The URL can be used to link to this page

2001-11-06 RegularCITY OF OKEECHOBEE NOVEMBER 6, 2001 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION AGENDA I. CALL TO ORDER - Mayor: November 6, 2001, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Al Jaquith; Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea Office Assistant Carolyn Arnold IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the October 16, 2001 Regular Meeting. V. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 1 OF 8 COUNCIL ACTION -DISCUSSION -VOTE Mayor Kirk called the November 6, 2001 Regular City Council Meeting to order at 6:00 p.m. Pastor Jaquith offered the invocation; Mayor Kirk led the pledge of allegiance. City Clerk Thomas called the roll: Present Present Present Present Present Present Present Present Absent Present Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the October 16, 2001 Regular Meeting; seconded by Council Member Williams. Mayor Kirk asked whetherthere were any requests forthe addition, deferral orwithdrawal of item's on today's agenda. There were none. 251 252 NOVEMBER 6, 2001 - REGULAR MEETING - PAGE 2 OF 8 AGENDA COUNCIL ACTION -`DISCUSSION - VOTE VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor III Mayor Kirk opened the public hearing for Ordinance adoption at 6:05 p.m. A.1.a) Motion to read by title only proposed Ordinance No. 782 Council Member Watford moved to read by title only proposed Ordinance No. 782 establishing procedures for establishing procedures for implementing the enforcement of codes implementing the enforcement of codes and ordinances by citation; seconded by Council Member Oliver. and ordinances by citation - City Attorney (Exhibit 1). A.1.b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. A.1.c) City Attorney to read proposed Ordinance No. 782 by title only. City Attorney read proposed Ordinance No. 782 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA ADOPTING AND ESTABLISHING ALTERNATIVE METHOD TO ENFORCE CITY CODES AND ORDINANCES, AS AUTHORIZED BY CHAPTER 162 (21-23) FLORIDA STATUTES; DESIGNATING CODE OFFICERS AS PROVIDED BY STATUTE; ESTABLISHING PROCEDURES FOR IMPLEMENTING THE ENFORCEMENT OF CODES AND ORDINANCES BY CITATION; CREATING SECTION 2-21 CODE OF ORDINANCES; SETTING FORTH PENALTIES AND PROCEDURES; PROVIDING FOR AN EFFECTIVE DATE." A.2.a) Motion to adopt Ordinance No. 782. III Council Member Oliver moved to adopt Ordinance No. 782; seconded by Council Member Chandler A.2.b) Public Comments. The Council discussed several concerns with code enforcement proposing the use of citations rather than continue with the current process. It was mentioned that there was an article in the Palm Beach Post explaining how St. Lucie County has had success with issuing citations. Attorney Cook and Administrator Veach explained that issuing citations will save time in correcting violations. They further explained that the proposed citations still have many details that need to be worked out, between now and January 2002, which is the proposed start date if approved for using the citations. Some Members of the Council felt that major and minor code violations should be treated differently. To ease their concerns, it was suggested that the violations which are called into the office be treated with the current process, with a time span of up to sixty days. Then issue citations to those obvious violations with a time span of approximately six days. It was suggested that the staff visit St. Lucie County to monitor their citation process and find out it works for them. The Council requested more information about the citation process. There was no further discussion. There was no public comment. NOVEMBER 6, 2001 - REGULAR MEETING - PAGE 3 OF 8 253 II AGENDA III COUNCIL ACTION = DISCUSSION -VOTE 11 VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A.2.c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VII. UNFINISHED BUSINESS. A. Discuss the scheduling of the November, 2001, December, 2001 and January, 2002 Regular Council Meetings - City Administrator (Exhibit 2). Vill. NEW BUSINESS. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - NAY WILLIAMS - YEA MOTION CARRIED. Mayor Kirk closed the public hearing at 6:23 p.m. After much discussion the Council Members concurred that they will meet on November 6, 2001, December 4, 2001 and January 15, 2002. It was suggested that should a meeting be necessary in addition to these dates a special meeting will be called. Administrator Veach told the Council that generally with just one meeting a month the agenda packets are pretty big and to be prepared. He noted that the exhibits to be submitted for the agenda need to be in by Monday week before the meeting. Administrator Veach reminded the Council of the lighting ceremony at the end of November and they will need to be present. There was no further comments from the Council. A.1a) Motion to read by title only and set December 4, 2001 as a public Council Member Oliver moved to read by title only and set December 4, 2001 as public hearing date, proposed hearing date, Ordinance No. 783 providing for alternative methods Ordinance No. 783 providing for alternative methods of code enforcement; seconded by Council Member Chandler. of code enforcement - City Attorney (Exhibit 3). A.1.b) Vote on motion to read by title only and set public hearing date. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 254 NOVEMBER 6, 2001 - REGULAR MEETING - PAGE 4 OF 8 AGENDA COUNCIL ACTION -'DISCUSSION - VOTE VIII. NEW BUSINESS CONTINUED. A.1.c) City Attorney to read proposed Ordinance No. 783 by title only, City Attorney read proposed Ordinance No. 783 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ARTICLE II, SECTIONS 2-15 TO SECTIONS 2-20 CODE OF ORDINANCES; PROVIDING FOR INCORPORATION OF ALTERNATIVE CODE ENFORCEMENT PROCEDURES; AMENDING DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." A.2.a) Motion to approve the first reading of proposed Ordinance No. 783. III Council Member Oliver moved to approve the first reading of proposed Ordinance No. 783; seconded by Council Member Chandler. A.2.b) Discussion. III Attorney Cook said the purpose for this is that the existing ordinance in the code book does not address the previous ordinance's method of collection, this would clean up the ordinance just approved. A.2.c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B.1.a) Motion to read by title only and set December 4, 2001 as a public Council Member Watford moved to read by title only and set December4, 2001 as final public hearing date, Ordinance hearing date, Ordinance No. 784 authorizing the imposition of non- No. 784 authorizing the imposition of non -ad valorem assessments for solid waste collection; seconded by Council ad valorem assessments for solid waste collection - City Attorney Member Chandler. (Exhibit 4). B.1.b) Vote on motion to read by title only and set public hearing date. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. BA.c) City Attorney to read proposed Ordinance No. 784 by title only. III City Attorney read proposed Ordinance No. 784 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA RELATING TO THE IMPOSITION OF NON AD -VALOREM ASSESSMENTS FOR NOVEMBER 6, 2001 - REGULAR MEETING - PAGE 5 OF 8 255 II AGENDA III COUNCIL ACTION -DISCUSSION -VOTE 11 Vill. NEW BUSINESS CONTINUED. B.1.c) City Attorney to read proposed Ordinance No. 784 by title only continued. B.2.a) Motion to approve the first reading of proposed Ordinance No, 784 B.2.b) Discussion. B.2.c) Vote on motion. C. Motion to adopt Resolution No. 01-14 appointing a code enforcement officer - City Attorney (Exhibit 5). IMPOSITION OF SOLID WASTE COLLECTION FEES WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF OKEECHOBEE, FLORIDA; AUTHORIZING THE IMPOSITION AND COLLECTION OF SOLID WASTE COLLECTION ASSESSMENTS AGAINST PROPERTY; PROVIDING CERTAIN DEFINITIONS; ESTABLISHINGA PROCEDURE FOR IMPOSING SOLID WASTE COLLECTION ASSESSMENTS; PROVIDING THAT SOLID WASTE COLLECTION ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF ASSESSMENT ROLL; PROVIDING THAT THE LIEN FOR A SOLID WASTE COLLECTION ASSESSMENT COLLECTED PURSUANT TO SECTIONS 197.3632 AND 197.3635, FLORIDA STATUTES, UPON PERFECTION SHALL ATTACH TO THE PROPERTY ON THE PRIOR JANUARY 1, THE LIEN DATE FOR AD VALOREM TAXES; PROVIDING THAT A PERFECTED LIEN SHALL BE EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS; IMPOSING INTERIM ASSESSMENTS; PROVIDING A PROCEDURE FOR COLLECTION OF SOLID WASTE COLLECTION ASSESSMENTS; PROVIDING A MECHANISM FOR THE IMPOSITION OF ASSESSMENTS ON GOVERNMENT PROPERTY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE." Council Member Watford moved to approve the first reading of proposed Ordinance No. 784 by title only with amendments to page 6 and page 16; seconded by Council Member Oliver. Attorney Cook indicated that there were misprints that needed to be corrected on page 6 and page 16. He explained the reason for the corrections were if not changed the wording would read as fire services and this Ordinance was for solid waste. The Council noted the changes. There was no further discussion. VOTE KIRK - YEA CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve and read by title only Resolution No. 01-14 appointing a code enforcement officer; seconded by Council Member Oliver. 