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HomeMy WebLinkAboutR-01-0944J-01-679 9/13/01. RESOLUTION NO. A RESOLUTION OF THE' MIAMI CI'T'Y 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 THE FISCAL YEAR BEGINNING OCTOBER 1, 2001; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY 'YHE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. This Resolution is adopted pursuant co Chapter. 1.9.5 of the Code of the City of Miami, Florida, as amended (the "Code") , the Preliminary Assessment Resolution, Sections 166.02- 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 deli.ned in Chapter. 19.5 of the Code, and the Initial Assessment Resolution (Resolution No. 98-325), and the Preliminary Rate Resolution. CITY Corr ussion MEETING OF SEP 1 3 2001 Re�oln� 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 :i.s 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 heInitial 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 properties that receive the special benefit as set forth in the Preliminary Rate Resolution. (g) The method for computing Fire Assessments described or referenced in the Preliminary Rate Resolution is approved. Page 2 of 5 51- 944 (C) For the Fiscal Year beginning October 1, 2001, the estimated Fire Assessed Cost; to be assessed is $21,446,050. 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, 2001, are established as follows: RESIDENTIAL PROPERTY USE CATEGORIES Rate Per Dwelling Unit Sing e Family $ Mu c.1.-Fami.Iy 5. Public IIousing $212.0, NON-RESIDENTIAL PROPERTY USE CATEGORIES Bu ld.ng Classification (in square foot ranges) Commercial Industrial/ Warehouse Institutional < 1,999 $ 129 46 2,000 - 3,499 . 1 a 3,50-b ;,999 $ 435 ; -, I Ste'% 5"560 - 9,999 $ v._ r_ $ b 10,000 - 19,999 S1,242. 4 61 $I . 20,000 - 29,999 17T $2,702 30,600 - 39,999 $3,725 % , 8. $4,052 40,000 -x;999 $4, $1, $T T 50,000 - 77, 9 9,6, _L7, ---77F : �6,754 60, 0 - 6 ,999 ,4. , ,7 6 4 ,_ 3 70, 000 - 79, 99.9 , , 91 3, 2 25 fl ,000 - 89,999 $91 9 $3, $10,80 90,000 - 95,999 _..,1 4 ,14 9,.. 1.., . 100,000 - 124,999 1 $4, 607 . 3, 125,000 - 1<6.9, 999 4_5, 3 . i a3, ,�_ •. 1 (,, ].50, 000 74, 999 ; .. , • _ 175,000 - 199,999 21,i28 , q13, j > 200,000 y, . -p5-, = ' _ 7 , The above rates of assessment are approved. Fire Assessments for fire services, facilities, and programs in the amounts set forth in the updated Assessment Roll., as herein approved, are levied and imposed on all parcels of. Assessed Page 3 of 5 01- 944 Property described in such Assessment Roll for Fiscal Year beginning October 1, 2001. (D) As authorized in Section 1.9.5-1.9 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 Rate Resolution is hereby confirmed. Section S. 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 Page 4 of 5 01- 944 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.*!j PASSED AND ADOPTED this 13th day of September, 2001, JOE CAROLLO, MAYOR In @cnoi-c!ar.(>) wi1t1,-1M;1,,.j;,-t-,•; C�,11s �rtr, 2-733). lli� Mnt or (fil nnt ind�rnitn. ovpro. val of IN:; !oc 1jr 'Al C".,Uf c,ndi,�,;s�acluon Wifl)OLJ'i the M,'.1�16. ATTEST: WALTER J. FOEMART, CITY CLERK APPROVEUOegTO FORM AND _QQRRECTNESS;e, NDFt..We'rARELL0 ATTORNE,Y 5535:GKW;BSS If the Mayor does noL sign Lhis Resolution, j.L shall become effective at: the end of ten calendar days from the data it was passed and adopted. :1, f the Mayor vetoes this IZ(-:! ,-. o I u r- ioj i, it shall become effective immediately upon override of the veto by the City Commission. Page 5 of 5 0 1- 19 4 4 • 0 www.heraid.com www.elheraid.com PUBLISHED DAILY MT.AMI, FLORIDA The Mlami Herald, August 24th, page 6, job # 526629901, ad # 10330 Affiant further says that the said Miami Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. Sworn to and subscribed before me This 5 day of 2001 r A V'fH t H, DMIEU BARRIOS MY COMMISSION A CC 978372 'a a EXPIRES: OctoWr29,2001 Wndk, TnN Na'ary Pubhu drdaiwnAn STATE OF FLORIDA ►i ��.��� COUNTY OF DADE ►7 � Before the undersigned authority personally appeared; NY ;�- •r.. �,_, '''r Jane Florea~ who on oath says that she is Account Representative of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida; that the advertisement for City of Miami appeared in said newspaper in the issues of: The Mlami Herald, August 24th, page 6, job # 526629901, ad # 10330 Affiant further says that the said Miami Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. Sworn to and subscribed before me This 5 day of 2001 r A V'fH t H, DMIEU BARRIOS MY COMMISSION A CC 978372 'a a EXPIRES: OctoWr29,2001 Wndk, TnN Na'ary Pubhu drdaiwnAn 0 CITY OF 1VAAMI NOTICE OF PUBLIC HEARING NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF FIRE SPECIAL ASSESSMENTS Notice is given that die City Commission of the City of Miami will conduct a pub- lic hearing to consider imposing special assess- ments for the provision of fire services within time City, of Miami for the Fiscal Year beginning October 1, 2W1. The hearing will be held at 5:05 p.m. on September 13, 2001, in the City Commission Chambers of City Ilall, 3500 Pan American Drive, Miumi, Florida, for the purpine 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 deci- sion made by time 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 he 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 'Itearing. The Assessment for each parcel of property will be based upon each parcel's claslification and the rmttnu. I total number of billing units attrib- MMUK RAR RR uteri to that parcel, The