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HomeMy WebLinkAboutR-00-0669J-00-616 7/27/00 RESOLUTION NO. A RESOLUTION OF .THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, RELATING TO THE PROVISION OF FIRE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR FIRE ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000, 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 14, 2000, 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 Resolution (Resolution No. 98-419), Sections 166.021 and 166.041, Florida Statutes, and in accordance with the City of. Miami Five Year Plan and other applicable provisions of law. SECTION 2. PURPOSE. This Resolution constitutes the Preliminary Rate Resolution as defined in the Ordinance which initiates the annual process for updating the 7A C fl, 94 11 7 CONTAINED CIV Cox, MSSION la" k"iG 01F. J U L 2 7 2000 ilesolutiOA �o Assessment Roll and directs the imposition of Fire Assessments for the Fiscal Year beginning October 1, 2000 SECTION 3. DEFINITIONS. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in the Ordinance, the Initial Assessment Resolution and the Final Assessment Resolution. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. As used in this Resolution, the following words and terms shall be defined as follows: Annual Rate Resolution means the resolution establishing the rate at which a Fire Assessment for a specific year will be computed. The Final Assessment Resolution shall constitute the Annual Rate Resolution for this fiscal year. Assessed Property means all parcels of land included on the Assessment Roll that receive a special benefit from the delivery of the fire services, programs, or facilities identified in the Initial Assessment Resolution or the Preliminary Rate Resolution. Assessment Roll means a special assessment roll relating to a Fire Assessment approved by a Final Assessment Resolution or an Annual Rate Resolution. Final Assessment Resolution means the resolution which shall confirm, modify, or repeal the Initial Assessment Resolution and which shall be the final proceeding for the imposition of the Fire Assessment. Fire Assessed Cost means the amount determined by the City Commission to be assessed in this fiscal year 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. Page 2 of 11 Fire Assessment means a special assessment lawfully imposed by the City against assessed property to fund the Fire Assessed Cost imposed to fund all or any portion of the cost of the provision of fire services, facilities, or programs providing a special benefit to property as a consequence of possessing a logical relationship to the value, use, or characteristics of property identified in this Initial Assessment Resolution. Initial Assessment Resolution means the resolution which shall be the initial proceeding for the identification of the Fire Assessed Cost for which an assessment is to be made and for the imposition of the Fire Assessment. Preliminary Rate. Resolution means the resolution initiating the annual process for updating the Assessment Roll and directing the imposition of the Fire Assessment pursuant the Annual Rate Resolution. SECTION 4. PROVISION AND FUNDING OF FIRE SERVICES. (A) Upon the imposition of Fire Assessments for _fire services, facilities, or programs against Assessed Property located within the City, the City shall provide fire services to such Assessed Property. A portion of the cost to provide such fire services, facilities, or programs shall be funded from proceeds of the Fire Assessments. The remaining required costs to provide fire services, facilities, and programs shall be funded by available City revenues other than Fire Assessment proceeds. (B) It is hereby ascertained, determined, and declared, that each parcel of Assessed Property located within the City will be benefited by the City's provision of fire services, facilities, and programs in an amount not less than the Fire Assessment Page 3 of 11 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. SECTION 8. 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 Page 4 of 11 the Parcel Apportionment for the Fiscal Year commencing October 1, 2000, 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 hereby established to fund the specified Fire Assessed Costs determined to be assessed in the Fiscal Year commencing October 1, 2000. 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. 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 Page 5 of 11. 1 0 0 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 hereby 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 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 Page 6 of 11 669 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, 2000, as provided in Section 9 of this Preliminary Rate Resolution. SECTION 9. ANNUAL ASSESSMENT ROLL. (A) The City Manager is hereby directed to prepare, or cause to be prepared, an updated Assessment Roll for the Fiscal Year commencing October 1, 2000, in the manner provided in the Ordinance. The updated Assessment Roll shall include all Tax Parcels within the Property Use Categories. The City Manager shall apportion the estimated Fire Assessed Cost to be recovered through Fire Assessments in the manner set forth in this Preliminary Rate Resolution. A copy of this Preliminary Rate Resolution, the Ordinance, the Initial Assessment Resolution, the Final Assessment Resolution, and the updated Assessment Roll shall be maintained on file in the Office of the City Clerk and Page 7 of 11 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, 2000, 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 19.5-2003) 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 hereby ascertained, determined, and declared that the method of determining the Fire Assessments for fire services as set forth in the Initial Assessment Resolution, the Final Assessment Resolution and this Preliminary Rate Resolution is a fair and reasonable method of apportioning the Fire Assessed Cost among parcels of Assessed Property located within the City. SECTION 10. AUTHORIZATION OF PUBLIC HEARING. There is hereby established a public hearing to be held at 5:05 p.m. on September 14, 2000, in the City Commission Chambers of City Hall, 3500 Pan American Drive, Miami, Florida, at which time the City Commission will receive and consider any comments on the Fire Assessments from the public and affected property owners and consider imposing Fire Assessments for the Fiscal Year beginning October 1, 2000, and collecting such assessments on the same bill Page 8 of 11 uU- 669 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 19.5-10 of the Ordinance. The notice shall be published no later than August 24, 2000, in substantially the form attached hereto as "Appendix B." SECTION 12. NOTICE BY MAIL. (A) Pursuant to Section 200.069(13)(a), Florida Statutes, and with agreement of the Property Appraiser, the City Commission elects to combine notice of the public hearing authorized by Section 10 hereof with the truth-in-millage notification required pursuant to Section 200.069, Florida Statutes. Such mailed notice shall be in the form required by Section 200.069 (13) (a) , Florida Statutes, and provide all of the information required by the Uniform Assessment Collection Act and the Ordinance necessary to impose Fire Assessments for the Fiscal Year beginning October 1, 2000. (B) By August 10, 2000, the City Manager shall make the determination whether the Property Appraiser is able and willing to timely combine the mailed notice provided for in subsection (A) of this Section with the truth-in-millage notification required pursuant to Section 200.069, Florida Statutes. If the City Manager determines the Property Appraiser Page 9 of 11 DZY 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 24, 2000. SECTION 13. APPLICATION OF ASSESSMENT PROCEEDS. Proceeds derived by the City from the Fire Assessments will be utilized for the provision of fire services, facilities, and programs. In the event there is any fund balance remaining at the end of the Fiscal Year, such balance shall be carried forward and used only to fund fire services, facilities, and programs. SECTION 14. EFFECTIVE DATE. This Preliminary Rate Resolution shall take effect immediately upon its passage and adoption. Page 10 of 11 0il- SECTION 15. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.11 PASSED AND ADOPTED this 27th day of July , 2000. JOE CAROLLO, MAYOR in accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said legislation now becomes effective with the elapse of ten (10) days f the date of Commis n act c regarding same, without the Mayor �xerpisir a)pr � .1 7i ATTEST: WALTER J. FOEMAN, CITY CLERK APPROVED AS Z FORM A 4CORRECTNESS :'V LLO CIT- ATTORNEY AF 529:GKW:BSS. ,'City Clerk , 1/ If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 11 of 11 (� G • APPENDIX A • ESTIMATED FIRE ASSESSMENT RATE SCHEDULE 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, 2000, is $18,741,948. 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, 2000, . are hereby established as follows for the purpose of this Preliminary Rate Resolution.: RESIDENTIAL PROPERTY USE CATEGORIES Rate qe Dwellin Single Family ulti-Family Public Housing NON-RESIDENTIAL PROPERTY USE CATEGORIES Building Classification (in square foot ranges) Commercial Industrial/ Warehouse Institutional < 1,999 . $ 124$ 46 $ 135 2,000 - 3,499' $ 248' 92 270 3,500 - 4,999 435 161 473 5,000 - 9,999 $ 621 230 675 10,000 -•19,999 1,242 461 $1,351 20,000 - 29,999 $2,483 921 $2,702 30,000 - 39,999 3,725 $1,382 $4,052 40,000 - 49,999 $4,966 1,843 $5,4031 50,000 - 59,999 $6, 208 2, 304 $6,754 60,000 - 69,999 $7,450 $2,764 $8,10S 70,000 - 79,999 8,691 3,225 9,456 80,000 - 89,999 $9, 933 3, 686 $10,806- 10,80690,000 90,000- 99,999 $11,174 4,146 $12,157 100,000 - 124,999 $12,416 $4,607 $13,508 125,000 - 149,999 15,520 5,759 $16,885 150,000 - 174,999 $18,624 6,911 $20,262 175,000 - 19 9, 9 $21,728 8,063 23,639 > 200,000 24,832 9,214 27,016 A-]- • APPENDIX B n FORM OF NOTICE TO BE PUBLISHED UO- 669 APPENDIX B' FORM OF NOTICE TO BE PUBLISHED To Be Published by August 24, 2000. [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, 2000. The hearing will be held at 5:05 p.m. on September 14, 2000, in the City Commission Chambers of City Hall, 3500 Pan American Drive, Miami, Florida, for the purpose of receiving public comment on the proposed assessments. All affected property owners have a right to appear at the hearing and to file written objections with the City Commission within 20 days of this notice. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk at (305) 250-5360 at least seven days prior to the date of the hearing. • The assessment for each parcel of property will be based upon each parcel's classification and the total number of billing units attributed to that parcel. The following table reflects the proposed fire assessment schedule. RESIDENTIAL PROPERTY USE CATEGORIES Rate Per Dwelling Unit Single Family $ 61.00 Multi -Family 75.00 Public Housing $212.00 NON-RESIDENTIAL. PROPERTY USE CATEGORIES Building Classification (in square foot ranges) Commercial Industrial/ Warehouse Institutional < 1,999 $ 124 $ 46 $ 135 2,000 - 3,499 248 92 270 3,500 - 4,999 435 161 473 5,000- 9,999 621 230 675 10,000 - 19,999 1,242 461 1,351 20,000 - 29,999 2,483 921 2,702 30,000 - 39,999 3,725 1,382 4,052 40,000 - 49,999 4,966 1,843 5,403 50,000 - 59,999 $6,208 $2,304 $6,754 60,000 - 69,999 7,450 2,764 $8,10S 70,000 - 79,999 $8,691 $3,225 $9,456 80,000 - 89,999 9,933 3,686 $10,806 90,000 - 99,999 $11,174 $4,146 $12,157 100,000 - 124,999 12,416 4,607 $13,508 125,000 - 149,999 $15,520 5,759 $16,88S 150,000 - 174,999 $18,624 $6,911 62 175,000 - 199,999 21,727 8,063 39 L27 > 200,000 24,832 9,214 16 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 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 .� B-2"' �¢ serves a legitimate public purpose and provides a public benefit. Therefore, it is fair and reasonable not to impose Fire Assessments upon such Institutional Property whose use is also wholly exempt from ad valorem taxation under Florida Law, which typically describes improved parcels which are neither residential, commercial or industrial in use, and are predominately used for educational, governmental, eleemosynary, community service, religious, cultural, literary, health care, benevolent and scientific purposes. Pursuant to Section 8 of the Preliminary Rate Resolution the City Commission has ascertained, determined, and declared that Public Housing Property relieves a shortage of safe or sanitary dwelling accommodations available at rents which persons of low income can afford and avoids conditions which otherwise might necessitate the further expenditure of public funds. Therefore, it is fair and reasonable not to impose Fire Assessments upon Public Housing Property. Any shortfall in the expected Fire Assessment proceeds due to any reduction or exemption .from payment of the. Fire Assessments required by law or authorized by the City Commission shall be supplemented by any legally available funds, or combination of such funds, and shall not be paid for by proceeds of funds derived from the Fire Assessments. The City Commission has also made the legislative determination that in the event a court of competent jurisdiction determines any exemption or reduction by the City Commission is improper or otherwise adversely affects the validity of the Fire Assessments imposed B-3 �+' for this Fiscal Year, the sole and exclusive remedy shall be the imposition of a Fire Assessment upon each affected tax parcel in the amount of the Fire Assessment that would have been otherwise imposed save and except for such reduction or exemption afforded to such tax parcel by the City Commission. Copies of the Fire Rescue Assessment Ordinance (Ordinance No. 11584), the Initial Assessment Resolution (Resolution No. 98-325), the Final Assessment Resolution (Resolution No. 98-419), the Preliminary Rate Resolution (Resolution No. 98-773), 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 year are available for inspection at the Office of the City Clerk of Miami, Florida, 3500 Pan American Drive, Miami, Florida. The assessments will be collected on the ad valorem tax bill to be mailed in November 2000, as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate. to be issued against the property which may result in a loss of title. If you have any questions, please contact the Department of Fire -Rescue at (305) 416-1770, Monday through Friday between 8:30 a.m. and 4:30 p.m. CITY CLERK CITY OF MIAMI, FLORIDA ■ 11 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 • APPENDIX C FORM OF NOTICE TO BE 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 OFNON-AD VALOREM FIRE ASSESSMENTS NOTICE DATE: AUGUST 24, 2000 Tax Parcel #: Legal Description: Sequence #: As required by Section 197.3632, Florida Statutes, notice is given by the City of Miami that an annual assessment for fire services using the tax bill collection method, may be levied on your property for the fiscal year October 1, 2000 - September 30, 2001. Previous special assessments to fund fire services benefitting improved property located within the City of have proven to be fair, efficient and effective. The total annual fire assessment revenue to be collected within the City of Miami for the upcoming fiscal year is estimated to be $18,741,948. 