256 NOVEMBER 6, 2001 - REGULAR MEETING - PAGE 6 OF 8 AGENDA. Vill. NEW BUSINESS CONTINUED. C. Motion to adopt Resolution No. 01-14 appointing a code enforcement officer continued. D. Motion to approve placement and purchase of fire hydrants for Southwest 71h Avenue and Southeast 9" Court for the proposed water lines - City Administrator (Exhibit 6). COUNCIL ACTION. DISCUSSION VOTE City Attorney read proposed Resolution No. 01-14 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE FLORIDA APPOINTING CODE ENFORCEMENT OFFICERS; PROVIDING FOR QUALIFICATIONS; PROVIDING FOR AUTHORITY OF OFFICER AND METHODS OF ENFORCEMENT; PROVIDING FOR AN EFFECTIVE DATE." Attorney Cook indicated that a misprint needed to be corrected on item 2 fourth line down, to be changed from "personnel director" to "City Clerk". The Council Members noted the correction. There was no further discussion. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS -YEA MOTION CARRIED. Council Member Williams moved to place five hydrants on two streets pursuant to the Chiefs recommendation; seconded by Council Member Chandler. There was some discussion from the Council about the need for the extra hydrants. Fire Chief Tomey explained that he wants more hydrants on Southeast 91h Avenue, there are more residences, higher population and more risk of structure fire. He wants to locate one at Southeast 11" Street and Southeast 91h Avenue; Southeast 14th Street and Southeast 9" Drive; Southeast 151h Street and Southeast 91h Avenue. Also on Southwest 71h Avenue and Southwest 14" Street; and place the fifth hydrant about 700 to 800 feet North of the one at Southwest 7" Avenue and Southwest 14th Street. It was determined that funding for this at budget time was put in under Public Facility. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. NOVEMBER 6, 2001 - REGULAR MEETING - PAGE 7 OF 8 AGENDA COUNCIL ACTION,- DISCUSSION - VOTE VIII. NEW BUSINESS CONTINUED. E. Motion to authorize payment to ACS for the trash collection/tax roll Council Member Watford moved to authorize payment to ACS for sixteen thousand, one hundred ninety dollars conversion services and software in the amount of $16,190.00 - City ($16,190.00) for trash collection/tax roll conversion services and software; seconded by Council Member Oliver and Administrator (Exhibit 7). 1 Council Member Chandler. There was a brief discussion from the Council about the cost and whether it was anticipated. It was noted that the actual cost was less than originally estimated. This is an existing system and will continue to be maintained by the company, we are just using their services. This fee will be broken down to monthly payments of four hundred eighty dollars ($480.00) for as long as the trash collection fees will be paid in connection with property taxes. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. F) Motion to award a Finance Institution Bid regarding the 2001/2002 III Council Member Williams moved to go with Kislak three thousand dollars per car per year; seconded by Council Police Car Leasing Program - City Administrator (Exhibit 8). Member Chandler. Council Member Watford abstained from voting. There was no discussion. * Council Member Watford completed Form 8B - Memorandum of Voting Conflict for Public Officials. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - ABSTAINED WILLIAMS - YEA MOTION CARRIED. 257 258 NOVEMBER 6, 2001 - REGULAR MEETING - PAGE 8 OF 8 VIII. NEW BUSINESS CONTINUED. F) Motion to award a Vehicle Bid regarding the 2001 /2002 Police Car Council Member Williams moved that we award a vehicle bid regarding the 2001 /2002 police car leasing program to Leasing Program - City Administrator (Exhibit 8). Okeechobee Motor Company in the amount of nineteen thousand, five hundred, fifty dollars ($19,550.00) per carwith vinyl rear seats; seconded by Council Member Oliver. Administrator Veach informed the Council that the City solicited bids from four dealerships and received a bid back from only one. He further explained that we participate in the State Sheriffs Association, (the State bid price) and Okeechobee Motors beat that cost as well. Council Member Watford abstained from voting. There was no discussion. * Council Member Watford completed Form 8B - Memorandum of Voting Conflict for Public Officials. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - ABSTAINED WILLIAMS - YEA MOTION CARRIED. IX. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION There being no further items on the agenda, Mayor Kirk adjourned the meeting at 6:50 p.m. MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ATTEST: James E. Kirk, Mayor Bonnie S. Thomas, CIVIC, City Clerk IV. CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING - November 6, 2001 HANDWRITTEN MINUTES CALL TO ORDER: - Mayor: Kirk November 6 2001 City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation offered by Pastor Al Jaguith Pledge of Allegiance led by Mayor Kirk MAYOR, COUNCIL AND STAFF ATTENDANCE - Clerk Thomas. Present Absent Mayor Kirk Council Member Chandler Council Member Oliver Council Member Watford Council Member Williams Attorney Cook Administrator Veach City Clerk Thomas Deputy Clerk Gamiotea Office Assistant Arnold MINUTES - City Clerk. Page -I- A. Council Membei� moved to dispense with the reading andRpprpve the Summary of Council Action for the October 16, 2001 Regular Meeting; seconded by Council Member C GIb VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER <, OLIVER WATFORD WILLIAMS otion arr' d - Denied. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. `yr� VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor A.1. a) Council Member ' 6t moved to read by title only proposed Ordinance No. 782 establishing procedures for implementi a enforcement of codes and ordinances by citation - City Attorney (Exhibit 1); seconded by Council MembeW— b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motion 6a�iqd - Denied. Page -2- c) City Attorney to read proposed Ordinance No. 782 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA ADOPTING AND ESTABLISHING ALTERNATIVE METHOD TO ENFORCE CITY CODES AND ORDINANCES, AS AUTHORIZED BY CHAPTER 162 (21-23) FLORIDA STATUTES; DESIGNATING CODE OFFICERS AS PROVIDED BY STATUTE; ESTABLISHING PROCEDURES FOR IMPLEMENTING THE ENFORCEMENT OF CODES AND ORDINANCES BY CITATION; CREATING SECTION 2-21 CODE OF ORDINANCES; SETTING FORTH PENALTIES AND PROCEDURES; PROVIDING FOR AN EFFECTIVE DATE." A.2.a) Council Member t.' moved t dopt 6rdinance No. 782 seconded by Council Member. b) Public Comments. �C,U / } �� ,_L�vz �.y�17/.i'7� `_'�Z !i't(�• ��z � �,/ � �-_ //�-6��c f L� (I,-i,��Uf/.�.` (.�•��--t.�� s'�� '`�'L<'i. �.'��t�r .�!"��i /�-f.% ��.(�i:—� 1. ��1. 1vr--, �<�' .by��%.LR i�-x-' , �{;�_—r�_l•_ri.c"iJ 5 , �"•Y � �L -� C � r✓ C.-<--?/ii—'L�Gr_/� `� l ��I �.. �.k �/ ! �j'�%�L.C� 1k/ �...�LJ �� • l.� GL�9 � �. �4:� r'� ''t��•!_�r?•--2•.'., �'�-s� '^'��."iJ'� �iC�`'----si`-+ Q 1.�%-'L�'�'_-�_..., �. �.f'li� �✓'� r r d ,/� � �`-t-x `�e �-t� `•�7�.��ik'2�c.� / � Z,` -� ��x� t-�:..E%j�-z..�. `z� �--z--�--� � �--rf ^ 7 -17 �� , i �. � -�.-C ��`TM"� / `� G:-� /��r�G�2.,�� — �� : �� c�� •..-;lam-r°;.�--z�r --- � y��ZG-Z� y� %�� u ��'!''i ^— { ".��T�_-t��'; ' ire � �-e('Y �~'� � C:'„-z"!/t �',G�—I1� j �v� ��G�'i��%�;�.-� `) �J .: � I r v/ i .q �',. t v�—�.,-�' �z �v , :.-G _,Q�y . � ?_,.''i"✓..zi"--•�Tc �../,�/� ./�� G.2 ' r—�C I � �� V L f i ,� (� ---�.. �j ,� �� ,� �x �� / � ,, U Page -3- c) Vote on motion, VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motion ied - Denied. CLOSE PUBLIC HEARIN -Mayor ; Vll. UNFINISHED BUSINESS.''"�&C`^ A.) Discussion of the scheduling for the Novem er, 2001, December, 2001 and January, 2002 Regular Council Meeting - City Administrator (Exhibit 2). f � � -- _..._. Vill. NEW BUSINESS. A.1.a.) Council Member moved to read by title only proposed Ordinance No. 783 providing for alternative methods of code enforce nrrfe t -City Attorney (Exhibit 3); seconded by Council Member . b) Vote on motion to read by title only and set public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS c) a) Page -4- Mgtion arr' d -Denied. City Attorney to read propose title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING ARTICLE ll, SECTIONS 2-15 TO SECTIONS 2-20 CODE OF ORDINANCES; PROVIDING FOR INCORPORATION OF ALTERNATIVE CODE ENFORCEMENT PROCEDURES; AMENDING DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." IF Council Mercer_ moved to approve the first readin .ofproposed Ordinance No Member ./ -) I -�. b) Discussion,- . 78 ,�se onde�y �ouncil • Page -5- c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motio Carried — Denied. B.1. a) Council Member moved to read by title only and set ublic hearing date, Ordinance authorizing the imposition of n -ad valorem assessments or solid waste collection - City Attorney (Exhibit 4); seconded by Council Membe. b) Vote on motion to read by title only and set public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER - WATFORD WILLIAMS '', Motion rri�d — Denied. j City Attorney to read proposed only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA RELAT NG It THE IMPOSITION OF NON AD -VALOREM ASSESSMENTS FOR IMPOSITION OF SOLID WASTE COLLECTION FEES WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF OKEECHOBEE, FLORIDA; AUTHORIZING THE IMPOSITION AND COLLECTION OF SOLID WASTE COLLECTION rz ASSESSMENTS AGAINST PROPERTY; PROVIDING CERTAIN DEFINITIONS; ESTABLISHING A PROCEDURE FOR IMPOSING SOLID WASTE COLLECTION ASSESSMENTS; PROVIDING THAT SOLID WASTE COLLECTION ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF ASSESSMENT ROLL; PROVIDING THAT THE LIEN FOR A SOLID WASTE COLLECTION ASSESSMENT COLLECTED PURSUANT TO SECTIONS 197.3632 AND 197.3635, FLORIDA STATUTES, UPON PERFECTION SHALL ATTACH TO THE PROPERTY ON THE PRIOR JANUARY 1, THE LIEN DATE FOR AD VALOREM TAXES; PROVIDING THAT A PERFECTED LIEN SHALL BE EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS; IMPOSING INTERIM ASSESSMENTS; PROVIDING A PROCEDURE FOR COLLECTION OF SOLID WASTE COLLECTION ASSESSMENTS; PROVIDING A