following ILGOPM aWtttlnaar I table reflects the proposed fire —,- assessment schedule. CtABOVA7M I stolrsrsrau MMM. waaOha= I asmttnlrhw. Pursuant to Section 8 of the Preliminary Rate Resoludon (Resolution No. 99-773), the City Commission has ascertained, determined, and declared that Institutional Properties provide facili- ties and uses to the ownership, occupants, membership, AC 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 rea. sortable not to impose Fire Assessments upnn such Institutional Property whose use is also wholly exempt from ad valorem taxation under Florida Law, which typdeally duturibes improved parcels which are neither residential, commercial or industrial in use, and are predominately used fin edu- cational. governmental. eleemosynary, commurin> service, religious. cultural. literap, health care, henevo lent and scientific purposes Pursuant to Section 8 of the Preliminary Rate Resolution the City Commission has Ascertained. determined, and declared that Public housaie Property relieves a shortage of safe or sanitary dwelling accommodations available at rents which persons of loN income can afford and avoids conditions which oth- erwise might necessitate the further expenditure of pubttr 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 stall 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 juris. diction determines any exemption or reduction by the City Commission is improper or othenyise adversely affects file validity of the Fire Assessments Imposed for ids Fiscal Year. the sole and exclusive remedy shell 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 reduc- tion or. exemption afforded to such lax parcel by the City Commission. Copies of the Fire Rescue Assessment Ordinance (Ordinance No. 11594), the Initial Assessment Resolution (Resolution No. 99- 325), the Final Aasessment Resolution (Resolution No. 98419), the Preliminary Rate Resolution (Resolution No. 99.773), and the amendment thereto, initiating the annual process of updating the Assessment Roll and imposing the Fire Assessments, and the pre- liminary 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 collecteA on the ad valorem tau bill to be mailed in November 2001, as authorised by Section 197.3632, Florida Statutes, Failure to pay the assessments will cause a tax cer- tificate 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. of WALTER J. FOEMAN 49 Cf1'Y CLERK ~ CITY OF MIAMI, FLORIDA • ani iiia IN (M1033o) APPENDIX B FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL W5535 ` •. • 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 bion -Ad Valorem Assessment Roll. will be delivered to the Miami -Dade County Tax Collector on September 15, 2000. TN WTTNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the Miam9.-Dade County Tax Collector and made part of the above described Non -Ad Valorem Assessment Roll this day of , 2001. CITY OF MIAMI, FLORIDA By: Carlos A. Gimenez City Manager B-2 01- 944 • CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: a os @ ez City Manager RECOMMENDATION onTE :1, o 4 .. FILE: FM-118.doc •W .. . SUBJECT: Proposed Resolution: Fire -Rescue Final Assessment Fiscal Year 2001-2002 REFERENCES: ENCLOSURES: Resolution It is respectfully recommended that the attached Final Assessment Resolution, with attachments, 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, 2001. 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. 01-818, adopted July 26, 2001, which rescinded, in its entirety, Resolution No. 01-589, adopted June 14, 2001, and was in accordance with the City of Miami Five -Year plan which was previously approved by the Miami City Commission and the Financial Oversight Board. Upon the re -imposition of Fire Assessments for fire services, facilities, or programs against Assessed Property located with 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 cost required to provide fire rescue 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 2001-2002 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 Rescue Assessments on an annual basis, pursuant to Section 197.3632 Fla. Stat. CAG "/"/MLK1TF/jam FM. 118.doc ��- 944 0 • J-02-316 6/4/01 01- 589 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, RELATING TO THE PROVISION OF FIRE SERVICES, FACILITIES AND PROGIR MS aN THE CITY OF MIAMI, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR FIRE ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001, 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 13, 2001, AND 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 A 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. 91- 944 atTY COMMission MEETING OF kwo"Uwa tic. SECTION 2. PURPOSE. This Resolution constitutes the Preliminary Rate Resolution as defined in the Ordinance which initiates the annual process for updating the Assessment Roll and directs the imposition of Fire Assessments for the Fiscal Year beginning October 1, 2001. 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. Page 2 of 11 01- 944 Fire Assessed Cost means the amount determined by the City Commission to be assessed in this fiscal year 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, Iuse, 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 A such Assessed Property. A portion of the cost to provide such fire services, facilizies, 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. (B) it is ascertained, determined, and declared that each Page 3 of 11 44 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 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 reference. Page 4 of 11 01- 9A4 V 0 0 SECTION B. 