475,
0, 0 -29, 99 , 4H3 21
,10,0 - 39, 99 72 a
40,O00 - 49, 9 $4,3 $rl,
$5,4031
50,000 - 59,9 _____$_6,208 $2,3041
$6,7541
60,000 -691-9-9-9- $'7 4 4
$811-0
70,0 - 79,999 $8, 1 $3,
9,45
01 0 - 89,999- $9,•9 3,
$10,
0,0 - 99, 99 11,17 4,1
12,
,00 - 124, 99T S12,4I 4,60
13,
12 5, TO0 - 149,999- 1673'22-0
$16,88
150f000 - 1 4,999 ,624 ,911$20,2621
175,000 - 199, 9 S2 27 ,063,63
> 200,000 4, 9, 4
2 , 1
Rev.61102 02-
A-1
AUG -15-2002 12:10 CITY CLERKS OFFICE
.lp
'XPPENDIX H
FORM OF NOTICE TO BE PUBLISHED
305 858 1610 P. 16/24
02_1025
AUG -15-2002 12:10 CITY CLERKS OFFICE
APPENDIX B
FORM OF NOTICE TO BE PUBLISHED
To Be Published by August 23, 2002.
[INSERT MAP OF CITY]
305 858 1610 P.17/24
NOTICE OF HEARING TO IMPOSE AND .
PROVIDE FOR COLLECTION OF FIRE SPECIAL ASSESSMENTS
Notice is given that the City Commission of the City of Miami
will conduct a public hearing to consider imposing special
assessments for the provision of fire services within the City of
Miami for the Fiscal Year beginning October 1, 2002.
The hearing will be held at 5:05 p.m. on September 12, 2002,
in the City Commission Chambers of City Hall, 3500 Pan American
Drive, Miami, Florida, for the purpose of receiving public comment
on the proposed assessments. All affected property owners have a
right to appear at the hearing and to file written objections with
the City Commission within 20 days of this notice. If a person
decides to appeal any decision made by the City Commission with
respect to any matter considered at the hearing, such person will
need a record of the proceedings and may need to ensure that a
verbatim record is made, including the testimony and evidence upon
which the appeal is to be made. In accordance with the Americans
with Disabilities Act, persons needing a special accommodation or
an interpreter to participate in this proceeding should contact the
City Clerk at (305) 250-5360 at least seven days prior to the date
B-1
02.1025
AUG -15-2002 12:10 CITY CLERKS OFFICE
of the hearing.
305 858 1610 P.18/24
The assessment for each parcel of property will be based upon
each parcel's classification and the total number of billing units
attributed to that parcel. The following table reflects the
proposed fire assessment schedule.
TY USE
ORIES
Rate Per
Dwelling Unit
61.00ame
75.00Housing 212.00
Family
FRESIDENTIAL
y
N-
ENTIAL
TY USE
CATEGORIES
Building
Classification
(in square foot
ranges)
Commercial
Industrial/
warehouse
Institutional
1,999
$ 124.
$ 46
$ 135
2,000 - 3,!199 248 92
270
3,500 - 4,999 435 161
473
5,000 - 9,999 621 $ 230
$ 675
10,000 - 19,999 1,242 461
11351
20,000 - 29,999 2,483 921
2,702
30,000 - 39,999 3,725 1,382
4,052
40,000 - 49,999 4,966 $1,843
5,403
50,000 - 59,999 6,208 Y2,304
60,000 - 69,999 7,450 2,764
70,000 - 79,999 8,691 3,225
80,000 - 89,999 9,933 3,686
90,000 - 99,999 11,174 4,146
100,000 - 124,999 $12,416 4,607
fl$23,639
125,000 - 149,999 $15,520 5,759
150,000 - 174,999 18,624 6,911
175,000 - 199,999 21,727 8,063>200,000
24,832 9,214
Pursuant to Section 8of the Preliminary Rate Resolution
(Resolution No. 02- ), the Citv Commission has ascertained,
determined, and declared that Institutional Properties provide
facilities and uses to the ownership, occupants, membership, as
well as the public in general that otherwise might be requested or
-2 02-1025
AUG -15-2002 12:11 CITY CLERKS OFFICE 305 858 1610 P.19i24
required to be provided by the City and such use thereof serves a
legitimate public purpose and provides a public benefit.
Therefore, it is fair and reasonable not to impose Fire Assessments
upon such Institutional Property whose use is also wholly exempt
from ad valorem taxation under Florida Law, which typically
describes improved parcels which are neither residential,
commercial or industrial in use, and are predominately used for
educational, governmental, eleemosynary, community service,
religious, cultural, literary, health care, benevolent and
scientific purposes.