MECHANISM FOR THE IMPOSITION OF ASSESSMENTS ON GOVERNMENT PROPERTY; PROVIDING FOR SEVERABILITY; AND # PROVIDING AN EFFECTIVE DATE." Council Member Z,, moved to a rov he first readin o ro ose rdinance No. 784 b title onl • seconded • pp g p p eco ded by Council Members b) Discussion. • • c) Vote on motion. Page -6- VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motio Car 'ed - Denied. Amon ' Alai Mir C) Council Member O � moved to read b ' title only Res I ion o_ 04 appointing a code enforcement officer - City Attorney (Exhibit 5); seconded by Council Member 5 G Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER � OLIVER WATFORD WILLIAMS Motion C�rrie Denied. G' Page -7- City Attorney to read propose y title only as follows:" A. RESOLUTION OF THE CITY OF OKEECHOBEE FLORIDA APPOINTING CODE ENFORCEMENT OFFICERS; PROVIDING FOR QUALIFICATIONS; PROVIDING FOR AUTHORITY OF OFFICER AND METHODS OF ENFORCEMENT; PROVIDING FOR AN EFFECTIVE DATE." Discussion: VOTE YEA NAY ABSTAIN ABSENT KIRK l CHANDLER OLIVER WATFORD WILLIAMS i Moti n Carrie Denied./ D) Council Member l Z moved to approve place nt andpurchase of fire hydrants for South est 7'h Avenue and Southeast 9'h Court for the proposed water lines ;f ;Ry A4ministrator (Exhibit 6); seconded by Council Member 7 1 f 6eO 4-r-L1 X1 1 M VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Moti Car 7Denied. E) Council Member �� moved to authorize payment to ACS for the trash collection/tax roll conversion services and software in the amount of $16,190.00 - City Attorney (Exhibit 7), seconded by Council Member�i� :�I( �''' C ��- .,(� �2�`'"' 1.�, � �--��C<''-� � �t--few � i � j ^ �' , � � -�-� � l/ � . - � :,. //) � .. a s.. ,.r � � , �� ,�� _ n U Discussion: Page -9- VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER? OLIVER WATFORD WILLIAMS Motio Car — Denied. i F) Council Member 61 moved to award a Finance Institution Bid regarding the 2001/2002 Police Car Leasing Program -/City Administrator (Exhibit 8); seconded by Council Member—_. Discussion:.L��. ��(,7 ?— Page -10- VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER/ WATFORD WILLIAMS Motion(affied — Denied. /1 G) Council Member L`G moved to award a Vehicle Bid re r ing the 2001 /2002 Police Car Leasing Program - City Administrator (Exhibit 9); seconded by Council Member. sL Discussion: ` S_. 5 Page -11- VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAM ;otion rrj�d - Denied. IX. ADJOURN MEETING - Mayor. Council Member moeed to adjourn the meeting. Council Member - -- seconded the motion. Mayor Kirk adjourned fli tng a p.m. —� 0 E Page -1- CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING - November 6, 2001 HANDWRITTEN MINUTES CALL TO ORDER: - Mayor: Kirk November 6 2001 City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Al Jaguith Pledge of Allegiance led by Mayor Kirk III. MAYOR, COUNCIL AND STAFF ATTENDANCE - Clerk Thomas. Present Absent Mayor Kirk �- Council Member Chandler Council Member Oliver Council Member Watford Council Member Williams Attorney Cook Administrator Veach City Clerk Thomas Deputy Clerk Gamiotea Office Assistant Arnold IV. MINUTES - City Clerk. A. Council Member kf C- moved to dispense with the reading and approve the Summary of Council Action for the October 16, 2001 Regular Meeting; seconded by Council Member C: I•t.J VOTE KIRK CHANDLER OLIVER WATFORD WILLIAMS Motion Carrie Denied. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. — u� VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor (4 O y P.lh . . A. 1. a) Council Member b 0 moved to read by title only proposed Ordinance No. 782 establishing procedures for implementing the enforcement of codes and ordinances by citation - City Attorney (Exhibit 1); seconded by Council Member---?,�. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN KIRK CHANDLER OLIVER WATFORD WILLIAMS Motion rrie - Denied. .� • maq�,�n t),-Q vfv\,�� +f) -f r) 0-c mil' �+�o "lei 4 d-Y, C4 E • Page -2- c) City Attorney to read proposed Ordinance No. 782 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA ADOPTING AND ESTABLISHING ALTERNATIVE METHOD TO ENFORCE CITY CODES AND ORDINANCES, AS AUTHORIZED BY CHAPTER 162 (21-23) FLORIDA STATUTES; DESIGNATING CODE OFFICERS AS PROVIDED BY STATUTE; ESTABLISHING PROCEDURES FOR IMPLEMENTING THE ENFORCEMENT OF CODES AND ORDINANCES BY CITATION; CREATING SECTION 2-21 CODE OF ORDINANCES; SETTING FORTH PENALTIES AND PROCEDURES; PROVIDING FOR AN EFFECTIVE DATE." A.2.a) Council Member T:;, 0 moved to adopt Ordinance No. 782 seconded by Council Member �. b) Public Comments. V\,� rv4v-�, - ju-�, y A4 - e,-,,,-k . oh qtl-e� ffn� Alll� 1�a - de-� au\-� 4o uc� � �a ✓v�.� 12e TIVNID u ea -CA - " - Q�" �4� 4W Page -3- c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD x WILLIAMS Motiorqarried Denied. CLOSE PUBLIC HEARING - Mayor ; 0 3bO VII. UNFI HED BUSIN S. e,� ?A -At — A.) Discussion of the scheduling for the November, 2001, December, 2001 and January, 2002 Regular Council Meeting - City Administrator (Exhibit 2). QD . -- 6A� 6A� C> %q�-u J0 LZ okj j o"� mvv e'd'u VIII. NEW BUSINESS. A.1.a.) Council Member �,�_ moved to read by title only proposed Ordinance No. 783 r viding for alternative methods of code enforcement - City Attorney (Exhibit 3); seconded by Council Member, 0 Page -4- b) Vote on motion to read by title only and set public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Moti arrie — Denied. C) City Attorney to read proposed Ordinance No. 783 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ARTICLE II, SECTIONS 2-15 TO SECTIONS 2-20 CODE OF ORDINANCES; PROVIDING FOR INCORPORATION OF ALTERNATIVE CODE ENFORCEMENT PROCEDURES; AMENDING DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Cb) Council McUber moved to approve the first reading of proposed Ordinance No. 783; seconded by Council Member �4 Q, Discussion. 9 • Page -5- c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motion �arrie-Denied. B.1. a) Council Member b_�) moved to read by title only and set December4, 2001 as a public hearing date, Ordinance No. 784 authorizing the imposition of n n-ad valorem assessments for solid waste collection - City Attorney (Exhibit 4); seconded by Council Member kc, . b) Vote on motion to read by title only and set public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motio arrie - Denied. c) City Attorney to read proposed Ordinance No. 784 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA RELATING TO THE IMPOSITION OF NON AD -VALOREM ASSESSMENTS FOR IMPOSITION OF SOLID WASTE COLLECTION FEES WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF OKEECHOBEE, FLORIDA; AUTHORIZING THE IMPOSITION AND COLLECTION OF SOLID WASTE COLLECTION ASSESSMENTS AGAINST PROPERTY; PROVIDING CERTAIN DEFINITIONS; ESTABLISHING A PROCEDURE FOR IMPOSING SOLID WASTE COLLECTION ASSESSMENTS; PROVIDING THAT SOLID WASTE COLLECTION ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF ASSESSMENT ROLL; PROVIDING THAT THE LIEN FOR A SOLID WASTE COLLECTION ASSESSMENT COLLECTED PURSUANT TO SECTIONS 197.3632 AND 197.3635, FLORIDA STATUTES, UPON PERFECTION SHALL ATTACH TO THE PROPERTY ON THE PRIOR'JANUARY 1, THE LIEN DATE FOR AD VALOREM TAXES; PROVIDING THAT A PERFECTED LIEN SHALL BE EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS; IMPOSING INTERIM ASSESSMENTS; PROVIDING A PROCEDURE FOR COLLECTION OF SOLID WASTE COLLECTION ASSESSMENTS; PROVIDING A MECHANISM FOR THE IMPOSITION OF ASSESSMENTS ON GOVERNMENT PROPERTY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE," 2.a) Council Member h L0 moved to approve the first reading of proposed Ordinance No. 784 by title only; seconded by Council Member_. b) Discussion. ar Q" v.�.�.. any �t -�� h&61? • • ub „- c) Vote on motion. VOTE KIRK CHANDLER OLIVER WATFORD WILLIAMS Page -6- C) Council Member bk) moved to read by title only Resolution No. 01-14 appointing a code enforcement officer - City Attorney (Exhibit 5); seconded by Council Member_, Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS 0 aaau�4, O/—/(/ Page -7- City Attorney to read proposed &129W No.494-by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE FLORIDA APPOINTING CODE ENFORCEMENT OFFICERS; PROVIDING FOR QUALIFICATIONS; PROVIDING FOR AUTHORITY OF OFFICER AND METHODS OF ENFORCEMENT; PROVIDING FOR AN EFFECTIVE DATE." Discussion: U� VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motion `(_arriecj/- Denied. D) Council Member moved to approve placement and purchase of fire hydrants for Southwest 7" Avenue and Sou#hneast 9 Court for the proposed water lines - City Administrator (Exhibit 6); seconded by Council Member Q p. w' vU4 P • Page -8- Discussion: 0,,1n�. 40-��,,tt� 6,6 VOTE KIRK CHANDLER OLIVER WATFORD WILLIAMS -)9o-803- P22-4- E) Council Member NJ moved to authorize payment to ACS for the trash collection/tax roll con ion services and software in the amount of $16,190.00 -City Attorney (Exhibit 7); seconded by Council Member 1�(f2 %(C . l' Page -9- Discussion: Lam- �D, o� 80 a VOTE KIRK CHANDLER OLIVER WATFORD WILLIAMS 'YA NAY ABSTAIN ABSENT Moti rrie — Denied. 1�.� 3( 6"Lo P-U f-111" F) Council Member C t) moved to award a Finance Institution Bid regardin the 2001/2002 Police Car Leasing Program - City Administrator (Exhibit 8); seconded by Council Member Discussion: • • VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD k WILLIAMS Mo p Page -10- arrie enied. 