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, 2001, 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, 2001. No portion of such Fire Assessed Costs are attributable to capital improvements necessitated by new growth or development. (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. Page 5 of 11 �� _ 9441121 9 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 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 Page 6 of 1� O 1 r 944 9 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 City 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. (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., 2001, 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, 2001, in the manner provided in the Ordinance. The updated Assessment Roll shall include all Tax Page 7 of 11 9 Parcels within the Pzoperty Jise Categories. The Citv Manage~ 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, 2001, be in printed form if the amount of the Fire Assessment for each parcel of property 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. Page 8 of 11 01- 944 SECTION 10. AUTHORIZATION OF PUBLIC HEARING. There is established a public hearing to be held at 5:05 p.m. on September 13,,2001, 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 or. the :i --e Assessments from the public and affected property owners and consider imposing Fire Assessments for the Fiscal Year beginning October 1, 2001, and collecting such assessments on the same bill as ad valorem taxes. 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 19.5-23 of the Ordinance. The- notice shall be published no later than August 24, 2001, 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 Page 9 of 11 9 �►1. 944 to impose Fire Assessments for the Fiscal Year beginning October 1, 2001. (B) By August 10, 2001, the City Manager shall make the determination whether the Property Appraiser is able and willing to timely combine the mailed notice provided Zor Subsection (A) of this Section , with the truth-in-miliage 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 29, 2001. SECTION 13. APPLICATION OF ASSESSMENT PROCEEDS. Proceeds derived by the City from the Fire Assessments will be utilized for the provision of fare 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. Page 10 of `.1 01- 944 • 0 SECTION 14. EFFECTIVE DATE. The provisions conta_ned in this Preliminary Rate Resolution shall take effect immediately. upon its passage and adoption. SECTION 15. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. PASSED AND ADOPTED this 14th day of June 2001. JOE CAROLLO, MAYOR in accordance with Miami =z Sec. 2-36, since the. Mayor rid not indict tc !!7--- "' Of ,his ie!7islatic)n h" sign!nc7 it in the t' es!onated MECP, j�irCWidec.!, sa: .ns effective viih. the eiapZZ . tan �1 pl C! 'YE fr / ti3F: dui ° e! %.00 recarcinc ...-.e, without the axamising ve ATTEST: 17t71 m n.tty WALTER J. FOEMAN CITY CLERK Age - APPROVED &SeTO FORM AI�XCORRECTNESS r ALEJ VIEL C I TY4(' &O 24:GKW:BSS -'� 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 !I of 11 Of— 9 4 d ©0008 9 APPENDIX A ESTIMATED FIRE ASSESSMENT RATE SCHEDULE 01- 944 �g9 ' APPENDIX A ESTIMATED FIRE ASSESSMENT 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, 2001, is $18,674,635. 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, 2001, are established as follows for the purpose of this Preliminary Rate Resolution: FREDETIAL Y USE RIES ami Rate Per Dwelling Unit $ 61.00mi .0ousing 1 Building Classification (in square foot ranges) Cov=ercial Industrial/ Warehouse Institutional y$ NON- RESIDENTIAL PROPERTY USE CATEGORIES < 1,999 $ 124 $ 46 $ 135 2,000 - 3,499 3,500 - 4,999 $ $ 1 1 473 5,000 - 9,999 $ 10,000 - 19,999 .5 , $1,351 20,000 - 29,999 $ 2, 4 8 2 $, 0,000 - 39,999 $3,725 $1, $4,052 40,000 - 49,999 $4,969 $1,84:3, 50,000 - 59,999 $6,208 $2,304, 0,000 - 69,999 $7,4n $2-0 , 70,000 - 79,999 , 6 9$9,456 ,000 - 89,999 ,933- $3,686 sio,809 90,000 99,999 $11,174 $4,1461 100,000 - 124,999 $12,419 $4, $13,508 125,000 - 149,999 15, $5, $16,885 150,000 - 174,999 $18,62-4- $6,511 0,2 175,000 - 199,999 $21,728,, , > 200,000 , ,$27,014 A-1 Irl-- 944 APPENDIX H FORM OF NOTICE TO BE PUBLISHED �! - 944 9 APPENDIX B FORM OF NOTICE TO BE PUBLISHED To Be Published by August 24, 2001. [INSERT MAP OF CITY] NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF FIRE SPECIAL ASSESSMENTS Notice is hereby 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, 2001. The hearing will be held at 5:05 p.m. on September 13, 2001, 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 A 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 B-1 ��_ 944 • (305) 250-5360 at least seven days prior to the date cf the Nearing. The assessment for each parcel of property will be based upon each parcel's classification and the total number of :.g units attributed to that parcel. The following table reflects the proposed fire assessment schedule. Y USE RIES Rate. Per Dwelling Unit FENTIAL ami y $ 1.0mi.