Pursuant to Section e of the Preliminary Rate Resolution the
City Commission has ascertained, determined, and declared that
Public Housing Property relieves a shortage of safe or sanitary
dwelling accommodations available at rents which persons of low
income can afford and avoids conditions which otherwise might
necessitate the further expenditure of public funds. Therefore, it
is fair and reasonable not to impose Fire Assessments upon Public
Housing Property.
Any shortfall in the expected Fire Assessment proceeds due to
any reduction or exemption from payment of the Fire Assessments
required by law or authorized by the City Commission shall be
supplemented by any legally available funds, or combination of such
funds, and shall not be paid for by proceeds of funds derived from
the Fire Assessments. The City Commission has also made the
legislative determination that in the event a court of competent
jurisdiction determines any exemption or reduction by the City
B-3
f
02-1025
AUG -15-2002 12:11 CITY CLERKS OFFICE
305 858 1610 P.20i24
Commission is improper or otherwise adversely affects the validity
of the Fire Assessments imposed for this Fiscal Year, the sole and
exclusive remedy shall be the imposition of a Fire Assessment upon
each affected tax parcel in the amount of the Fire Assessment that
would have been otherwise imposed save and except for such
reduction or exemption afforded to such tax parcel by the City
Commission.
Copies of the Fire Rescue Assessment Ordinance (Ordinance
No. 11584), the Initial Assessment Resolution (Resolution
No. 98-325), the Final Assessment Resolution (Resolution
No. 98-419), the Preliminary Rate Resolution (Resolution
No. 02- ), and the amendment thereto, initiating the annual
process of updating the Assessment Roll and imposing the Fire
Assessments, and the preliminary Assessment Roll for the upcoming
fiscal year are available for inspection at the Office of the City
Clerk of Miami, Florida, 3500 Pan American Drive, Miami, Florida.
The assessments will be collected on the ad valorem tax bill
to be mailed in November 2002, as authorized by Section 197.3632,
Florida Statutes. Failure to pay the assessments will cause a tax
certificate to be issued against the property which may result in a
loss of title.
If you have any questions, please contact the Department of
Finance at (305) 416-1570, Monday through Friday between 8:30 a.m.
and 4:30 p.m.
CITY CLERK
CITY OF MIAMI, FLORIDA
02-1025
B-4
AUG -15-2002 12:11 CITY CLERKS OFFICE 305 858 1610 P.21/24
APPENDIX C
FORM OF NOTICE TO BE MAILED
IN THE EVENT THAT THE PROPERTY
APPRAISER DOES NOT COMBINE THE ASSESSMENT
NOTICE WITH THE TRIM NOTIFICATION
0w' -`l0
AUG -15-2002 12:11 CITY CLERKS OFFICE 305 858 1610 P.22r24
APPENDIX C
FORM OF NOTICE TO BE MAILED
* * * * * NOTICE TO PROPERTY OWNER * * * * *
City of Miami
3500 Pax, American Drive
Miami, Florida 33133
Owner Name
Address
City, State Zip
CITY OF MIAMI, FLORIDA
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION
OFNON-AD VALOREM FIRE ASSESSMENTS
NOTICE DATE: AUGUST 23, 2002
Tax Parcel #:
Legal Description:
Sequence #:
As required by Section 197,3632, Florida Statutes, notice is
given by the City of Miami that an annual assessment for fire
services using the tax bill collection method, may be levied on
your property for the Fiscal Year October 1, 2002 - September 30,
2003. Previous special assessments to fund fire services
benefiting improved property located within the City of have
proven to be fair, efficient and effective. The total annual
fire assessment revenue to be collected within the City of Miami
for the upcoming fiscal year is estimated to be $18,674,835. The
annual fire assessment is based on the classification of each
parcel of property and number of billing units contained therein.
The above parcel is classified as
The total number of number of billing units on the above
parcel is
C-1
02--1025
AUG -15-2002 12:11
CITY CLERKS OFFICE
305
858 1510
P.23i24
The
annual' fire assessment
for the above
parcel
is
e
A public hearing will be held at 5:05 p.m. on September 12,
2002, in the City Commission Chambers of City Hall, 3500 Pan
American Drive, Miami, Florida for the purpose of receiving
public comment on the proposed assessments. This notice
addresses a special assessment to partially fund the cost to make
fire services available during the period from October 1, 2002,
through September 30, 2003, which will be collected on the same
bill as ad valorem taxes. You and all other affected property
owners have a right to appear at the hearing and to file written
objections with the City Commission within 20 days of this
notice. If you decide to appeal any decision made by the City
Commission with respect to any matter considered at the hearing,
you will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and
evidence upon which the appeal is to be made. In accordance with
the Americans with Disabilities Act, persons needing a special
accommodation or an interpreter to participate in this proceeding
should contact the City Clerk at (305) 250-5360 at least seven
days prior to the date of the hearing.