4� G) Council Member moved to award a \ehicle Bid arding the 2001/2002 Police Car Leasing Program -City Administrator (Exhibit 9); seconded by Council Member.' Discussion: . rj uk\� 0-,.e &"� <3"� lst6� Z4. • Page -11- VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD x WILLIAMS Moti arrie - Denied. IX. ADJOURN MEETING - Mayor Council Member moved to adjourn the meeting. Council Member seconded the motion. Mayor Kirk adjourned the meeting at 44 P.M. CITY OF OKEECHOBEE NOVEMBER 6, 2001 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE I OF 3 I. CALL TO ORDER - Mayor: November 6, 2001, City Council Regular Meeting, 6:00 p.m. • II. OPENING CEREMONIES: Invocation offered by Pastor Al Jaquith; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the October 16, 2001 Regular Meeting. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. NOVEMBER 6, 2001 - CITY COUNCIL AGENDA - PAGE 2 OF 3 VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.La) Motion to read by title only proposed Ordinance No. 782 establishing procedures for implementing the enforcement of codes and ordinances by citation - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 782 by title only. 2.a) Motion to adopt Ordinance No. 782. b) Public Comments. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VII. UNFINISHED BUSINESS. A. Discuss the scheduling of the November, 2001, December, 2001 and January, 2002 Regular Council Meetings - City Administrator (Exhibit 2). VIII. NEW BUSINESS. A.La) Motion to read by title only and set December 4, 2001 as a public hearing date, Ordinance No. 783 providing for alternative methods of code enforcement - City Attorney (Exhibit 3). b) Vote on motion to read by title only and set public hearing date. e) City Attorney to read proposed Ordinance No. 783 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 783. b) Discussion. 0 Vote on motion. NOVEMBER 6, 2001 - CITY COUNCIL AGENDA - PAGE 3 OF 3 VIII. NEW BUSINESS CONTINUED. B.1.a) Motion to read by title only and set December 4, 2001 as a public hearing date, Ordinance No. 784 authorizing the imposition of non - ad valorem assessments for solid waste collection - City Attorney (Exhibit 4). b) Vote on motion to read by title only and set public hearing date. c) City Attorney to read proposed Ordinance No. 784 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 784. b) Discussion. c) Vote on motion. C. Motion to adopt Resolution No. 01-14 appointing a code enforcement officer - City Attorney (Exhibit 5). D. Motion to approve placement and purchase of fire hydrants for Southwest 7' Avenue and Southeast 9`h Court for the proposed water lines - City Administrator (Exhibit 6). E. Motion to authorize payment to ACS for the trash collection/tax roll conversion services and software in the amount of $16,190.00- City Administrator (Exhibit 7). F. Motion to award a Finance Institution Bid regarding the 2001/2002 Police Car Leasing Program - City Administrator (Exhibit 8). G. Motion to award a Vehicle Bid regarding the 2001/2002 Police Car Leasing Program - City Administrator (Exhibit 8). IX. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk • • ExHIBIT 1 NOMMER 6 AGENDA ORDINANCE NO. 782 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA ADOPTING AND ESTABLISHING ALTERNATIVE METHOD TO ENFORCE CITY CODES AND ORDINANCES, AS AUTHORIZED BY CHAPTER 162 (21-23) FLORIDA STATUTES; DESIGNATING CODE OFFICERS AS PROVIDED BY STATUTE; ESTABLISHING PROCEDURES FOR IMPLEMENTING THE ENFORCEMENT OF CODES AND ORDINANCES BY CITATION; CREATING SECTION 2-21 CODE OF ORDINANCES; SETTING FORTH PENALTIES AND PROCEDURES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the enforcement of City codes and ordinances serves a legitimate public service; protects the rights and responsibilities of all citizens of the City of Okeechobee, and enacting enforcement procedures is a valid municipal function; and WHEREAS, to be effective and meaningful, the enforcement of codes and ordinances must be performed in a timely manner, and should provide for penalties likely to discourage offenders and repeat offenders; and WHEREAS, the citing of offenders, and the use of existing code board procedures to enforce codes and ordinances, remains an effective means for the City of Okeechobee, but alternative methods of enforcement will enhance the ability of the City to enforce its codes and ordinances; NOW, THEREFORE, be it ordained by the City Council for the City of Okeechobee, Florida, at public hearing and by majority vote of the City Council: Section 2-21 Supplemental Method of Enforcement. 1. THAT the City of Okeechobee, Florida adopts the procedures set forth in Florida Statutes 162.21; 162.22 and 162.23 as an alternative method of enforcement of codes and ordinances within the City, and incorporates said Statutes, and as hereafter amended by the Florida Legislature, into this ordinance. 2. THAT the City of Okeechobee, Florida shall adopt and obtain a standard form of citation for use in code and ordinance violations which shall include those provisions set out in Section 162.21(3)(c), and such other information as deemed necessary by the City Administrator. 3. THAT the City of Okeechobee, Florida shall designate, by separate resolution from time to time as necessary, those persons within the City who may act as Code Enforcement Officers on behalf of the City, which persons may be, but are not limited to, Law Enforcement Officers; Animal Control Officers; Fire Safety Inspectors; Code Officers. 4. THAT although this alternative method of code and ordinance enforcement pertains to each and every code and ordinance of the City, the City of Okeechobee, Florida reserves the right, by separate resolution from time to time as deemed appropriate, designate specific violations and schedule of penalties therefore, for the issuance of citations, as permitted by Florida Statue 162.21(5), but that this method of enforcement shall not be employed Page 1 of 3 • • to enforce any violations that may arise under Florida Statutes Section 553.73; 553.79 and 553.80. 5. THAT the procedures for implementation of this method of enforcement shall include: a. That the use of uniform citations for enforcement of violations of any City code or ordinance shall be limited to civil infractions. b. The maximum penalty for violation of any code or ordinance is the sum of $500.00 per violation. C. The person(s) designated as Code Officers for the issuance of citations hereunder is authorized to do so if such officer has reasonable cause to believe that a person has committed an act in violation of a code or ordinance. d. Prior to issuing a citation, the Code Officer shall provide written notice to the alleged violator of the violation of a code or ordinance, and allow a period, depending on the circumstances and severity of the violation, and the reasonable discretion of the officer, no less than 5 days but not to exceed 30 days in which to correct the violation. If, after such period the Code Officer determines that the violation is not corrected, a citation may then be issued to the violator. e. An opportunity to correct the violation need not be provided by the Code Officer in the event the Code Officer determines that the alleged violator is a repeat violator, or that the nature of the violation is such that the Code Officer has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or that the violation is irreparable or irreversible in nature, in which case a citation may be immediately issued. A repeat violator shall not be afforded the opportunity to pay a citation in order to avoid a court appearance. f. The citation shall include a notice to appear in the County Court on the violation at a specified date, place and time, and if the alleged violator fails to pay the assessed penalty on the citation or to appear in County Court, a judgment may be entered against the violator for an amount up to the maximum civil penalty. g. The person(s) issued a citation under this procedure has the absolute right to appear and contest the citation in County Court, Okeechobee County, Florida. h. If the alleged violator elects to not contest the violation, and is not a repeat violator as defined by Chapter 162, Florida Statutes, such person may, prior to the date the person is set to appear in court, (i) notify the Code Officer to conduct an inspection that the violation is corrected; and (ii) pay a civil penalty to the clerk of court in such sum as is set forth on the citation, plus any fees charged by the Clerk. Thereupon, the citation shall be dismissed without court appearance. SEVERABIU'ry. If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect. Page 2 of 3 • • Effective Date. The effective date for the enactment of this Ordinance shall be immediately upon its passage. INTRODUCED for first reading and set for final public hearing this 16t' day of October, 2001. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 6 th of November, 2001. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 3 of 3 • • EXHIBIT 2 NOVEZYMER 6 AGENDA S M T W T F S 1 2 3 4 5 6 7 8 9 10 Regular Council Meeting 11 1 13 14 15 16 17 Veterans Code Day Enforcem't Board Meeting 18 19 20 21 3 24 Thanksgiving Holiday 25 26 27 28 29 30 PB/BOA/ LPA Meetings i i S M T W� T F S 1 2 3 4 5 6 7 8 Regular Council Meeting 9 10 11 12 13 14 15 Code Enforcem't Board Meeting 16 17 18 19 20 21 I 22 23 4 5 26 27 28 29 Christmas Christmas Eve - Holiday 30 31 m T W T F 110 2 3 4 5 New Years 6 7 8 9 10 11 12 Code Enforcem't Board Meeting 13 14 15 16 17 18 19 Regular Council Meeting 20 21 22 23 24 25 26 PS/BOA/LPA Meetings 27 28 29 30 31 N O • • ExxisiT 3 Novm-MER 6 AGENDA ORDINANCE NO. 783 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ARTICLE II, SECTIONS 2-16 TO SECTIONS 2-20 CODE OF ORDINANCES; PROVIDING FOR INCORPORATION OF ALTERNATIVE CODE ENFORCEMENT PROCEDURES; AMENDING DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article II, Section 2-15 of the Code of Ordinances provides for certain Code Enforcement procedures as permitted by Florida Statutes Chapter 162; and WHEREAS, the existing codes do not contain language to address alternative methods of Code Enforcement as provided by Chapter 162; and WHEREAS, certain definitions in the code as well as language to update the section is necessary to comply with Ordinance Number 782 recently enacted by the City to provide for alternative methods of Code Enforcement; THEREFORE, be it ordained by the City of Okeechobee, Florida that Article II, Sections 2-15 to 2-20 of the Code of Ordinances be amended in the following respects: Section 2-16. Definitions. As used in this part, the terms: (1) (no change) (2) Code Inspector means any authorized agent or employee of the City of Okeechobee who is appointed by Resolution of the City, and who serves at the terms set by, and at the pleasure of, the City Council, and whose duty it is to assure code compliance, cause issuance of notices, code violation notices, citations to appear in court; to inspect properties for compliance; to appear and present code violations to the Code Enforcement Board or to the County Court; and such other duties as prescribed from time to time by the City. (3) (no change) (4) (no change) (5) Repeat violator means a violation of a provision of a code or ordinance by a person who has been previously found through a Code Enforcement Board, or any other quasi-judicial or court proceeding to have violated or who has admitted violating the same provision within 5 years prior to the violation, notwithstanding the violations should occur at different locations or properties of the violator. Section 2-20. Effect of no violation. In the event any alleged violator should appear or contest the violation through the Code Enforcement Officer, before the Code Enforcement Board, or before the County Court, and the Board or County Court should find as a matter of law and fact from the evidence or witnesses presented by the Code Enforcement Officer representing the City at such hearing, that no violation occurred by the alleged violator, then no administrative charge or expense as provided herein shall be Page 1 of 2 ExazsiT 4N NOV 1-MER 6 AGENDA ORDINANCE NO. 784 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; RELATING TO THE IMPOSITION OF NON AD - VALOREM ASSESSMENTS FOR IMPOSITION OF SOLID WASTE COLLECTION FEES WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF OKEECHOBEE FLORIDA; AUTHORIZING THE IMPOSITION AND COLLECTION OF SOLID WASTE COLLECTION ASSESSMENTS AGAINST PROPERTY; PROVIDING CERTAIN DEFINITIONS; ESTABLISHING A PROCEDURE FOR IMPOSING SOLID WASTE COLLECTION ASSESSMENTS; PROVIDING THAT SOLID WASTE COLLECTION ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF ASSESSMENT ROLL; PROVIDING THAT THE LIEN FOR A SOLID WASTE COLLECTION ASSESSMENT COLLECTED PURSUANT TO SECTIONS 197.3632 AND 197.3635, FLORIDA STATUTES, UPON PERFECTION SHALL ATTACH TO THE PROPERTY ON THE PRIOR JANUARY 1, THE LIEN DATE FOR AD VALOREM TAXES; PROVIDING THAT A PERFECTED LIEN SHALL BE EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY, DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS; IMPOSING INTERIM ASSESSMENTS; PROVIDING A PROCEDURE FOR COLLECTION OF SOLID WASTE COLLECTION ASSESSMENTS; PROVIDING A MECHANISM FOR THE IMPOSITION OF ASSESSMENTS ON GOVERNMENT PROPERTY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF OKEECHOBEE, FLORIDA: ARTICLE I INTRODUCTION SECTION 1.01. DEFINITIONS. As used in this Ordinance, 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 2.08 hereof, establishing the rate at which a Solid Waste Collection Assessment for a specific Fiscal Year will be computed. The Final Assessment Resolution shall constitute the Annual Rate Resolution for the initial Fiscal Year in which a solid waste collection 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 solid waste collection services, programs or facilities identified in the Initial Assessment Resolution or a subsequent Preliminary Rate Resolution. "Assessment Roll" means the special assessment roll relating to a Solid Waste Collection Assessment approved by a Final Assessment Resolution pursuant to Section 2.06 hereof or an Annual Rate Resolution pursuant to Section 2.08 hereof. "Council" means the CITY COUNCIL of Okeechobee, Florida. "Building" means any structure, whether temporary or permanent, built for support, shelter or enclosure of persons, chattel, or property of any kind, including mobile homes. This term shall include the use of land in which lots or spaces are offered for use, rent or lease for the placement of mobile homes, travel trailers, or the like for residential purposes. "Building Department" means the administrative office of the City designated by the Council to collect interim solid waste collection Assessments, or such office's designee. "Building Permit" means an official document or certificate issued by the City, under the authority of ordinance or law, authorizing the construction or siting of any building within the City. The term "Building Permit" shall also include set up or tie down permits, or their functional equivalent, for those structures or Buildings, such as a mobile home, that do not require a Building Permit in order to be constructed. "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 or tie down permit or its equivalent issued for a mobile home shall be considered a Certificate of Occupancy. "Clerk" means the Clerk for the City of Okeechobee, Florida, as ex-officio Clerk of the CITY COUNCIL and such other person as may be duly authorized to act on his or her behalf. "City" means City of Okeechobee, Florida. 2 u "City Administrator" means the chief administrative officer of the City, designated by the CITY COUNCIL to be responsible for coordinating the SOLID WASTE COLLECTION ASSESSMENTS, or such person's designee. "Final Assessment Resolution" means the resolution adopted by the City Council as Resolution Number 01-8 as amended, as described in Section 2.06 hereof which shall confirm, modify, or repeal the Initial Assessment Resolution and which shall be the final proceeding for the initial imposition of SOLID WASTE COLLECTION ASSESSMENTS. "Administrative costs" Are those costs associated with the structure, implementation, collection, and enforcement of the SOLID WASTE COLLECTION ASSESSMENTS, including any service charges of the Tax Collector or Property Appraiser and amounts necessary to off -set discounts received for early payment of SOLID WASTE COLLECTION ASSESSMENTS pursuant to the Uniform Assessment Collection Act or for early payment of SOLID WASTE COLLECTION ASSESSMENTS collected pursuant to Section 3.02 herein; a reasonable amount for contingency and anticipated delinquencies and uncollectible SOLID WASTE COLLECTION ASSESSMENTS; and 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 Solid Waste 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 city, a special district or a municipal corporation. "Initial Assessment Resolution" means the resolution described in Section 2.02 hereof which shall be the initial proceeding for the identification of the Solid Waste Assessed Cost for which an assessment is to be made and for the imposition of a solid waste assessment. 3 "Maximum Assessment Rate" means the highest rate of a Solid Waste Assessment established by the CITY COUNCIL in an Initial Assessment Resolution or Preliminary Rate Resolution and confirmed by the CITY COUNCIL in the Final Assessment Resolution or Annual Rate Resolution. "Ordinance" means this Solid Waste Assessment Ordinance, as amended from time -to -time. "Owner" means the Person reflected as the owner of Assessed Property on the Tax "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 2.08 hereof initiating the annual process for updating the Assessment Roll and directing the reimposition of SOLID WASTE COLLECTION ASSESSMENTS pursuant to an Annual Rate Resolution. "Property Appraiser" means the Okeechobee County Property Appraiser. "Tax Collector" means the Okeechobee County Tax Collector. "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. SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Ordinance; and the term "hereafter" means after, and the term "heretofore" means before, 4 the effective date of this Ordinance. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained, determined, and declared that: (A) Pursuant to Article VIII, Section 1, Florida Constitution, and Chapter 166 Florida Statutes, the CITY COUNCIL has all powers of local self-government to perform City functions and to render City services in a manner not inconsistent with law, and such power may be exercised by the enactment of City ordinances. (B) The purpose of this Ordinance is to (1) provide procedures and standards for the imposition of City SOLID WASTE COLLECTION ASSESSMENTS under the general home rule powers of a City to impose special assessments; (2) authorize a procedure for the funding of solid waste 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 City's consolidated solid waste services program. (C) The annual SOLID WASTE COLLECTION ASSESSMENTS, to be imposed using the procedures provided in this Ordinance, shall constitute non -ad valorem assessments within the meaning and intent of the Uniform Assessment Collection Act. (D) The SOLID WASTE COLLECTION ASSESSMENTS to be imposed using the procedures provided in this Ordinance are imposed by the CITY COUNCIL, not the Clerk, Property Appraiser or Tax Collector. The duties of the Clerk, Property Appraiser and Tax Collector under the provisions of this Ordinance and the Uniform Assessment Collection Act are ministerial. SECTION 1.04. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT. It is hereby ascertained and declared that the solid waste services, facilities, and programs provide a special benefit to property because solid waste services possess a logical relationship to the use and enjoyment of improved property by: (1) protecting the value and integrity of improvements, structures and land through the provision of solid waste services; (2) protecting the life and safety of intended occupants in the use and enjoyment 5 0 of property; and (3) lowering the cost of fire insurance by the presence of a professional and comprehensive solid waste services program within the City. ARTICLE 11 ANNUAL SOLID WASTE COLLECTION ASSESSMENTS SECTION 2.01. GENERAL AUTHORITY. (A) The CITY COUNCIL is hereby authorized to impose an annual Solid Waste Assessment to fund all or any portion of the Solid Waste Assessed Cost upon benefitted property at a rate of assessment based on the special benefit accruing to such property from the City's provision of solid waste services, facilities, or programs. All SOLID WASTE COLLECTION ASSESSMENTS shall be imposed in conformity with the procedures set forth in this Article II. (B) The amount of the Solid Waste 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 Solid waste Assessed Cost among properties on a basis reasonably related to the special benefit provided by solid waste services, facilities, or programs funded with assessment proceeds. (C) Nothing contained in this Ordinance shall be construed to require the imposition of SOLID WASTE COLLECTION ASSESSMENTS against Government Property, SECTION 2.02. INITIAL PROCEEDINGS. (A) The initial proceeding for the imposition of a Solid Waste Assessment shall be the adoption of an Initial Assessment Resolution by the CITY COUNCIL, (1) containing a brief and general description of the solid waste services, facilities, or programs to be provided, (2) determining the Solid Waste Assessed Cost to be assessed, (3) describing the method of apportioning the Solid Waste Assessed Cost and the computation of the Solid Waste Assessment for specific properties, (4) establishing an estimated assessment rate forthe upcoming Fiscal Year, (5) establishing a Maximum Assessment Rate, if desired E^ by the CITY COUNCIL, and (6) directing the City Administrator to (a) prepare the initial Assessment Roll, as required by Section 2.03 hereof, (b) publish the notice required by Section 2.04 hereof, and (c) mail the notice required by Section 2.05 hereof using information then available from the Tax Roll. (B) The Initial Assessment Resolution shall also sufficiently identify propertythat may be subject to the imposition of SOLID WASTE COLLECTION ASSESSMENTS by designating a geographic area within the City where the CITY COUNCIL provides solid waste services, facilities and programs as follows: (1) Such CITY COUNCIL designated geographic area may consist of all or a portion of the incorporated area. The CITY COUNCIL may designate such geographic area by creating a new municipal service benefit unit, which contains a description of the property to be included or by using an existing municipal service benefit area heretofore created by the CITY COUNCIL. (2) Alternatively, the CITY COUNCIL shall identify such property by providing a summary description of the parcels, conforming to the description on the Tax Roll, located within the City that receive a special benefit from the provision of solid waste services, facilities or programs. SECTION 2.03. INITIAL ASSESSMENT ROLL. (A) The City Administrator shall prepare, or direct the preparation of, the initial Assessment Roll, which shall 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 Solid Waste Assessment to be imposed against each such parcel of Assessed Property. (B) The initial Assessment Roll shall be retained by the City Administrator and shall be open to public inspection. The foregoing shall not be construed to require that the 7 Assessment Roll be in printed form if the amount of the Solid Waste Assessment for each parcel of property can be determined by use of a computer terminal available to the public. SECTION 2.04. NOTICE BY PUBLICATION. Upon completion of the initial Assessment Roll, the City Administrator 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 COUNCIL 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 COUNCIL 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 Solid waste Assessment; (B) a brief and general description of the solid waste services, facilities, or programs to be provided; (C) the rate of assessment including a Maximum Assessment Rate in the event one was adopted by in the Initial Assessment Resolution; (D) the procedure for objecting provided in Section 2.06 hereof; (E) the method by which the Solid Waste Assessment will be collected; and (F) a statement that the initial Assessment Roll is available for inspection at the office of the City Administrator and all interested persons may ascertain the amount to be assessed against a parcel of Assessed Property at the office of the City Administrator. SECTION 2.05. NOTICE BY MAIL. In addition to the published notice required by Section 2.04, the City Administrator shall provide notice, or direct the provision of notice, of the proposed Solid Waste Assessment by first class mail to the Owner of each parcel of property (except Government Property) subject to the Solid Waste Assessment. Such notice shall include (A) the purpose of the Solid Waste Assessment; (B) the rate of assessment to be levied against each parcel of property including a Maximum Assessment Rate in the event one was adopted by the Initial Assessment Resolution; (C) the unit of measurement applied to determine the Solid Waste Assessment; (D) the number of such units contained in each parcel of property; (E) the total revenue to be collected by the City 0 from the Solid Waste Assessment; (F) a statement that failure to pay the Solid Waste 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 COUNCIL within 20 days of the notice; and (H) the date, time, and place of the hearing. The mailed notice shall conform to the requirements set forth in the Uniform Assessment Collection Act. Notice shall be mailed at least 20 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 Administrator 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 Solid Waste Assessment imposed by the CITY COUNCIL pursuant to this Ordinance. SECTION 2.06. ADOPTION OF FINAL ASSESSMENT RESOLUTION. At the public hearing as noticed pursuant to Sections 2.04 and 2.05 hereof, or to which an adjournment or continuance may be taken by the CITY COUNCIL, the CITY COUNCIL shall receive any oral or written objections of interested persons and may then, or at any subsequent meeting of the CITY COUNCIL 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 COUNCIL; (B) establish the rate of assessment to be imposed in the upcoming Fiscal Year; (C) establish a Maximum Assessment Rate that may be imposed in the event such rate was included in the Initial Assessment Resolution; (D) approve the initial Assessment Roll, with such amendments as it deems just and right; and (E) determine the method of collection. The adoption of the Final Assessment Resolution by the CITY COUNCIL shall constitute a legislative determination that all parcels assessed derive a special benefit from the solid waste services, facilities, or programs to be provided or constructed and a legislative E u • determination that the SOLID WASTE COLLECTION ASSESSMENTS are fairly and reasonably apportioned among the properties that receive the special benefit. All written objections to the Final Assessment Resolution shall be filed with the City Administrator 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 SOLID WASTE COLLECTION ASSESSMENTS are imposed or reimposed hereunder. SECTION 2.07. EFFECT OF FINAL ASSESSMENT RESOLUTION. The SOLID WASTE COLLECTION 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 Maximum Assessment Rate, if any; the initial Assessment Roll; and the levy and lien of the SOLID WASTE COLLECTION 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 COUNCIL 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 alternative method described in Section 3.02 hereof is used to collect the SOLID WASTE COLLECTION ASSESSMENTS, such other official as the CITY COUNCIL by resolution shall designate. SECTION 2.08. ADOPTION OF ANNUAL RATE RESOLUTION. (A) The CITY COUNCIL shall adopt an Annual Rate Resolution during its budget adoption process for each Fiscal Year following the initial Fiscal Year for which a Solid Waste 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 COUNCIL (1) containing a brief and general description of the solid waste services, facilities, or programs to be 10 provided; (2) determining the Solid Waste Assessed Cost to be assessed for the upcoming Fiscal Year; (3) establishing the estimated assessment rate for the upcoming Fiscal Year; (4) establishing or increasing a Maximum Assessment Rate, if desired by the CITY COUNCIL; (5) authorizing the date, time, and place of a public hearing to receive and consider comments from the public and consider the adoption of the Annual Rate Resolution for the upcoming Fiscal Year; and (6) directing the City Administrator 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 COUNCIL deems just and right. The Assessment Roll shall be prepared in accordance with the method of apportionment set forth in the Initial Assessment Resolution, or any subsequent Preliminary Rate Resolution, togetherwith modifications, if any, that are provided and confirmed in the Final Assessment Resolution or any subsequent Annual Rate Resolution. (D) Nothing herein shall preclude the CITY COUNCIL from providing annual notification to all Owners of Assessed Property in the manner provided