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 The annual fire assessment for the above parcel is A public hearing will be held at 5:05 p.m. on September 14, 2000, in the City Commission Chambers of City Hall, 3500 Pan American Drive, Miami, Florida. for the purpose of receiving public comment on the proposed assessments. This notice addresses a special assessment to partially fund the cost to make fire services available during the period from October 1, 2000, through September 30, 2001, which will be collected on the same bill as.ad valorem taxes. You and all other affected property owners have a right to.appear at the hearing and to file written objections with the City Commission within 20 days of this notice. If you decide to appeal any decision made by the City Commission with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk at (305) 250-5360 at least seven days prior to the date of the hearing. Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission action at the above hearing (including the method of apportionment, the rate of assessment and the imposition of assessments), such action shall be the final adjudication of the C-2 • issues presented. 0 Copies of the Fire Rescue Assessment Ordinance (Ordinance No. 11584), the Initial Assessment Resolution (Resolution No. 98-325), the Final Assessment Resolution (Resolution No. 98-419), the Preliminary Rate Resolution initiating the annual process of updating the Assessment Roll and imposing the Fire Assessments, and the preliminary Assessment Roll for the upcoming Fiscal Year are available for inspection at the Office of the City Clerk of Miami, Florida, 3500 Pan American Drive, Miami, Florida. Both the non -ad valorem fire assessment amount shown on this notice and the ad valorem taxes for the above parcel will be collected on the ad valorem tax bill mailed in November. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. If there is a mistake on this notice, it will be corrected. If you have any questions regarding your fire assessment, please contact the Department of Fire -Rescue at (305) 416-1770, Monday through Friday between 8:30 a.m. and 4:30 p.m. * * * * THIS IS NOT A BILL * * * * * C-3 0 0- 0 CITY OF MIAMI, FLORIDA I * 22 INTER -OFFICE MEMORANDUM The Honorable Mayor and FM-129.doc To Members of the City Commission DATE: JUL 2 0 2000 FILE Proposed Resolution: SUBJECT: Fire Preliminary Assessment FY 2000-2001 s A. !me a Commission Meeting 7/27/00 FROM: REFERENCES: City Manager ENCLOSURES: RECOMMENDATION It is respectfully recommended that the attached Resolution, with attachments, relating to the Fire. Assessment be adopted. This Resolution establishes the estimated assessment rate for fire assessment for the fiscal year beginning October 1, 2000, provides new definitions, directs the preparation of an assessment roll, authorizes a public hearing for September 14, 2000, directs the provision of notice and an effective date. BACKGROUND The preliminary rate schedule set forth in this Resolution is in accordance with the Five Year Plan which was previously approved by the Miami City Commission and the Financial Oversight Board: Upon the 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 further provides definitions for terms used in Fire Assessment legislation and determines a public hearing date with provision of notice. This Resolution constitutes the Preliminary Rate ' Resolution for FY 2000-2001 as defined in Ordinance No. 11584, adopted January 13, 1998, which initiated the process for updating the Assessment Roll and directed the reimposition of Fire Rescue Assessments on an annual basis, pursuant to Section .197.3632 Fla. Stat. CAG /WW MLK/TF/mgr FM.129.doc 00— 669 0 J-97-922/2 12/30/97 ORDINANCE NO. 11584 AN ORDINANCE CREATING NEW CHAPTER 19.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDFn, ENTITLED "FIRE RSSCUF ASSESSMENT", RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES, AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; AUTIiORIZING THE IMPOSITION AND COLLECTION OF FIRE RESCUE ASSESSMENTS AG.TNET PROPERTY THROUGHOUT THE CITY OF MIAMI; PROVIDING CERTAIN DEFINITIONS AND DEFINING THE TERM "FIRE RESCUE ASSESSMENT"; ESTABLISHING THE PROCEDURES FOR I14POSING FIRE RESCUE ASSESSMEI4TS; PROVIDING THAT FIRE RESCUE ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF ASSESSMENT ROLL; PROVIDING THAT THE LIEN. FOR A FIRE RESCUE ASSESSMENT CCS}:}.:ACTED;. PURSUANT TO SECTIONS 197.3632 AND 19`1.3635, FLORIDA WSTATWES, UPON PF_"SMON SHJkT4L .k TRCH TO THE PROPERTY ON THE PF '; Z- J�_19-�P.Y 1, THE LIEN DATE FOR. AD VALOR&+ TAXIS - :D%NV TA -AT A PERFECTED LIEN SHALL BE EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATS, COUNTY, DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENF ; b!0wImf RS, TITLES, AND CLAIMS; Y;m IM'OSITION Or. INTERIM ASS:, w- sftATrs; P:,,IOVIDINC PROCEDURES FOR COLLECTION Ole FIRE RESC'U% MSESSMENTc; PROVIDING A MELHANISM FOR THE IMPOSITION OF ASSESSMENTS ON GOVERNMENT PROPERTY; MORE PARTICULARLY BY. ADDING NBW SECTIONS 19.5-1 THROUGH 19.5-23 TO SAIiD CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 0a._ 6'69 • Section 1. New Chapter 19.5, entitled '"Fire Rescue Assessment", is hereby added to the Code of the City of Miami, Florida, as amended, as follows: "CHAPTER 19.5 Fire Rescue Assessment ARTICLE 1. IN GENERAL .Sec., 19.5-1. Definitions. As used in this Chapter, the following words and terms shall have the following meanings, unless the context clearly otherwise requires: "Annual Rate Resolution" means the resolution described in section 19.5-14 hereof, esta.,lishing the rate at which a Fire Rescue Assessment for a specific Fisck Year will- be- computed. The Final Assessment Resolution shall constitute the Annual Rate Resolution for the initial Fiscal Year in which a Fire Rescue Assessment is imposed or reimposed. "Assessed Property" means all parcels of land included on the Assessment Roll that receive a special benefit from the delivery of the fire rescue services, programs or facilities identified in the Initial Assessment Resolution or the Preliminary Rate Resolution. "Assessment R011" means the special assessment roll relating to a Fire Rescue Assessment approved by a Final Assessment Resolution pursuant to section 19.5-12 hereof or an Annual Rate Resolution pursuant to section 19.5-14 hereof. "Building" means any structure, whether temporary or permanent, built for support, shelter or enclosure of persons, chattel, or property of any kind. This texm shall include mobile homes or any vehicles serving in any way the function of a building. "Certificate of Occupancy" means the written certification issued by the City that a Building is ready for occupancy for its intended use. . For the purposes of this Ordinance, a set up permit or its equivalent issued for a mobile home shall be considered a Certificate of Occupancy. "City" means the City of Miami, Florida. - 2 - W "City Commission" means the governing body of the City of Miami, Florida. "City Manager" means the head of the administrative branch of the City as defined in the City Charter, or his designee. "Final Assessment Resolution" means the resolution described in section. 