Unless proper steps are initiated in a court of competent
jurisdiction to secure relief within 20 days from the date of
City Commission action at the above hearing (including the method
Of apportionment, the rate of assessment and the imposition of
C-2 02-JO25
AUG -15-2002 12:11
CITY CLERKS
OFFICE
305 858 1610
P.24/24
assessments),
such action
shall
be the final adjudication of
the
issues presented.
Copies of the Fire Rescue Assessment Ordinance (Ordinance
No. 11564), the Initial Assessment Resolution (Resolution
No. 98-325), the Final Assessment Resolution (Resolution
No. 98-419), the Preliminary Rate Resolution initiating the
annual process of updating the Assessment Roll and imposing the
Fire Assessments, and the preliminary Assessment Roll for the
upcoming Fiscal Year are available for inspection at the Office
of the City Clerk of Miami, Florida, 3500 Pan American Drive,
Miami, Florida.
Both the non -ad valorem fire assessment amount shown on this
notice and the ad valorem taxes for the above parcel will be
collected on the ad valorem tax bill mailed in November. Failure
to pay the assessments will cause a tax certificate to be issued
against the property which may result in a loss of title.
If there is a mistake on this notice, it will be corrected.
If you have any questions regarding your fire assessment, please
contact the City of Miami Finance Department at (305) 416-1570,
Monday through Friday between 8:30 a.m. and 4:30 p.m.
* * * * THIS IS NOT A BILL * * * * *
C-3 02-1025
TOTAL P.24
J-97-922/2
12/30/97
ORDINANCE N0. 11584
AN ORDINANCE CREATING NEW CHAPTER 19.5 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "FIRE. RESCUE ASSESSMENT",
RELATING TO THE PROVISION OF FIRS RESCUE
,*SERVICES, FACILITIES, AND PROGRAMS IN THE
CITY OF MIMI, FLORIDA; AUTHORIZING THE
IMPOSITION AND COLLECTION OF FIRE RESCUF
ASSESSMENTS A JN£T PROPERTY THROUGHOUT THE
CITY OF MIAMI; PROVIDING CERTAIN DEFINITIONS
AND DEFINING THE TERM "FIRE RESCUE
ASSESSMENT"; ESTABLISHING THE PROCEDURES FOR
I14POSING FIRh RESCOM ASSESSMENTS; PROWDING
THAT FIRE RESCUE ASSESSMENTS CONSTITUTE A
LIEN ON ASSESSED PROPERTY UPON ADOPTION OF
ASSESSMENT ROLL; PROVIDING THAT THE LIEN FOR
A FIRE RESCUE ASSESSMENT CCS}.i :C:-iBD PURSUANT
TO SECTIONS 197.3632 AND 197.3635, FLORID,.
6PTATUTES , UPON Pip,; ECTIONi .SHJVJi . kTT1. CH TO THE
PROPERTY ON THE PIZ:r r J4WQT:kY 1, THE LIEN
DATE FOP. AD VALORM4 TA=S; "aVtn.DI?U Tx AT A
PERFECTED LIEN SHALL BE EQUAL IN -RANK AND
DIGNITY WITH THE LfWS OF ALL STAT$, COUNTY,
DISTRICT, OR MU*ICIPAL TAXES AND ASSESSMENTS
AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR
LIEN ; MORTrI:rIB, , TITLES, AND CLAIMS;
AU7'w0f' T Z iW-'4'! :% IK%:0S ITY ON Oj+ INTERIM
ASS2; - '."WU ; PROCEDURES' FOR
COLLECTION Off' FIRE R.ESCGL AEESSESSMEN! P;
PROVIDING A MECHANISM FOR THE IMPOSITION OF
ASSESSMENTS ON GOVERNMENT PROPBRT7l; MORE
PARTICULARLY BY ADDniG NEW SECTIONS 19.5-1
THROUGH 19.5-23 TO SAID CODE; CONTAINING A
RBPEA:zR PROVISIONi AND A SEVERABILITY CLAUSE;
PROVIDING- AN EFFECTIVE DATE; AND PROVIDING
FOR INCLUSION IN TEE CITY CODE.