in either or both Sections 2.04 or 2.05 hereof. (E) The CITY COUNCIL may establish or increase a Maximum Assessment Rate in an Initial Assessment Resolution or Preliminary Rate Resolution and confirm such Maximum Assessment Rate in the event notice of such Maximum Rate Assessment has been included in the notices required by Section 2.04 and 2.05 hereof. (F) In the event (1) the proposed Solid Waste Assessment for any Fiscal Year exceeds the rates of assessment adopted by the CITY COUNCIL including a Maximum Assessment Rate, if any, that were listed in the notices previously provided to the Owners of Assessed Property pursuant to Sections 2.04 and 2.05 hereof, (2) the purpose'for which 11 the Solid Waste Assessment is imposed or the use of the revenue from the Solid Waste Assessment is substantially changed from that represented by notice previously provided to the Owners of Assessed Property pursuant to Sections 2.04 and 2.05 hereof, (3) Assessed Property is reclassified or the method of apportionment is revised or altered resulting in an increased Solid waste Assessment from that represented by notice previously provided to the Owners of Assessed Property pursuant to Sections 2.04 and 2.05 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 by publication and first class mail to the Owners of such Assessed Property as provided by law. Such notice shall substantially conform with the notice requirements set forth in Sections 2.04 and 2.05 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 Solid Waste Assessment imposed by the CITY COUNCIL 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 establishment or increase of a Maximum Assessment Rate, the Assessment Roll, and the levy and lien of the SOLID WASTE COLLECTION 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 COUNCIL action on the Annual Rate Resolution. Nothing contained herein shall be construed or interpreted to affect the finality of any Solid Waste Assessment not challenged within the required 20-day period for those SOLID WASTE COLLECTION ASSESSMENTS previously imposed against Assessed Property by the 12 inclusion of the Assessed Property on an Assessment Roll approved in the Final Assessment Resolution or any subsequent Annual Rate Resolution. (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 3.02 hereof is used to collect the SOLID WASTE COLLECTION ASSESSMENTS, such other official as the CITY COUNCIL by resolution shall designate. If the Solid Waste Assessment against any property shall be sustained, reduced, or abated by the court, an adjustment shall be made on the Assessment Roll. SECTION 2.09. LIEN OF SOLID WASTE COLLECTION ASSESSMENTS. Upon the adoption of the Assessment Roll, all SOLID WASTE COLLECTION ASSESSMENTS shall constitute a lien against Assessed Property equal in rank and dignity with the liens of all State, City, district, or municipal taxes and special assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other prior liens, mortgages, titles, and claims, until paid. The lien for a Solid Waste Assessment shall be deemed perfected upon the CITY COUNCIL's adoption of the Final Assessment Resolution or the Annual Rate Resolution, whichever is applicable. The lien for a Solid Waste 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 Solid Waste Assessment collected under the alternative method of collection provided in Section 3.02 shall be deemed perfected upon the CITY COUNCIL's adoption of the Final Assessment Resolution or the Annual Rate Resolution, whichever is applicable, and shall attach to the property on such date of adoption. SECTION 2.10. REVISIONS TO SOLID WASTE COLLECTION ASSESSMENTS. If any Solid Waste 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 COUNCIL is satisfied that any such Solid Waste Assessment is 13 so irregular or defective that the same cannot be enforced or collected, or if the CITY COUNCIL has failed to include or omitted any property on the Assessment Roll which property should have been so included, the CITY COUNCIL may take all necessary steps to impose a new Solid Waste Assessment against any property benefitted by the Solid waste Assessed Costs, following as nearly as may be practicable, the provisions of this Ordinance and in case such second Solid Waste Assessment is annulled, vacated, or set aside, the CITY COUNCIL may obtain and impose other SOLID WASTE COLLECTION ASSESSMENTS until a valid Solid Waste Assessment is imposed. SECTION 2.11. PROCEDURAL IRREGULARITIES. Any informality or irregularity in the proceedings in connection with the levy of any Solid Waste Assessment under the provisions of this Ordinance shall not affect the validity of the same after the approval thereof, and any Solid Waste Assessment as finally approved shall be competent and sufficient evidence that such Solid Waste Assessment was duly levied, that the Solid Waste Assessment was duly made and adopted, and that all other proceedings adequate to such Solid Waste Assessment were duly had, taken, and performed as required by this Ordinance; and no variance from the directions hereunder shall be held material unless it be clearly shown that the party objecting was materially injured thereby. SECTION 2.12. CORRECTION OF ERRORS AND OMISSIONS. (A) No act of error or omission on the part of the Property Appraiser, Tax Collector, City Administrator, CITY COUNCIL, or their deputies or employees, shall operate to release or discharge any obligation for payment of a Solid Waste Assessment imposed by the CITY COUNCIL under the provision of this Ordinance. (B) When it shall appear that any Solid Waste Assessment should have been imposed under this Ordinance against a parcel of property specially benefitted by the provision of solid waste services, facilities, or programs, but that such property was omitted from the Assessment Roll; or such property was erroneously assessed; 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, 14 the CITY COUNCIL may, upon provision of a notice by mail provided to the Owner of the omitted or erroneously assessed parcel in the manner and form provided in Section 2.05, impose the applicable Solid waste Assessment for the Fiscal Year in which such error or omission is discovered, in addition to the applicable Solid waste Assessment due for the prior two Fiscal Years. Such Solid waste Assessment shall constitute a lien against Assessed Property equal in rank and dignity with the liens of all state, city, 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 hereof, and shall be deemed perfected on the date of adoption of the resolution imposing the omitted, delinquent, or corrected assessments. (C) Prior to the delivery of the Assessment Roll to the Tax Collector in accordance with the Uniform Assessment Collection Act, the City Administrator 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 Solid Waste Assessment, to reclassify property based upon presentation of competent and substantial evidence, and correct any error in applying the Solid Waste Assessment 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 Solid Waste 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 Administrator and not the Property Appraiser or Tax Collector. (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 Administrator. 15 SECTION 2.13. INTERIM ASSESSMENTS. (A) An interim Fire Services Assessment shall be imposed against all property for which a Certificate of Occupancy (or Building Permit, as determined by the CITY COUNCIL) is issued after the adoption of the Annual Rate Resolution. The amount of the interim Fire Services Assessment shall be calculated upon a monthly rate, which shall be one -twelfth of the annual rate for such property computed in accordance with the Annual Rate Resolution for the Fiscal Year for which the interim Fire Services Assessment is being imposed. 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 Services Assessment shall also include an estimate of the subsequent Fiscal Year's Fire Services Assessment. Issuance of the Certificate of Occupancy (or Building Permit, as determined by the CITY COUNCIL) by mistake or inadvertence, and without the payment in full of the interim Fire Services Assessments shall not relieve the Owner of such property of the obligation of full payment. Any interim Fire Services Assessment not collected prior to the issuance of the Certificate of Occupancy (or Building Permit, as determined by the CITY COUNCIL) may be collected pursuant to the Uniform Assessment Collection Act as provided in Section 3.01 of this Ordinance, under the alternative collection method provided in Section 3.02 or by any other method authorized by law. Any interim Fire Services Assessment shall be deemed due and payable on the date the Certificate of Occupancy (or Building Permit, as determined by the CITY COUNCIL) 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, City, district or municipal taxes and special assessments, and superior in rank and dignity to all other liens, encumbrances, titles and claims in and to or against the real property involved and shall be deemed perfected upon the issuance of the Certificate of Occupancy (or Building Permit, as determined by the CITY COUNCIL). 