19.5-12 hereof which shall confirm, modify, or repeal the Initial Assessment Resolution and which shall be the final proceeding for the initial imposition,of Fire Rescue Assessments. "Fire - Rescue Assessment" means a special assessment lawfully imposed by the City against. Assessdd Property to fund the Fire Rescue Assessed'Cost imposed to fund all or any portion of the cost of the 'provision of fire rescue services, facilities, or programs providing a special benefit to property ax a consequence of possessing a logical relationship to the value, use, or characteristics of property identified in N$ Initial Assessment Resolution'or the Preliminary Rate Resolution. "Fire rescue Assessed Cost" means the amount determined by the City Commission to be assessed in any Fiscal Year to fund all or any portion of the cost of the provision of fire rescue services, facilities, or programs which provide a special benefit to Assessed Property, and shall include, but not be limited to, the following components: (A) _the cost of 'physical construction, reconstruction. or completion of any required facility or improvement; (B) the costs incurred in any required acquisition or purchase; (C) the cost of all labor, materials, machinery, and equipment'; (D) the cost of fuel, parts, supplies, maintenance, repairs, and utilities; (B) the cost of computer services, data processing, and communications; (F) the cost of. all lands and interest therein, leases, property rights, easements, and franchises of any nature whatsoever; (G) the cost of any indemnity or surety bonds and premiums for insurance; (H) the cost of salaries, workers, compensation insurance, or other. employment benefits; (I) the. cost of uniforms, training, travel, and per diem; (J) the cost of construction plans and specifications, surveys and estimates of costs; (K) the cost of engineering, financial, legal, and other professional services; JL) the costs of compliance, with any contracts or agreements entered into by the City to provide fire rescue services; (M) all costs associated with the structure, implementation, collection, and enforcement of the Fire Rescue Assessments, including any service charges of the Tax Collector, or Property Appraiser and W amounts necessary to off -set discounts received for early payment of Fire Rescue Assessments pursuant to the Uniform Assessment Collection Act or for early payment of Fire Rescue Assessments collected pursuant to section .19.5-21 herein; (N) all other costs and expenses necessary or incidental to the acquisition, provision, or construction of fire rescue services, facilities, or programs, and such other expenses as may be n cessary or incidental to any. related financing auth6rized, by the City Commission by subsequent resolution; (0) a reasonable amount for contingency and anticipated delinquencies and uncollectible Fire Rescue Assessments; and (P) reimbursement to the City or any other Person for any .moneys advanced for any costs incurred by the City or such Person in connection with any of the foregoing components of Fire Rescue Assessed Cost. "Fiscal Year" means that period commencing October 1st of each. year and continuing through .the next succeeding September 30th, or such other period as may be prescribed by law as the fiscal year for the City. "Government Property" means property owned by the United States of America or any agency thereof, a sovereign state or nation, the State of Florida or any agency thereof, a county, a special district or +a municipal corporation. "initial Assessment Resolution" means the resolution described in section 19.5-8 hereof which shall be the initial proceeding for the identification of the Fire Rescue Assessed. Cost for which an assessment is to be made and for the imposition'of a Fire Rescue Assessment. "Ordinance" means this Fire Rescue Assessment Ordinance. "Owner" shall mean the Person reflected as the owner of Assessed Property on the Tax Roll. "Person" means any individual, partnership, firm, organization, corporation, association, or -any other legal entity, whether singular or plural, masculine or feminine, as the context may require. "Preliminary Rate Resolution" means the resolution described in section 19.5-14 hereof initiating the annual process for updating. the Assessment Roll and directing the reimposition of Fire Rescue Assessments pursuant to an Annual Rate Resolution. 4 - U0 669 "Property Appraiser" means the Property Appraiser of the County., . "Tax Collector" means and Administrative Services of the Dade County Charter. the Department of Finance as described in Article IV "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. ."Uniform Assessment Collection Act" means sections 197.,3632 and 197.3635, Florida Statutes., or any successor statutes authorizing the collection of non -ad valorem assessments on the same bill as ad valorem taxes, ` and any applicable regulations promulgated thereunder. Sec. 19.5-2. Interpretation. *Unle6s the context indicates' otherwise, words importing the. singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Ordinance; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this Ordinance. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. Sec. 19.5-3. General Findings. It is hereby ascertained, determined, and declared that: (A) Pursuant to Article VIII; section 2(b), Florida Constitution, and sections 166.021 and 166.041, Florida Statutes, the City Commission has all powers of local self-government to perform municipal functions, render municipal services except when prohibited by law, and such power may be exercised by the enactment of legislation in the form of City ordinances. (B) The City Commission may exercise any governmental, corporate, or proprietary power for: a municipal purpose except when expressly prohibited by law, and the City Commission may legislate on any subject matter on which the Florida Legislature may act, except those subjects described in (a) , (b) , (c) , and (d) of section 166.021(3), Florida Statutes. The subject matter of paragraphs (a) , (b) , (c) , and (d) of 5 - U"r nh.4 section 166.021(3), Florida Statutes, are not relevant to the imposition of assessments related to fire rescue services, facilities or programs of the City. (C) The purpose of this Ordinance is to (1) provide procedures and standards for the imposition of city-wide Fire Rescue Assessments under the general home rule powers of a municipality to impose special assejesments; (2) authorize a procedure for the funding of fire rescue services, facilities, or programs providing special benefits to property within the City; and (3)- legislatively determine the special benefit provYded 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. %9E) ,The Fire Rescue Assessment imposed pursuant to this Ordinance is imposed by the City Commission, not the -Dade. County Board of County Commissioners, Property Appraiser or Tax Collector. Any activity of the Property Appraiper or Tax Collector Lander the provisions of this Ordinance shall be construed as ministerial. Sec. 19.5-4. Legislative determinations of special benefit. It is hereby ascertained and declared that the fire rescue services, facilities, and programs of the City provide a special benefit to property within the City that is improved by the existence or construction of a dwelling unit or Building based upon the following legislative determinations: (A) Fire rescue services, which include the combined fire control and emergency medical services of the City under its existing consolidated fire rescue program, possess a logical relationship to the use and enjoyment of improved property by: (1) protecting the value of the improvements and structures through the provision of available fire rescue services; (2) protecting.the life and safety of intended occupants -in the use and enjoyment of improvements and structures within improved parcels; (3) lowering the cost of fire or other insurance by the presence of a professional and comprehensive fire rescue program within the City; and (4) containing the spread of fire incidents occurring on vacant property with the potential to IMI 0 • 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 property 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 rental, charge or value of such business or commercial property. Sec. 19.5-5. Applicability... This Ordinance and the -City Is authority to impose assessments pursuant hereto shall be applicable throughout the City. Sec. 19.5-6. Alternative method. (A) This Ordinance shall be deemed to provide an additional 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 powers now existing or which may hereafter cane into existence. This Ordinance, being necessary for the welfare of the inhabitants of the City, shall be liberally construed to effect the purposes hereof. (B) Nothing herein shall preclude the City Commission from directing and authorizing, by resolution, the combination with each other of (1) any supplemental or additional notice deemed proper, necessary, or convenient by the City, (2) any notice required by this Ordinance, or (3) any notice required by law, including the Uniform Assessment Collection Act." - 7 - p- 669 U8 - I -, 0 ARTICLE II. ANNUAL FIRE RESCUE ASSESSMENTS Sec. 19.5-7. General authority. (A) The City Commission is hereby authorized to impose an annual Fire Rescue Assessment to fund all or any portion of the Fire rescue Assessed Cost upon benefited property at a rate of assessment based on the special benefit accruing to .such property from the City's provision of fire rescue services, facilities, or )programs. All Fire Rescue Assessments shall be imposed in conformity with the procedures set forth in this Article II. (B) The amount of the Fire Rescue Assessment imposed,in a Fiscal Year against a parcel of Assessed Property shall be determined pursuant to an apportionment methodology based upon a classification of pwoperty 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 Assessments against Government Property. Sec. 19.5-8. Initial proceedings. -The initial proceeding for the imposition of a Fire Rescue Assessment shall be the adoption of an Initial Assessment Resolution by the City Commission (A) containing a brief and general description of the fire rescue services, facilities, or programs to be provided; (B) -estimating the Fire rescue Assessed Cost to be assessed; (C) describing the method of apportioning the Fire rescue Assessed Cost and the computation of the Fire Rescue Assessment for specific properties; (D) providing a summary description of the parcels of property (conforming to the description contained on the Tax Roll) located within the City that receive a special benefit from the provision of fire rescue services, facilities, or programs or describing a specific geographic area in which such servibe, facility, or program will be provided; (E) establishing an assessment rate for the upcoming Fiscal Year; and (F) directing the City Manager to (1) prepare the initial Assessment Roll, as required by section 19.5-9 hereof, (2) publish the notice required by section 19.5-10 hereof, and (3) mail the notice required by 0w" section 19.5-11 hereof using information then available from the Tax Roll. Sec. 19.5-9. Initial assessment roll. (A) The City Manager shall prepare, or direct the preparation of, the initial Assessment Roll, which shad contain the following: (1) A summary description of all Assessed Property conforming to the description contained on the Tax Roll. (2) The name of the Owner of the Assessed Property. - (3) The amount of the Fire Rescue Assessment to be imposed against each such parcel of Assessed Property. (B) The initial Assessment Roll shall be retained by 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 of a computer terminal available to the public. Sec. 19.5-10. Notice by publication. Upon completion of the initial Assessment Roll, the City Manager shall publish, or direct the publication of, once in a newspaper of general circulation within the City a notice stating that at a meeting of the City Commission on a certain day and hour, not earlier than 20 calendar days from such publication, .which meeting .shall be a regular, adjourned, or special meeting, the City Commission will hear objections of all interested persons to the Final, Assessment Resolution which shall establish the rate of assessment and approve the aforementioned initial Assessment Roll. The published notice shall conform to the requirements set forth in the Uniform Assessment Collection Act. Such notice shall include (A) a geographic depiction of the property subject to the Fire Rescue Assessment; (B) a brief and general description of the fire rescue services, facilities, or programs to be provided; (C) the rate of assessment; (D) the -procedure for objecting provided in section 19.5-12 hereof; (8) the method by which the Fire Rescue Assessment will be collected; and (F) a statement, that the initial Assessment Roll is available for inspection - 9 -0+` �� - at the office of the City Manager and all interested persons may ascertain the amount to be assessed against a parcel of Assessed Property at the office of the City Manager. Sec. 19.5-11. Notice by.mail. t(A) If the City decides to collect the Fire Rescue Assessments on the same bill as ad valorem taxes in the manner provided in the Uniform Assessment Collection Act, the City Manager shall additionally provide notice, or direct the provision of notice, of the proposed Fire Rescue Assessment by first class mail to the Owner - of each . parcel of property (except Government Property) subject to the Fire Rescue Assessment. Such notice shall include (A) the purpose of the Fire Rescue Assessment; (B) the rate of assessment to be, levied against each parcel of property; (C) the unit of measurement applied to determine the Fire Rescue Assessment; (D) the number of suchtwinita contained in each parcel of property; (BY the total revenue to be collected by the City from the Fire Rescue Assessment; (F) a statement that failure to pay the Fire Rescue Assessment will cause a tax certificate to be issued against the property or foreclosure proceedings to be instituted, either of which may