BB IT ORDAINED BY THE CONNISSIONi OF THE CITY OF MIAMI,
FLORIDA: r'r`
Section 1. New Chapter 19.5, entitled "Fire Rescue
Assessment", is hereby added to the Code of the City of Miami,
Florida, as amended, as follows:
"CHAPTER 19.5
Fire Rescue Assessment
ARTICLE 1. IN GENERAL
Sec. 19.5-1. Definitions.
As used in this Chapter, the following words and
terms Uhall have the following meanings, unless the
context clearly otherwise requires:
"Annual Rate Resolution" means the resolution
described in section 19.5-14 hereof, esta<.lishing the
rate at which a Fire Rescue Assessment for a specific
FiscAT Year will- be- computed. The Final Assessment
Resolution shall constitute the Annual Rate Resolution
for the initial Fiscal Year in which a Fire Rescue
Assessment is imposed or reimposed.
"Assessed Property" means all. parcels Of land
included on the Assessment Roll that receive a special
benefit from the delivery of the fire rescue services,
programs or facilities identified in the Initial
Assessment Resolution or the 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 19.5-12
hereof or an Annual Rate Resolution pursuant to section
19.5-14 hereof.
"Building• means any structure, whether temporary
or permanent, built for support, shelter or enclosure
of persons, chattel, or property of any kind. This
term shall include mobile homes or any vehicles serving
in any way the function of a building.
"Certificate of Occupancy" means the written
certification issued by the City that a Building is
ready for occupancy for its intended use. For the
purposes of this ordinance, a set up permit or its
equivalent issued for a mobile home shall be considered
a Certificate of Occupancy.
"City" means the City of Miami, Florida.
ap
- Z '
02--1025
I
"City Commission" means the governing body of the
City of Miami, Florida.
"City Manager" means the head of the
administrative branch of the City as defined in the
City Charter, or his designee.
"Final Assessment Resolution" means the resolution
described in section 19.5-12 hereof which shall
confirm, modify, or repeal the Initial Assessment
Resolution and which shall be the final proceeding for
the initial imposition of Fire Rescue Assessments.
"Fire Rescue Assessment" means a special
assessment lawfully imposed by the City against
Assessdd Property to fund the Fire Rescue Assessed Cost
imposed 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 az a
consequence of possessing a logical relationship to the
value, use, or characteristics of property identified
in tft'Initial Assessment Resolution*or the Preliminary ,.
Rate Resolution. -
"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
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; (B) 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; (8) the cost
of salaries, workers' compensation insurance, or other
employment benefits; (I) the cost of uniforms,
training, 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; iL)
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
- 3 -
f.:
0-x:025
A4A0Ct
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 .19.5-21 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 expenses as may
be n cessary or incidental to any related financing
authdrized by the City Commission by subsequent
resolution; (0) a reasonable amount for contingency and
anticipated delinquencies and uncollectible Fire Rescue
Assessments; and (P) reimbursement to the City or any
other Person for any moneys advanced for any costs
incurred by the City or such Person in connection with
any of the foregoing components of Fire Rescue Assessed
Cost.
"Fiscal Year" means that period commencing October
1st of each year and continuing through the next
succeeding September 30th, or such other period as may
beprescribed by lav as the fiscal year for the City.
"Government Property" means property owned by the
United States of America or any agency thereof, a
sovereign state or nation, the State of= -Florida or any
agency thereof, a county, a special 'district or a
municipal corporation.
"Ini tial Assessment Resolution" means the
resolution described in section 19.5-8 hereof which
shall be the initial proceeding for the identification
of the Fire Rescue Assessed Cost for which an
assessment is to be made and for the imposition 'of a
Fire Rescue Assessment.
"Ordinance" means this Fire Rescue Assessment
"Owner" ihall mean the Person reflected as the
owner of Assessed Property on the Tax Roll.
"Person" mesas any individual, partnership, firm,
organi$ation, 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 19.5-14 hereof initiating the
annual process for updating the Assessment Roll and
directing the reimposition of Fire Rescue Assessments
pursuant to an Annual Rate Resolution.
-4-
0z.-1025
"Property Appraiser" means the Property Appraiser
of the County.
"Tax Collector" means the Department of Finance
and Administrative Services as described in Article IV
of the Dade County Charter.
"Tax Roll" means the real property ad valorem tax
assessment roll maintained by the Property Appraiser
for Ithe purpose of the levy and collection of ad
valorem taxes.
"Uniform Assessment Collection Act" means sections
197.3632 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, r and any applicable regulations promulgated
thereunder.
Sec. 19.5-2. 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 before, the
effective date of this Ordinance. Words of any gender
include the correlative words of the other genders,
unless the sense indicates otherwise.
Sec. 19.5-3. General Findings.