-y $ .ousing S 1 .0Building - RESIDENTIAL PROPERTY USE CATEGORIES Classification (in square foot) ranges) Commercial Industrial/ Warehouse Institutions 1 < 1,999 $ 1241 $ 46 $ 13 2,000 - 3,499 $ 248 $ 921 $ 270 3,500 - 4,999 $ 435 1 $ 4 73 5,000 - 9,599 $ $ 0 $ 675 10, 000 - 19,999 $1, 4 $ 9 61-$11-3-5 1120, 000 - 29,999 $2,483 $ 9 2 1 2, 7 02 30,000 - 39,999 , 1, 8 2 $4,052 40,000 - 49,999 $4,96$1,843 $5,4 50,000 - 59,999 6, 9 $ , 54 60,000 - 69,999 $2,7 4 11 70,000 - 79,999 $8,691' 3,, $9,45 80,000 - 89,999 $919n $3,686 $10,8() 90,000 - 99,999 11, $4, $12,1 100,000 - 1 416, $4,607$1.3,508 125,000 - , 5, ----716,88 150,000- $18,627 $6, 11 $20J26 1 5, 00 - $21,72 3 2> 200,000 S 4, , 19 Pursuant to Section 8 of the Preliminary Rate Resolution (Resolution No. 98-773), the City Commission has ascertained, determined, and declared that Institutional Properties provide B~2 u1- 944 '�' 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 F-'---- Assessments _reAssessments 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 a 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 finds. 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 B-3 u a. - 944 IFINE.« • of funds derived from the Fire Assessments. The Citi• Commission has also made the legislative determination that in the event a court of competent jurisdiction determines any exemption or reduction by the City Commission is improper or =—;erwise adversely affects the validity of ;.he 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. Conies 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. 96-773), 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 vear are available for inspection at thq 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 2001, 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. s-4 Of- 944 if you have any questions, please contact the. Departmenz- of Finance at (305) 416-1570, Monday through Friday between 6.30 a.m. and 4:30 p.m. CITY CLERK CITY OF MIAMI, FLORIDA -- - � 8-5 ul- 944 I 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 �` _ 44,, 9 APPENDIX C FORM OF NOTICE TO HE MAILED * * * * * NOTICE TO PROPERTY OWNER * * * * City of Miami 3500 Pan American Drive Miami, Florida 33133 Owner Name Address City, State Zip CITY OF MIAMI, FLORIDA NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION 07 NON -AD VALOREM FIRE ASSESSMENT: NOTICE DATE: AUGUST 24, 2001 Tax Parcel #: Legal Description: Sequence #.- As : 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, 2001 - September 30, 2002. 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 Tire 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 944 • • The annual fire assessment for the above parcel A public hearing will be held at 5:05 p.m. on September 13, 2001, in the City Commission Chambers of City Hall, 3500 Par American Drive, Miami, Florida for the purpose o' rece_v-:.c public comment on the proposed assessments. •his notice addresses a special assessment to partially fund the cost to make fire services available during the period from October 1, 2001 through September 30, 2002, 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 netding 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 anu the imposition of C-2 Oi- 944 assessments), such action shall be the final ad7udicat_c:: of the issues presented, Copies of the Fire Rescue Assessment Ordinance (Ordinance No. 11584), the Initial Assessment Resolution. (Resolution lqo. 98-325), the Final Assessment Resolution (Resoluz.1on 98-419), the Preliminary Rate Resolution initiati:,c 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. a 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 O1- 944 q • 0 J-97-923/2 12/30/97 ORDINANCE NO. 115 8 4 AN ORDINANCE CREATING NBW CHAPTER 19.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AME WFln, ENTITLED "FXRT RBSCUP ASSESSMENT", RELATING TO THE PROVISION OF FIRS RESCEM tSSRVICXS, FACILITIES, AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; AUZ7iORIZING THE IMPCiSITION AND COLLECTION OF FIRS RBSCUR ASSESSMENTS AW-rNST PROPERTY TBROUGSOUT TER CITY OF MIAMI; PROVInING CBRTAIN DEFINITIONS AND DSPINIM THS TERM "FIRR Rsscm ASSESSMWr' ; ESTABLISHING THS PRnCBaURB3 FOR IZiPOSZNG PIRB RESCUE . ASSBSSMBEiTS; PROVIDIM THAT FIRE RBSCOB ASSB881 merS STITOT Z A LIEN ON ASSESSED PROPZltTY UPON ADOPTION OF ASSESSMENT ROLL; PROVIDING TEAT THE LIEN FOR A FIRS RESCUE ASSESSMENT CC#Z.;)-*":-i'BD PURSMW TO ,SECTIONS 197.3632 AND 197.3635, FLORIDA %pTATUTBS' UPON Ppa mmloff SBALL .A.TRCB TO TSB PROPERTY ON TJM PR . T:.•- J.h=J- PY 1, TIM LIM DATE FOR AD . VALORIX 2A=, M TWLT A PERFECTED LIEN SHILL BE EQ=L IN RANK Al® DIGNITY WITH T212 LIENS OF ALL STM, C001TY, DISTRICT, OR KU*ICIPAL TAXES AM ASSBSSHURTS AND SUPERIOR IN DIGNITY TO ALL MZHR PRIOR LIME; "ORTt,t(;,TITLES, AND C+AIMS; AVTzX%r..'v ZZ s T -UR Mo -*<)S STYON Ota nrrBRn4 ASS:;-.•i:'9AftS; rsWIDZw-- PROCEDURES FOR COLLBCTION O.V KEE RNSCOL ASSESSMBN'!:°; PROVIDING A MBURMSM FOR THE IMPOSITION OF ASSRSSI+ODPTS CH G0VBRNHZ4T PROPERTY; MORB PARTICULARLY BY AWE= NSM SECTIONS 19.5-1 TBROOM 19.5-23 TO SAID CODE; CONTAINING A RZpEALBR PROVISION AM A SBVBRABILITY CLAUSE; PROVIDING AN $FFBCTIVB DATN; AND , PROVIDING FOR INCLUSIOK IN TER CITY CODE. BE IT ORDAINED BY THE CONKISSION OF TSB CITY OF MIAMI, 01-- 9.44 Section 1. New Chapter 19.5, entitled "Fire Rescue Assessment", is hereby added to the Code of the City of Miami, Florida, an amended, as follows: "CHAPTER 19.5 Fire Rescue Assessment ARTICLE 1. IN G IRAL Sec. 19:S -i. Definitions. As used in this Chapter, the following words and terms shall have the following meanings, unless the context clearly otherwise requires: "Annual Rats Resolutlong means the resolution described in section 19.5-14 hereof, estaUishing the rate at which a Fire Rescue Assessment for a specific Fisch Year will- be- computed. The Fina' Assessment Resolution shall constitute the Annual Rate Resolution for the initial Fiscal Year in which a Fire Rescue Assessment is iWased or reimposed. "Assessed ,Pew rtys 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 Zaitial Assessment Resolution or the Preliminary Rate Resolution. "A!llaamtat Ro11 • 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 teMorary or psrsraaeat, built for support, shelter or enclosure of persons, chattel, or property of any kind. This term shall include mobile hooves or any vehicles serving in any way the function of a building. 