result in a loss of title to the property; (G) a statement that all affected Owners have a right to appear at the hearing and to file written objections with the City Commission within 20 days of the notice; and (H) the.date, time, and place of the hearing. Such mailed notice shall conform to the requirements set forth.in the Uniform Assessment Collection Act. Notice shall be mailed at least 2.0 calendar days prior to the hearing to each Owner at such address as is shown on the Tax Roll., Notice shall be deemed mailed upon delivery thereof to the possession of the United States Postal Service-. The City Manager may provide proof of such notice by affidavit. Failure of the Owner to receive such notice due to mistake or inadvertence, shall not affect the validity of the Assessment Roll nor release or discharge any obligation for payment of a Fire Rescue Assessment imposed by the City Commission pursuant to this Ordinance. (B) No individually mailed notice to affected owners, in addition to the published notice in section 19.5-10 hereof, shall be required in the event the City employs an alternative method of collection and chooses not to collect the Fire Rescue Assessments on the same bill as ad valorem taxes. - 10 - 0— 669 �--a • • Sec. 19.5-12. Adoption of Final Assessment Resolution. At the time named in such notice, or to which an adjournment or'continuance may be taken by the City Commission,. the City Commission shall receive any written objections of interested persons and may then, or at any subsequent meeting of the City Commission adopt the Final Assessment Resolution which shall (A) conf'rm, modify, or repeal the Initial Assessment Resolution with such amendments, if any, as may be deemed appropriate- by the City Commission; (B) establish the rate of assessment to be imposed in the upcoming Fiscal Year; (C) approve the .initial Assessment Roll, with such amendments as it deems just and right and (D) determine the method of collection. The Final Assessment Resolution, or. any subsequent Annual Rate Resolution, may modify, ratify or confirm the Initial Assessment Resolution, or any subsequent Preliminary Rate Resolution. The adoption of the Final Assessment Resolution by the City Commission. 'shall constitute a legislative determination that all parcels asse�ed derive a special benefit from the fire rescue services,' 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. Seca 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 -lien of the Fire Rescue Assessments), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of the City Commission action on the Final Assessment Resolution. The initial Assessment Roll, as approved by the Final Assessment Resolution, shall be delivered to the Tax Collector, as. required by the Uniform Assessment Collection Act, or if the - 11 - 0 0" 669 S� alternative method described in section 19.5-21 hereof is used to collect the Fire Rescue Assessments, such other official as the City Commission by resolution shall designate. Sec. 19.5-14. Adoption of Annual Rate Resolution. .,(A) The City, Commission shall adopt an Annual Rate Resolution during its budget adoption process for each Fiscal Year following the initial Fiscal Year for which a.Fire Rescue Assessment is imposed hereunder. (B) The initial .proceedings for the adoption of an Annual Rate Resolution shall be the adoption of a Preliminary Rate. Resolution by the City Commission (1) contairfing a brief and general description of the f ire rescue services, facilities, or programs to be provided; (2) estimating the Fire rescue Assessed Cost to be assessed for the upcoming Fiscal Year; (3) establishing the assessment rate for the upcoming Fisc4l Year; (4) authorizing the date, time, and place of al -public hearing'to receive and consider comments from the public and consider the adoption of the Annual Rate Resolution for .the upcoming Fiscal Year; and .(5) directing the City Manager to (a) update the Assessment Roll, (b) provide notice by publication and first class mail to affected Owners in the event circumstances described in subsection (F) of this section so require, and (c) directing and authorizing any supplemental or additional notice, deemed proper, necessary or convenient by the City. (C)- The Annual Rate Resolution shall (1) establish the rate of assessment to be imposed in the upcoming Fiscal Year and (2) approve the Assessment Roll for the upcoming Fiscal Year with such adjustments as the City Commission deems just and right. The Assessment Roll shall be prepared in accordance with the method of apportionment set forth in the Initial Assessment Resolution together with modifications,. if any, and as confirmed in the Final Assessment Resolution or as provided in the Preliminary Rate Resolution. (D) Nothing herein shall preclude the City Commission from providing annual notification to all Owners of Assessed Property in the manner provided in either or both sections 19.5-10 or 19.5-11 hereof. (B) Nothing herein shall preclude the City Commission from establishing by resolution a maximum rate of assessment provided that notice of such maximum 669 assessment rate is provided pursuant to sections 19.5-10'and 19.5-11 hereof. (F) In the event (1) the proposed Fire Rescue Assessment'for any Fiscal Year exceeds the maximum rate of assessment adopted by the City Commission and included in notice previously provided to the Owners of Assessed Property pursuant to sections 19.5-10 and 19.5 11 hereof, (2) the method of apportionment is changed or the purpose for which the Fire Rescue Assessment is imposed is substantially changed from that represented by notice previously provided to the Owners- of Assessed Property pursuant to sections 19.5- 10 ,and 19.5-11 hereof, (3) Assessed Property is reclassified in a manner which results in an increased Fire Rescue 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 Owners in substantial conformance with the notice requirements set forth in sections 19.5-10 and 19.5-11 hereof. and inform the Owner of the date, time, and place for the adoption of the Annual Rate Resolution. The failure of the 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 any Fire Rescue Assessment not challenged within the required 20 day period for those. Fire Rescue Assessments imposed against. Assessed Property by the inclusion of the Assessed Property on an Assessment Roll approved in the Final Assessment Resolution or any subsequent Annual Rate Resolution. 