It is hereby ascertained, determined, and declared
that:
(A) Pursuant to Article VIII, 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,
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.
. (H) 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
- 5 -
02--1025
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
asseissments; (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 Assessed Property from the provision of
combined fire control and emergency medical services by
the City under its consolidated 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.
*.18) The Fire Rescue Assessment imposed ,pursuant
to this Ordinance is imposed by the City Commission,
not the Dade County Board of County Commissioners,
Property Appraiser or Tax Collector. Any activity of
the Property Appraiper or Tax Collector under the
provisions of this Ordinance shall be construed as
ministerial.
Sec. 19.5-4. 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 construction
of a'dwelling unit or Building based upon the following
legislative determinations:
(A) Fire rescue services, which include the
combined fire control and emergency medical services of
the City under its existing consolidated fire rescue
program, possess a logical relationship to the' use and
enjoyment of improved property by: (1)'protecting the
value of the improvements and structures through the
provision of available fire rescue services; (2)
protecting the life and safety of intended occupants,in
the use and enjoyment of improvements and structures
within improved parcels; (3) lowering the cost of fire
or other insurance by the presence of a professional
and comprehensive fire rescue program within the City;
and (4) containing the spread of fire incidents
occurring on vacant property with the potential to
6 -
02-x:025
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 enhance and
strengthens the relationship of such services to the
use and enjoyment of Buildings within improved parcels
of qFoperty 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 existenr-e 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 .
Sec. 19.5-5. Applicability.
This Ordinance and the -City's authority to impose
assessments pursuant hereto shall be applicable
throughout the City.
Sec. 19.5-6. Alternative method.
(A) This Ordinance shall be deemed to provide an
additional r.ad alternative method for the doing of the
things authorized "hereby and shall be regarde`: ars
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.
(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, (Z) any notice
required by this Ordinance, or (3) any notice required
by law, including the Uniform Assessment Collection
Act."
- 7 -
OL
02-1025
ARTICLE II.
ANNUAL FIRE RESCUE ASSESSMENTS
Sec. 19.5-7. 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
benefited 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 Fire Rescue Assessments shall be
imposed in conformity with the procedures set forth in
this Article II.
(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 pwaperty designed to provide a fair and reasonabhle
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.
Sec. 19.5-8. Initial proceedings.
The initial proceeding for the imposition of a
Fire Rescue Assessment shall be the adoption of an
Initial Assessment Resolution by the City Commission
(A) containing a brief and general description of the
fire rescue services, facilities, or programs to be
provided; (8) -estimating the Fire 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
receive a special benefit from the. provision of fire
rescue services, facilities, or programs or describing
a specific geographic area in which such service,
facility, or program will be provided; (B) establishing
an assessment rate for the upcoming Fiscal Year; and
(F) directing the City Manager to (1) prepare the
initial Assessment Roll, as required by section 19.5-9
hereof, (2) publish the notice required by section
19.5-10 hereof, and (3) mail the notice required by
02-1025
AW
section 19.5-11 hereof using information then available
from the Tax Roll.
Sec. 19.5-9. Initial assessment roll.
(A) The City Manager shall prepare, or direct the
preparation of, the initial Assessment Roll, which
sh4l contain the following:
(1) A summary description of all Assessed
Property conforming to the description contained
on the Tax Roll.
(2) The name of the Owner of the Assessed
Property.
(3) The amount of the Fire Rescue Assessment
to be imposed against each such parcel of Assessed
Property.
(B) The initial Assessment Roll shall be retained
by `fie City Manager and -shall be open to public
inspection. The .foregoing shall not be construed to
require that the Assessment Roll be in printed form if
the amount of the Fire Rescue Assessment for each
parcel of property I can-, be determined by use of a
computer terminal available to the public.
Sec. 19.5-10. Notice by publication.
Upon completion of the initial Assessment Roll,
the City Manager 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
19.5-12 hereof; (8) the method by which the Fire Rescue
Assessment will be collected; and (F) a statement that
the initial Assessment Roll is available for inspection
02-1025
at the office of the City Manager and all interested
persons may ascertain the amount to be assessed against
a parcel of Assessed Property at the office of the City
Manager.
Sec. 19.5-11. Notice by mail.
-*(A) If the City decides to collect the Fire
Rescue Assessments on the same bill as ad valorem taxes
in the manner provided in the Uniform Assessment
Collection Act, the City Manager shall additionally
provide notice, or direct the provision of 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
suchtsunits contained in each parcel of property; (B)'
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. Such
mailed notice shall conform to the requirements set
forth in the Uniform Assessment Collection Act. Notice
shall be mailed at least 2.0 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 Manager 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.