'COMIZICAtO of Occupancy" means the written certifieatica isiued by the City that a Building is ready for occupancy for its intended use. For the purposes of this Ordinance, a not up permit or its equivalent issued for a mobile home shall be considered a Certificate of Occupancy. maty" means the City of Miami, Florida. - 2 - 01- 944 „City Commission means the governing body of the i 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 des4ibed 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 RescueAssessment" 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 coat of the provision of fire rescue services, facilities, or programo providing a special benefit to property ac a consequence of possessing a logical relationship to the value, use, or characteristics of property identified in t1ftInitial Assessment Resoiution'or the Preliminary Rate Resolution. nFire 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 coat 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; (8) 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; (9)*%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 coats; (K) the cost of engineering, financial, legal, and other professional services; '(L) 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 chargee of the Tax Collector, or Property Appraiser and - 3 - 0.1- 944 . at amounts necessary to off -set discounts received for early payment of Fire Rescue Assessments pursuant to the Unifozm 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 ngeessary 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 Piro Rescue -Assessed Cost. "Fiscal Yesr"means that period commencing October lot of each year and continuing through the next succeeding September 30th, or such other period as may be prescribed by lav as the fiscal year for the City. 'CovesImrsat Pspperty mesas property owned by the V"ted 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. "Iai 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 wade and for the imposition ' of a Fire Rescue Assessment. "Grcdinance• means this Fire Rescue Assessment Ordinance. a.• •Owner" ihall mean the person reflected as the owner of Assessed Property on the Tax Roll. 'Persaa" means any individual, partnership, firm, organization, corporation, association, or any other legal entity, whither singular or plural, masculine or feminine, as the context may require. "8reliminary Rate Resolutjon• 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 - ul-- 944 "Properry Appraiser" means the Property Appraiser r 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 'the purpose of the levy and collection of ad valorem taxes. °DrufOrM A88essment Collection AGC• means sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorising the collection of anon -ad valorem assessments on the same bili as ad valorem taxes, ' and any applicable regulations promulgated thereunder. Sec. 19.5-2. Interpretation. Mess the context indicates* otherwise, words importing the singular =nber include the plural number, and vice versa; the terms "hereof,• •hereby,• *herein,lo-"hereto,' "hereunder• and similar terms refer to this Ordinance; and the term ■hereafter• means after, and the term wheretofore" 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, seetion 2(b), Florida Constitutiasi, and sections 166.021 and 166.041, Florida Statutes, the City Commission bas 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. . (8) 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 an 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 - Ui- 944 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 Assesmnats under the general home rule powers of a K=icipality to impose special ass4paments; (2) authorize a procedure for the fending 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. %48) The Fire Rescue Assessment imposed pursuant to this Ordinance is iaPosed by the City Commissioa, not the Dade County Board of County - Comm4 gsioners, Property Appraiser or Tax Collector. Any activity of the Property Appraiper or Tax Collector under the provisions of this Ordinance shall be construed as =4 n4 sterial . Sec. 19.S-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) protectingthe 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 \ 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 pFoperty 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 existence or construction of a Building which enhanced value can be anticipated to be reflected in the r&ntal. charge or value of such business or commercial property. Sec. 19.5.5. Applicability. W'this Ordinance and the • City I a authority to iuWs&' assesammnts pursuant hereto shall be applicable throughout the City. Sec. 19.5-6. Alternative method. (A) This Ordinance shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any .posers 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 purposesnbereof. (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, (2) any notice. required by this Ordinance, or (3) any notice required by law, including the Uniform Assessment Collection Act. 01- 944 .