13 - �3� _ s. (H) The Assessment Roll, as approved by the Annual Rate Resolution, shall be delivered to the Tax Collector as required by the Uniform Assessment Collection Act, or if the alternative method described in section 19.5-21 hereof is used to collect the Fire Rescue Assessments, such other official as the City Commission by resolution shall designate. If the Fire Res&e Assessment against any property shall be sustained, reduced, or abated by the court, an adjustment shall be made on the Assessment Roll. Sec. 19.5-15. Lien of Fire Rescue Assessmcnts.. LVon the adoption of the Assessment Roll, all Fire Rescue Assessments shall constitute a lien against Assessed Property equal in rank and dignity with the liens of all state,- county, district, of municipal taxes and special assessments. Except as otherwise provided by law, such lien shall be superior in dignity to *11 'other prior lien, 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. Commission of the Final Assessment Resolution or the Annual Rate Resolution, whichever is applicable, and shall attach to the property on such date of adoption. Sec. 19.5-16. Revisions to Fire Rescue Assessments. If any Fire Rescue Assessment made under the provisions of this Ordinance is either. in whole or in part annulled, vacated, or set aside by the judgment of any court, or if the City Commission is satisfied that any such Fire Rescue Assessment is so irregular or defective that the same cannot be - enforced : or collected, or if the City Commission has omitted any property on .the Assessment Roll which property should have been so included, the City 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 - CIO— 669 case such second Fire Rescue Assessment is annulled, vacated, or set aside, the City Commission may obtain and impose other Fire Rescue Assessments until a valid Fire Rescue Assessment is imposed. Sec. 19.5-17. Procedural irregularities. ,,Any informality or irregularity in the proceedings in connection with the levy of any Fire .Rescue Assessment under the provisions of this Ordinance shall not affect the validity of the same after the approval thereof, and any Fire Rescue Assessment as finally approved shall be competent and sufficient evidence that such Fire.Rescue Assessment was duly levied, that the Fire Rescue Assessment was duly made and adopted, and that. -all other proceedings adequate to such Fire Rescue Assessment were duly had, taken,, and performed as required by this Ordinance; and no variance from the directions' hereunder shall be held material unless it be clearly shown that the party objecting was maternally, injured - thereby.: Notwithstanding the provisions of this section, any party objecting to a Fire Rescue Assessment imposed pursuant. to this Ordinance must file an objection with a court of competent jurisdiction within the time periods prescribed herein. Sec. 19.5-18. Correction of errors and omissions. (A) No act of error or omission on the, part of the Property. Appraiser, Tax Collector, City Manager, City Commission, or their deputies, employees, agents or designees shall operate to release or discharge any obligation for payment of a Fire Rescue Assessment imposed by the City Commission under the provision of this Ordinance. (B) When it, shall appear that any Fire Rescue Assessment should have been , imposed under this Ordinance against a parcel of property specially benefited by the provision of fire rescue services, facilities, or programs, but that such property was omitted from the Assessment Roll or was not listed on the Tax Roll as an individual parcel of property as of the' effective date of the Assessment Roll approved, by the Annual Rate Resolution for, any upcoming Fiscal Year, the City Commission. may, upon provision of a notice by mail provided to the Owner of the omitted parcel in substantially the manner and form provided in section 19.5-11, impose the applicable Fire Rescue Assessment for.the Fiscal Year in which such error is discovered, in addition to the applicable Fire .Rescue 00 60 — Assessment due for the prior two Fiscal Years. Such Fire Rescue Assessment shall constitute a lien against Assessed Property equal in rank and dignity with the liens of all state, county, district, or municipal taxes and special assessments, and superior in rank and dignity to all other prior liens, mortgages, titles, and claims in and to or against the real property involved, shall be collected as provided in Article III herdbf, and shall be deemed perfected on the date of adoption of the resolution imposing the omitted or delinquent assessments. (C) Prior to the. delivery of the Assessment Roll to the Tax Collector in accordance with the Uniform Assessment Collection Act, the City Manager shall have the authority at any time, upon his or her own initiative or in response to -a timely filed petition from the Owner of any property subject to a Fire Rescue Assessment, to reclassify property based upon presentation of competent and substantial evidence,. and correct any error in applying the Fire Rescue Assetsment apportionment method to any particular _. parcel' of .property not otherwise requiring the provision of notice pursuant to the Uniform Assessment Collection Act. Any such correction shall. be considered valid ab initio and shall in no way affect the enforcement of the Fire Rescue Assessment imposed under the provisions of this Ordinance. All requests 'from affected property owners for any such changes, modifications or, corrections shall be referred to, and processed by, the City Manager and not the Property. Appraiser or Tax Collector. Any property owner unsatisfied with the decision of the City Manager may seek review by a hearing officer in the manner provided in Section 19.5-23 hereof. (D) After the -Assessment Roll has been delivered to the Tax Collector in accordance with the Uniform Assessment Collection Act, any changes, modifications, or corrections thereto shall be made in accordance with the procedures applicable to correcting errors and insolvencies on the Tax Roll upon timely written request and direction of the City Manager. Sec.. 19.5-19. Interim assessments. .(A) '. An interim Fire Rescue Assessment shall be imposed against all property for which a Certificate of Occupancy is issued after adoption of the Annual Rate Resolution. The amount of the interim Fire Rescue Assessment shall be calculated upon a monthly rate, which shall be one -twelfth of the annual rate for such property coluputed in accordance with the Annual Rate 1 -- X69 6 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 Assqpsment 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 Cgrtificate of Occupancy was issued and shall constitute a lien against such property as of that date. Said lien shall be equal in rank and dignity with the liens of all state, county, district or municipal taxes and special assessments, and superior in rank and dignity to all other liens, encumbrances, titl&,$ apd claims in and to or against the real property involved and shall be deemed perfected upon. the issuance of the Certificate of Occupancy. (B) Any 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 III. COLLECTION AND USE OF FIRE RESCUE ASSESSMENTS 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 Assessiiment Collection Act for any specific parcelof benefited property may include an amount equivalent to the payment delinquency, delinquency fees and recording costs for a prior year's assessment for a - 17 - 00— 669 1444.4. 