(B) No individually mailed notice to affected
Owners, in addition to the published notice in section
19.5-10 hereof, shall be required in the event the City
employs an alternative method of collection and chooses
not to collect the Fire Rescue Assessments on the same
bill as ad valorem taxes.
- 10 -
Sec. 19.5-12. Adoption of Final Assessment Resolution.
At the time named in such notice, or to which 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
adopt the Final Assessment Resolution which shall (A)
confirm, modify, or repeal the Initial Assessment
Resolution with such amendments, if any, as may be
deemed appropriate by the City Commission; (B)
establish the rate of assessment to be imposed in the
upcoming Fiscal Year; (C) approve the initial
Assessment Roll, with such amendments as it deems just
and right; and (D) determine the method of collection.
The Final Assessment Resolution, or any subsequent
Annual Rate Resolution, may modify, ratify or confirm
the initial Assessment Resolution, or any subsequent
Preliminary Rate Resolution. The adoption of the Final
Assessment Resolution by the City Commission shall
constitute a legislative determination that all parcels
assesped derive a special benefit from the fire rescue
services, facilities, or programs to be provided or All
constructed and a legislative determination that the
Fire Rescue Assessments are fairly and reasonably
apportioned among the properties that receive the
special benefit. All objections-. tn the- Final
Assessment Resolution shall be mads in writing, and
filed with the City Manager at or before the time or
adjourned time of such hearing. The Final Assessment
Resolution shall constitute the Annual. Rare Resolution.
for the initial Fiscal Year in which Fire Rescue
Assessments are imposed or reimposed hereunder.
Sec. 19.5-13. 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
Assessment Resolution shall 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
02-1025
alternative method described in section 19.5-21 hereof
is used to collect the Fire Rescue Assessments, such
other official as the City Commission by resolution
shall designate.
Sec. 19.5-14. 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 Coma osion (1)
contaiifing a brief and general description of the fire
rescue services, facilities, or programs to be
provided; (2) estimating the Fire rescue Assessed Cost
to be assessed for the upcoming Fiscal Year; (3)
establishing the assessmeut rate for the upcoming
Fiscl Year; (4) authorizing the date, time, and place
of a public hearing to receive and consider comments
from the public and consider the adoption of the Annual -
Rate Resolution for the upcoming Fiscal Year; and (5)
directing the City Manager 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 (R)- of this section so require,
and (c) directing and authorizing any supplemental or
additional notice deemed proper, necesaary 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 right. The
Assessment Roll shall be prepared in accordance with
the method of apportionment set forth in the Initial
Assessment Resolution together with modifications,. if
any, and as confirmed in the Final Assessment
Resolution or as provided in the Preliminary 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 bothsections19.5-10 or 19.5-11 hereof.
(s) Nothing herein shall preclude the City
Commission from establishing by resolution a maxi==
rate of assessment provided that notice of such maximum
- 12 -
02-1025
assessment rate is provided pursuant to sections
19.5-10 and 19.5-11 hereof.
(F) In the event (1) the proposed Fire Rescue
Assessment for any Fiscal Year exceeds the maximum rate
of assessment adopted by the City Commission and
included in notice previously proviged to the Owners of
Assessed Property pursuant to sections 19.5-10 and
19.5 11 hereof, (2) the method of apportionment is
changed or the purpose for which the Fire Rescue
Assessment is imposed is substantially changed from
that represented by notice previously provided to the
Owners of Assessed Property pursuant to sections 19.5-
10 and 19.5-11 hereof, (3) Assessed Property is
reclassified in a manner which results in an increased
Fire Rjscue Assessment from that represented by notice
previously provided to the Owners of Assessed Property
pursuant to sections 19.5-10 and 19.5-11 hereof, or (4)
an Assessment Roll contains Assessed Property that was
not included on the Assessment Roll approved for the
prior Fiscal Year, notice shall be provided to affected
Own%p in substantial conformance with the notice
requirements set forth in sections 19.5-10 and 19.5-11
hereof and inform the Owner of the date, time, and -
place for the adoption of the Annual Rate Resolution.
The failure of the Ownet 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.
(G) As to any Assessed Property not included on
an Assessment Roll approved by the adoption of the
Final Assessment Resolution or a prior year's Annual
Rate Resolution, the adoption of the succeeding Annual
Rate Resolution shall be the final 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 within 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 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.
- 13 -
0-025
(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 19.5-21 hereof is used to collect the Fire
Rescue Assessments, such other official as the City
Connmission by resolution shall designate. If the Fire
Res&e Assessment against any property shall be
sustained, reduced, or abated by the court, an
adjustment shall be made on the Assessment Roll.