• Sec. 19.5-7. E AARTICLE II. • ANNUAL FIRS RBSCUTS ASSESSMENTS 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. (H) 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 property designed to provide a fair and reasonable 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 Assessm%nts against Government Property. Sec. 19.5-9. 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 prdgrams to be provided] (e) -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 paresis of property (conforming to the description contained os: the Talc 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 serviee, facility, or program will be provided; (S) establishing an assesx=nt 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 e 01— �4 . ,o l section 19.5-11 hereof using information then available r from the Tax Roll. Seca 19.5-9. Initial assesownt roll. (A) The City Manager shall prepare, or direct the preparation of, the initial Assessment Roll, which sha.1.1 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 small be retained by the 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 can be determined by use crf a computer terminal available to the public. Sec. 19.5-i0. Notice. by publication. etheUpon heinitial . completion of publish, r 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 Driiform 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; (B) the method by which the Fire Rescue Assessment will be collected; and (F) a statement that the initial Assessment Roll is available for inspection - 9 - 9i 944 • at the office of the City Manager persons may ascertain the amount to a parcel of Assessed Property at the Manager. Sec. 7.9.5-1i. Notice by mail. Is and all interested be assessed against office of the City -'(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; (8) 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 such units contained in each parcel of property; (B)' the total revenue to be collected by the City from the Fire Rescue Assessment= (P) 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 (9) the date, time, and place of the hearing. Such mailed notice shall conform to the requirements not forth is the Uniform Assessment Collection Act. Notice small be mailed at least 2.0 calendar days prior to the hearing to each Owner at such address as is shove on the Tax Rolla 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 =Vloys an alternative method of collection and chooses not to collect the Fire Rescue Assessments on the same bill as ad valorem taxes. .. i ' .. ,1' - 10 - . so I 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 persona 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 (a) 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 Assesoment 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 asse ed derive a special benefit from the fire rescue sesvfces, facilities, or programs to be provided or 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 to the. Final Assessment Resolution shall be made 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 Rate Resolution for the initial Fiscal Year in which Fire Rescue Assessments are imposed or reimposed hereunder. Sec. 19.5-13. affect 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 -lion 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 Assesameat 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 944 i alternative method is used to collect Other official ae shall designate. described in section 19.5-21 hereof the Fire Rescue Assessments, such the City Commission by resolution Sec. 19.5.14. Adoption of Annual Rate Resolution. (A) Tba City C=nJ usion shall adopt an Annual e Rate during its budget adoption process for each Fiscal Year following the initial Fiscal Year for which a lire Rescue Assessment is isposed hereunder. (8) The initial proceedings for the adoption of an Annual Rate Sssolution shall be the adoption of a Preliminary Rate Resolution by the City Commission (1) contaidiag a brief and general description of the fire rescue services, facilities, or programa to be pa waded; (7) estimating the Fire rescue Assessed Cost to be assessed for the upcoming Fiscal Year; (3) establishing the assessumut rate for the ftsciLl Year; (4) authorising the date, tine, aad� phici at public hearing ' to receive 'and' consider aoXOMInts Pros the public and consider the adopti.an of the haaual Rate Resolution for the 1000040a pineal Year; aad (5) direct V the City Manager to (a update the Assessment Roll, provide notice by publieatiam and first class mill to affected is the evens circvostances described in subsection (F) of this section so—Ire , and (c) directing and authorising any supplemeat`Itl or additional notice deemed proper, necessary or convenient by the City. (C) The Annual hate Resolution shall (1) establish the rate of assessmsat to be imposed is the upcoming Fiscal Yeand (_) approve the Asasesssisnt Rolar l for the vpcaoiap Fiscal Yeas with such adjustwonts as the City Cbsissiou demos just and ri ht . The Aasessu=t Roll shall be prepared in accorce with the method of apportionmsat set forth IA the initial Assessment 1lesolution together with aodifteations, if any# sod as confis L I iA the Final Assessment Resolution or as provided in th! Preliminary Rate Resolution. (D) ltothl" herein shall