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 years 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 bilPir. by 'first class mail to the Owner of each affected parcel of property, other than Government Property, at any time prior to or during the Fiscal Yearfor which such Fire Rescue Assessments are imposed. The bill or accompanying explanatory material shall include '(1) a brief explanation of the Fire Rescue Assessment, (2) a description of the unit of measurement used to determine the amount of the Fire Rescue Assessment, (3) the number of units contained within the parcel, (4) the total amount of the Fire Rescue Assessment imposed against the parcel, for the appropriate period, (5) the location at which payment will be accepted, (6) the date on which the Fire Rescue Assessment is due, and (7) a statement that the Fire Rescue Assessment constitutes a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non -ad valorem assessments. (B) 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 18 -"" delinquent if it is not paid within 30 days from the date any installment is due. The City• or its agent shall notify any property owner who is delinquent in payment of his or her Fire- Rescue Assessment within 60 days from ,the date such assessment was due. Such notice shall state in effect that the City or its agent will either (1) initiate a .foreclosure action or suit in equity and cause the foreclosure of such property subct to a delinquent Fire Rescue Assessment in a method now or hereafter provided by law for foreclosure of mortgages on real property, or (2) cause an amount equivalent to, the delinquent Fire Rescue Assessment, not -previously subject to collection using the uniform method.. under the Uniform Assessment Collection Act, to be collected on the tax bill for a subsequent year. (5) All costs, fees and expenses, including reasonable, attorney fees and title search expenses, related to any foreclosure action' as described herein shall be included in any judgment or decree rendered therein.' At the sale pursuant to decree in any such actin, the City may be the purchaser to the same extent as any .Person. The -City . or its agent may join - • in one foreclosure action the collection of Fire Rescue Assessments against any or all property assessed in accordance with the provisions hereof. All delinquent Owners whose property is foreclosed shall be liable for an apportioned amount of reasonable costs and 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. . (B) In lieu of foreclosure, any delinquent Fire Rescue Assessment and the costs, fees and expenses attributable thereto, may be collected pursuant to the Uniform Assessment Collection Act; provided however, that (1) notice is provided to the Owner in the manner, required by the Uniform Assessment Collection Act and this Ordinance, and (2) any existing.: lien of record on the affected parcel for the delinquent Fire Rescue Assessment is supplanted by the lien resulting from certification of the Assessment Roll, as applicable, to the Tax Collector. (F) Notwithstanding the City's use of an alternative' method of collection, the City Manager shall have the same power and authority to' correct errors and omissions as provided to him or county officials in section.19.5-18 hereof. 19 - 669 (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 agai-fist 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 Asserpment, (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 parcelvs Fire Rescue Assessment for the appropriate period, (5) the location at which payment will be accepted, and (6) the date on which the Fire Rescue Assessment is due. 61(p) 'Fire Rescue Assessments' imposed against Government Property shall be due on the same date as all other Fire. Rescue Assessments and, it applicable, shall be subject to the same discounts for early payment. (C) A Fire Rescue Assessment shall become delinquent if it is not paid within 30 days from the date any installment is due. The City shall notify the Owner of any Government Property that is delinquent in payment of its Fire Rescue Assessment within 60 days from the date such assessment was due. Such notice shall state that the City will initiate a mandamus or other appropriate judicial.action to compel payment. (D) All costs, fees and expenses, including reasonable attorney fees and title search expenses, related to.any mandamus or other action as described herein shall be included in any judgment or decree rendered therein. All delinquent Owners of Government Property against which a mandamus or other,appropriate action is filed shall be liable for an apportioned amount of reasonable costs and expenses incurred by the City, including reasonable attorney fees, in collection of such delinquent Fire Rescue Assessments and any other costs incurred by the City as a result of such delinquent Fire Rescue Assessments and the same shall be collectible as a part of or in addition to, the costs of the.action. (B) As an alternative to the foregoing, a .Fire Rescue Assessment imposed against Government Property may. be collected as a surcharge on a utility bill 20 �� 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. (8) The aggrieved property owner shall file a written notice of appeal with the City Manager's office withb a- twenty (20) days following the effective date Qf the assessment or action by the City Manager under Sections 19.5-18 or 19.5-19 hereof. The filing of an. appeal at any point in time shall not stay the collection of the Fire Rescue Assessment. (C) An appeal - to the hearing officer shall be made within twenty (20) days after the effective date of the Fire Rescue Assessment or action by the City Manager under Sections 19.5.-18 or 19.5-19 hereof by filing a notice of appeal or letter of appeal with the City Manager stating therein the basis for such appeal. (D) No hearing shall be heard by the hearing officer. unless the respective appeals have been filed within the time and at the place- provided in this chapter. (R) All decisions of the hearing officer made under this section shall be deemed final. (F) All such requests for review by the City under this chapter shall be subject to the disclosure requirements set forth in section 2-618, of the Code of the City of Miami, Florida,. as amended. (G)' The City Manager shall give the appealing party at least ten (10) days' notice of the time and place of such hearing. The notice shall be in a form acceptable to the city attorney. No public or published notice is required.. (H) The aggrieved property owner shall, at his own cost, provide supplemental information in advance to the City Manager including, but not limited to, relevant data, consulting or expert reports or opinions, or other information to be used or relied upon at the hearing. Failure to timely provide such information shall preclude the use and consideration of same at the hearing and may result in the denial of the appeal. (I) At the time and place set for the hearing the .hearing officer shall give the appealing party a reasonable opportunity to be heard. Parties may present evidence to support their position; however, no ecoriomic or technical reports, studies, appraisals or other information, expertise or opinions shall be considered by the hearing officer unless the same shall have been disclosed to the City and filed with the City Manager at least ten (10) days prior to that hearing. All exhibits presented to the hearing officer shall become part of the record and shall remain so until the determination of the hearing officer or the expiration of ash 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 - C 0' — G 6119 Section 5. The provisions of this Ordinance shall become effective immediately after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this Toth day of Decemher 1997. 0 PASSED AND,ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 13th' day of January 1998. t VIER L. S", MAYOR A CITY CLERK PREPARED AND APPROVED BY: /v GB RGB . WYSONG IY ASSISTANT CITY ATTORNEY APPROVED AS FORM AND CORRECTNESS: Qf rINN/JONBS , f I I W412:GKW bss - 23 - 'l 00- 669.