Sec. 19.5-15. Lien of Fire Rescue Assessments.
LVon 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, ot- municipal
taxes and special assessments. Except as otherwise
provided by law, such lien shall be superior in dignity
to *11 other prior liens, mortgages, titles, and
claims, until paid. The lien for a Fire Rescue
Assessment shall be deemed perfected upon adoptiou by
the City Commission of the Final Assessment Resolution
or the Annual Rate Resolution, whichever is applicable.
The lien for a Fire Rescue Assessment collecter; 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 t;xes
imposed under the Tax Roll. The lien for a Fire Reas:ue
Assessment collected under the alternative method of
collection provided in section 19.5-21 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.
Sec. 19.5-16. Revisions to Fire Rescue Assessments.
,.
If 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 if 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 C mission 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 and041 Q 2 5
t.
- 14 -
case such second Fire Rescue Assessment is anni}lled,
vacated, or set aside, the City Commission may obtain
and impose other Fire Rescue Assessments until a valid
Fire Rescue Assessment is imposed. -
Sec. 19.5-17. 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 Assessment 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 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 the
provisions of this section, any party objecting to a
Fire Rescue Assessment imposed pursuant to this
Ordinance must file an objection with a court of
competent jurisdiction within the time periods
prescribed herein.
Sec. 19.5-18. Correction of errors and omissions.
(A) No act of error or omission on the part of
the Property Appraiser, Tax Collector, City Manager,
City Commission, or their deputies, employees, agents
or designees 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,
facilities, or programs, but that such property was
omitted from the Assessment Roll or was not listed on
the Tax Roll as an individual 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 substantially the manner and form provided in
section 19.5-11, impose the applicable Fire Rescue
Assessment for the Fiscal Year in which such error is
discovered, in addition to the applicable Fire Rescue
15 -
+02-1025
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'%he real property
involved, shall be collected as provided in Article Ill
herd*bf , 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 Manager shall have
the aethority 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 reclassify property based upon
presentation of competent and substantial evidence, and
correct any error in applying the Fire Rescue
Asseftsment apportionment method to any particular
parcel of property not otherwise requiring the
provision of notice pursuant to the Uniform Assessment
Collection Act. Anys. such correction shall be
considered valid ab initio and shall in" -no way affect
the enforcement of the Fire Rescue Assessment iwi,*sed
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 Manager and not the Prop;r.-y
Appraiser or Tax Collector. Any property owner
unsatisfied with the decision of the City Manager may
seek review by a hearing officer in the manner provided
in Section 19.5-23 hereof.
(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 Manager.
Sec. 19.5-19. interim assessments.
(A) 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 c(?Muted in accordance with the Annual Rate
AW
02-1025
- 16 -
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. In 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. Issuance 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
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 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 liens, encumbrances,
title,,@ and claims in and to or against the real
property involved and shall be deemed perfected upon
the issuance of the Certificate of Occupancy.
(B) Any prope;ty owner unsatisfied with the
imposition of an interim Fire Rescue Assessment may
seek review by a hearing officer in the manner provided
in Section 19.5-23 hereof.
ARTICLE III.
COLLECTION AND USE OF FIRE RESCUE ASSBSSMBNTS
Sec. 19.5-20. Method of collection.
(A) Unless otherwise 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 benefited property may include an amount
equivalent to the payment delinquency, delinquency fees
and recording costs for a prior year's assessment for a
17 -
02-1025
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 Assessment upon
certification of a non -ad valorem roll to the Tax
Collector by the City.
Sec. 19.5-21. Alternative method of collection.
In lieu 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, at
any time prior to or during the Fiscal Year, for which
such Fire Rescue Assessments are imposed. 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 impwood
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,
district or municipal taxes and other non -ad valorem
assessments.
(H) 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.
t
(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 on real property or appoint or retain an
agent to institute such foreclosure and collection
proceedings. A Fire Rescue Assessment shall become
18 -
0 -1025
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 (1) initiate a .foreclosure action or suit
in equity and cause the foreclosure of such property
subct 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 v!nder the Uniform Assessment Collection Act, to
be collected on the tax bill for a subsequent year.
(5) All costs, fees and expenses, including
reasonable attorney fees and title 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
actJ&n, 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 e3ope nsen
incurred by the City and its agents, including
reasonable attorney fees, in collection of such
delinquent Fire Rescue Asmessments and any other.. ;�t.►s
incurred by the City as a result of such delinquent
Fire Rescue Assessments and the same shell be
collectible as a part of or in addition to, the costs
of the action.