preclude the City Commission trout providing annual notification to all orners of Assessed property in the tanner provided in either or both sections 19.5.30 or 19.5-11 hereof. (6) Nothing herein shall preclude the City Caasaiseion from establishing by resolution a maximum rate of assessment provided that notice of such maximum - 12 ul- b44 . d. !mow, I< assessment rate is provided pursuant to sections 19.5-10 and 19.5-11 hereof. (F) 2n 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 provided to the Owners of Assessed Property pursuant to sections 19.5-10 and 19.5jr1i 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.S- 10 and 19.5-11 hereof, (3) Assessed Property is reclassified in a manner which results in an increased Fire R99cue 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 owns in substantial conformance with the notice requirements set forth in section 19.3-10 and 19,5-11 hereof and inform the Owzier of the date, time, and place for the adoption of the Annual Rate Resolution. The 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. (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 .say 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 - 01- 944 0 • '(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 iE-the 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. It the Fire Rese4e Assessment against any property shall be sustained, reduced, or abated by the court, an adjustment shall be made on the Assessment Roll. f Sec. 19.5-15. Lien of Fire Rescue Assesownts. Upon 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, ox- municipal taxes and special assessments. Except as otherwise provided by lav, such lien shall be superior in dignity to ftl other prior liens, mortgages, titles, and claims, until paid. The lien for a Fire Rescue. Assessment shall be deemed perfected upon adoption by the City Commission of the Final Assessment Resolution or the Annual Rate Resolution, whichever is applicable. The lien for a Fire Rescue Assessment collected 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 taxes imposed under the Tax Roll. The lien for a Fire Rescue Assessment collected under the alternative method of collection provided in section 19.5-21 shall be deemed perfected upon adoption by the City Coaission 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 not 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 Ca Jssion has omitted any property on the Assessment Roll which property should have been so included, the City Commission 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 and in - 14 - 01- 944 0 1 • case such second Fire Rescue Assessment is annulled. vacated. or set aside, the City ComaiSSion may obtain and impose other Fire Rescue Assessments until,a valid Fire Rescue Assessment is imposed. Sec. 19.5.17. Procedural irregularities. s Any informality or irregularity in the proceedings in connection with the levy of any Fire Rescue Assessaeat 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 adoptedo and that all other proceedings adequate to such Fire Rescue Assessment were duly had, taken, and perform�sd as required by this Orditianee; and no variance from, the directions hereunder shall be held material unless it be clearly shorn that the party objecting was matemially 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 or competent jurisdiction within the time -periods prescribed herein. Sec. 19. S -is . Correction of errors and emissions. (A) No act of error or omission an the part of the propertyAppraiser, Tax Collector, City Menagtr, 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. (s) 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 Assenownt Rolf or was not listed on the Tax Roll ate an individual parcel of-preperty as of the* effective date, of the Assessswat Roll approved, by the Annual Rate Resolution for any upcoming Fiscal Year, the City Commission my, 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 ;J A � � . w .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 mua1.cipa3 taxes and special assessments, and superior in rank and dignity to all other prior liens, mortgages, titles, and claims in and to or against the real property involved, shall be collected as provided in Article III herrbf, and shall be '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 Dhows Assessment Collection Act, the City M eager aha] 1 have the asthority at any time, upon him 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 Used upon presentation of competent and substantial evidence, and correct any error in applying the Fire Rescue Assefsmeat apportlecam"at method do any pasticnits parcel of property not otherwise tegviritir,� the provision of notles pursuant to the Mifors Assessment Collection Act. Any such correction shall be eoasidered valid ab amnio and shall in no way affect the eaforcement of the lire Rescue Assessmaat imposed wader the provisions of this Ordinance. All requests 'front affected property coverers for may such changes, modifications or corrections shall be referred to, and processed by, the City Manager and not the ftvperty Appraiser or Tax Collector. Any pzoperty owner unsatisfied with the decision of the City 06mager may seek review by a bearing officer in the maser pr widrd 3n Section 19.5-21 hereof. (D) Alter the Assessment Roil has been delivered to the Tax Collector in accordance wits'the Uniform Assessment Collection Act, any changes, modifiaativos, or corrections thereto shall be