(B) In lieu of foreclosure, any delinquent 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 resulting 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 Manager
shall have the same power and authority to correct
errors and omissions as provided to him or county
officials in section 19.5-18 hereof.
A
- 19 -
-
0 —10 t s
(G) Any City Commission action required in the
collection of Fire Rescue Assessments may be by
resolution.
Sec. 19.5-22. Government Property.
. (A) If Fire Rescue Assessments are imposed
agaAst Government Property, 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
AsseaPment, (2) a description of the unit. of
measuremfnt 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 parcell's
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 due.
&qB) 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 same discounts for early
payment.
(C) A Fire Rescue Assessment shall become
delinquent if it is 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 mandamus or
other appropriate judicial -action to compel payment.
(D) All costs, fees and expenses, including
reasonable attorney fees and title search expenses,
related to any mandamus or other action as described
herein shall be included in any judgment or decree
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 City as a result of such
delinquent Fire Rescue Assessments and the same shall
be collectible as a part of or in addition to, the
costs of the action.
(B) As an alternative to the foregoing, a Fire
Rescue Assessment imposed against Government Property
may be collected as a surcharge on a utility bill
20 -
02--1025
provided 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.
Sec.*19.5-23. Appeals.
(A) A hearing officer shall be appointed by the
City Manager, to hear appeals from affected property
owners concerning (1) the classification, size, or use
of the owner's parcel or any other factual matter
related to the applicatiosi of the method of
apportionment employed in imposing the Fire Rescue
Assessment; (2) the imposition of an interim
assessment; or (3) the correction of an error or
omission.
(B) The aggrieved property owner shall file a
written notice of appeal with the City Manager's office
withhw twenty (20) days following the effective date Qf
the assessment or action by the City Manager under
Sections 19.5-18 or 19.5-19 hereof. The filing of an
appeal at any point in time shall not stay the
collection of the Fire Rescue Assessment.
(C) An appeal to the hearing officer shall be
made within twenty (20) days after the effective date
of the Fire Rescue Assessment or action by the City
Manager under Sections 19.5-18 or 19.5-19 hrYeof by
filing a notice of appeal or letter of appeal with the
City Manager stating therein the basis for such appeal.
(D) No hearing shall be heard by the hearing
officer unless the respective appeals have been filed
within the time and at the place provided in this
chapter.
(8) All decisions of the hearing officer made
under this section shall be deemed final.
(F) All such requests for review by the City
under this chapter shall be subject to the disclosure
requirements set forth in section 2-618, of the Code of
the City of Miami, Florida, as amended.
(G) The City Manager shall give the appealing
party at least ten (10) days' notice of the time and
place of such hearing. The notice shall be in a form
acceptable to the city attorney. No public or
published notice is required.
21
02-10'25
(H) The aggrieved property owner shall, at his
own cost, provide supplemental information in advance
to the City Manager including, but not limited to,
relevant data, consulting or expert reports or
opinions, or other information to be used or relied
upon at the hearing. Failure to timely provide such
information shall preclude the use and consideration of
same at the hearing and may result in the denial of the
appeal.
(I) At the time and place set for the hearing the
hearing officer shall give the appealing party a
reasonable opportunity to be heard. Parties may
present evidence to support their position; however, no
economic or technical reports, studies, appraisals or
other information, expertise or opinions shall be
considered by the hearing officer unless the same shall
have been disclosed to the City and filed with the City
Manager at least ten (10) days prior to that hearing.
All exhibits presented to the hearing officer shall
become part of the record and shall remain so until the
determination of the hearing officer or the expiration
of asst'.administrative or judicial appeal period."
AW.
Section 2. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 3. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Section 4. It is the intention of the City Commission
that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Miami, Florida, as amended, which
provisions may be renumbered or relettered and that the word
"ordinance" may be changed to "section, "article", or other
appropriate word to accomplish such intention.
Section 5. The provisions of this Ordinance shall become
effective immediately after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 30th day of
necembMv 1997.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 13th day of January , 1999.
fM-VIER L. S MAYOR
CITY CLERK
PREPARED AND APPROVED BY:
GB R,GB WYS II
ASSISTANT CITY ATTORNEY
APPROVED ASwFORM AND CORRECTNESS:
.
W412:GRW•.bea.
- 23 -
02-1025
- s
i
i
CITY CLERK
PREPARED AND APPROVED BY:
GB R,GB WYS II
ASSISTANT CITY ATTORNEY
APPROVED ASwFORM AND CORRECTNESS:
.
W412:GRW•.bea.
- 23 -
02-1025
- s