made in accordance with the procedures applicable to correcting erxors and insolvencies an the Tax Roll upon timely written request and direction of the City Manager. sec. 19.5 -19 . Interims assessments. (A) An interim Fire Rescue Assessment shall be �sanagainst &11 ptertdfor of A. t Occupancy issued afteoption the Annual Rate Resolution. The amount of the interim Fir! Rescue Assessment shall be calculated upon a monthly rate, which shall be one -twelfth of the manual rite for such property cgwuted is accordance with the Annual Rate ol . ,. i 0 • 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 Assgpsment 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 Cqrtificate 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 lie= of all state, county, district or municipal taxes and special assessments, and superior in rank and dignity to all other lien=, 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. (8) Any property 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 111. COLLECTION AND USE OF FIRE RESCUE ASSSSSMSNTS 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 rgcording costs for a prior year's assessment for a - 17 • 0 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 Osier of each affected parcel of. property, other than Govemmwnt property, at - any time prior to or during the Fiscal Year. for which such Fire Rescue Assessments are imposed. The bill or accOgq=ing wWlanactory material shall include (1) a brief eXplanation of the Fire Rescue -Assessment, 12) 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, (e) the total amount of the Fire Rescue Assessment imposed against the parcel for the appropriate period, (S) the location at which payment will be accepted, (`) 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 minicipal taxes and other nary -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. (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 L Ul" 944 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 sub�ct to a delinquent Fire Rescue Assessment in a c%at ed now or hereafter provided by law for foreclosure of mortgages on real property, or (2) cause an amount equivalent to the delinquent Piro Rescue Assessment, not previously subject to collection using the uniform method under the Uniform Assessment Collection Act, to be collected on the tax bill for a subsequent year. (b) 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 actl4n, the City may be the purchaser to the same extent as any Person. The • City or its agent may j din in one foreclosure action the collection of Fire Rescue Assesaments 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 expenses incurred by the City .and its agents, 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. (S) 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. (P) 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. ,:> - 19 - �J — 944 (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 agaifist 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 Asseepment , (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 parcelrs Fire Rescue Assessment for the appropriate period, (5) the location at which payment will be accepted, and (5) the date on which the Fire Rescue Assessment is due. "B) 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 Goverumrent 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 tees and title search expenses, related to nay 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 tiled 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 r 20 - ui 944 C 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 application 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. (H) The aggrieved property owner shall file a written notice of appeal with the City Manager Ia office withisti- twenty (20) days following the effective date of 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 stall not stay the' collection of the Fire Rescue Assessment. (C) An appeal to the hearing officer shall- be made within twenty (2 0) days after the effective date of the Fire Rescue Assessment or action by the City Manager under Sections' 3.9.5-18 or 19.5-19 hereof by filing a notice of appeal or letter of appeal with the City Manager stating therein the basis for such appeal. (D) xo 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. (S) 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 tea (10) Z'he notics I ece of the shall be rimae foam place of such hearing. acceptable to the city attorney. Mo public or published notice is required. - 21 - ��� 944 (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 sane at the hearing and may result in the denial of the appepsl . a (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 praisent: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 s=w shill have been disclosed to the City and filed with the City Manager at least ten (30) 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 mVL administrative or judicial appeal period." 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. 22 - 01- 944 Section 5. The provisions of this Ordinance shall become effective immediately after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY thin a eth,_ day of _. 1222mb . - , 1997. PASSED AND ADOPTED ON SBCOND AND FINAL READING BY TITLE ONLY this l:� day of January 199e. VIER L. , MAYOR CITY CLERIC PREPARED AND APPROVED BYs GBGR "X. MYom_+I 1xMV ASSISTANT CITY ATTOMM APPROVED AS FORK AM CORRBCTNSSS 44 , II W412 : GRN': bss - 23 -