16 • (B) In the event the CITY COUNCIL chooses to collect the interim Solid Waste Collection Assessment at the time a Building Permit is issued, the following procedure shall apply: (1) In the event a Building Permit expires prior to completion of the Building for which it was issued, and the applicant paid the interim Solid Waste Collection Assessment at the time the Building Permit was issued, the applicant may within 90 days of the expiration of the Building Permit apply for a refund of the interim Solid Waste Collection Assessment. Failure to timely apply for a refund of the Solid Waste Collection Assessment shall waive any right to a refund. (2) The application for refund shall be filed with the City's Building Department and contain the following: (a) The name and address of the applicant; (b) The location of the property and the tax parcel identification number for the property which was the subject of the Building Permit; (c) The date the Solid Waste Collection Assessment was paid; (d) A copy of the receipt of payment for the Solid Waste Collection Assessment; and (e) The date the Building Permit was issued and the date of expiration. (3) After verifying that the Building Permit has expired and that the Building has not been completed, the City's Building Department shall refund the interim Solid Waste Collection Assessment paid for such Building. (4) A Building Permit which is subsequently issued for a Building on the same property which was the subject of a refund shall pay the interim Solid Waste Collection Assessment as required by this Section 2.13. SECTION 2.14. (Reserved) ARTICLE III COLLECTION AND USE OF SOLID WASTE COLLECTION ASSESSMENTS 17 • SECTION 3.01. METHOD OF COLLECTION. (A) Unless otherwise directed by the CITY COUNCIL, the SOLID WASTE COLLECTION 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 or other provision of law. (B) The amount of a Solid waste Assessment to be collected using the uniform method pursuant to the Uniform Assessment Collection Act for any specific parcel of benefitted property may include an amount equivalent to the payment delinquency, delinquency fees and recording costs for a prior year's assessment for a 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 Solid waste Assessment upon certification of a non -ad valorem roll to the Tax Collector by the City. SECTION 3.02. ALTERNATIVE METHOD OF COLLECTION. In lieu of using the Uniform Assessment Collection Act, the CITY COUNCIL may elect to collect the SOLID WASTE COLLECTION ASSESSMENTS by any other method which is authorized by law or under the alternative collection method provided by this Section: (A) The CITY COUNCIL shall provide Solid Waste Assessment bills by first class mail to the Owner of each affected parcel of property, other than Government Property. The bill or accompanying explanatory material shall include (1) a brief explanation of the Solid Waste Assessment, (2) a description of the unit of measurement used to determine the amount of the Solid Waste Assessment, (3) the number of units contained within the parcel, (4) the total amount of the Solid Waste Assessment imposed against the parcel for the appropriate period, (5) the location at which payment will be accepted, (6) the date on 18 • • which the Solid Waste Assessment is due, and (7) a statement that the Solid Waste Assessment constitutes a lien against Assessed Property equal in rank and dignity with the liens of all State, City, district or municipal taxes and other non -ad valorem assessments. (B) A general notice of the lien resulting from imposition of the SOLID WASTE COLLECTION ASSESSMENTS shall be recorded in the Official Records of Okeechobee County, Florida. Nothing herein shall be construed to require that individual liens or releases be filed in the Official Records. (C) The CITY COUNCIL shall have the right to foreclose and collect all delinquent SOLID WASTE COLLECTION 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 Solid Waste Assessment shall become delinquent if it is not paid within 30 days from the date any installment is due. The CITY COUNCIL or its agent shall notify any property owner who is delinquent in payment of his or her Solid Waste Assessment within 60 days from the date such assessment was due. Such notice shall state in effect that the CITY COUNCIL or its agent will either (1) initiate a foreclosure action or suit in equity and cause the foreclosure of such property subject to a delinquent Solid Waste 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 Solid Waste 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. (D) 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 action, the City may be the purchaser to the same extent as any Person. The CITY COUNCIL or its agent may join in one foreclosure action the collection of SOLID WASTE COLLECTION ASSESSMENTS against any or all property assessed in accordance with 19 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 COUNCIL and its agents, including reasonable attorney fees, in collection of such delinquent SOLID WASTE COLLECTION ASSESSMENTS and any other costs incurred by the CITY COUNCIL as a result of such delinquent SOLID WASTE COLLECTION ASSESSMENTS and the same shall be collectible as a part of or in addition to, the costs of the action. (E) In lieu of foreclosure, any delinquent Solid Waste 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 Solid Waste Assessment is supplanted by the lien resulting from certification of the Assessment Roll, as applicable, to the Tax Collector. (F) Notwithstanding the CITY COUNCIL's use of an alternative method of collection, the City Administrator shall have the same power and authority to correct errors and omissions as provided to him or other City officials in Section 2.12 hereof. (G) Any CITY COUNCIL action required in the collection of SOLID WASTE COLLECTION ASSESSMENTS may be by resolution. SECTION 3.03. GOVERNMENT PROPERTY. (A) In the event SOLID WASTE COLLECTION ASSESSMENTS are imposed against Government Property, the CITY COUNCIL shall provide Solid Waste 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 Solid Waste Assessment, (2) a description of the unit of measurement used to determine the amount of the Solid Waste Assessment, (3) the number of units contained within the parcel, (4) the total amount of the parcel's Solid Waste Assessment for the appropriate 20 E • period, (5) the location at which payment will be accepted, and (6) the date on which the Solid waste Assessment is due. (B) SOLID WASTE COLLECTION ASSESSMENTS imposed against Government Property shall be due on the same date as all other SOLID WASTE COLLECTION ASSESSMENTS and, if applicable, shall be subject to the same discounts for early payment. (C) A Solid Waste Assessment shall become delinquent if it is not paid within 30 days from the date any installment is due. The CITY COUNCIL shall notify the Owner of any Government Property that is delinquent in payment of its Solid Waste Assessment within 60 days from the date such assessment was due. Such notice shall state that the CITY COUNCIL 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 SOLID WASTE COLLECTION ASSESSMENTS and any other costs incurred by the CITY COUNCIL as a result of such delinquent SOLID WASTE COLLECTION ASSESSMENTS and the same shall be collectible as a part of or in addition to, the costs of the action. (E) As an alternative to the foregoing, a Solid Waste Assessment imposed against Government Property may be collected as a surcharge on a utility bill provided to such Government Property in periodic installments with a remedy of a mandamus action in the event of non-payment. The CITY COUNCIL may contract for such billing services with any utility, whether or not such utility is owned by the City. 21 w w ARTICLE IV GENERAL PROVISIONS SECTION 4.01. APPLICABILITY. This Ordinance and the CITY COUNCIL's authority to impose assessments pursuant hereto shall be applicable throughout the incorporated area of the City. SECTION 4.02. 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 come into existence. This Ordinance, being necessary for the welfare of the inhabitants of the City, shall be liberally construed to effect the purposes hereof. (B) Nothing herein shall preclude the CITY COUNCIL 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. SECTION 4.03. SEVERABILITY. The provisions of this Ordinance are severable; and if any section, subsection, sentence, clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this Ordinance shall not be affected thereby. SECTION 4.04. EFFECTIVE DATE. The Clerk shall file a certified copy of this Ordinance with the Department of State within ten days of its adoption. This Ordinance shall take effect immediately upon its filing with the Department of State. 22 INTRODUCED for first reading and set for final public hearing this 61h day of November, 2001. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this Wh day of December, 2001. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney 23 James E. Kirk, Mayor u ExHIBIT 5— NOVEI-MER 6 AGENDA RESOLUTION NO. 01-14 A RESOLUTION OF THE CITY OF OKEECHOBEE FLORIDA APPOINTING CODE ENFORCEMENT OFFICERS; PROVIDING FOR QUALIFICATIONS; PROVIDING FOR AUTHORITY OF OFFICER AND METHODS OF ENFORCEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes Chapter 162 provides for enforcement of codes through a Code Enforcement Board or by supplemental method of issuance of citations; and WHEREAS, it is proper and necessary to appoint agents or employees of the City to perform such functions, and to outline the authority and duties of the officers in the performance of such duties; THEREFORE, be it resolved by the City of Okeechobee, Florida the following: THAT under F.S. 162.04(2) a Code Inspector means any authorized agent or employee of the municipality whose duty it is to assure code compliance. That as such persons change from time to time, the City Council hereby authorizes the City Administrator, in his discretion, to appoint and designate the person(s) as Code Enforcement Officers to perform those duties as set out in, and in the manner required, in Chapter 162, 2. THAT the person(s) named as Code Enforcement Officer under F.S. 119.07(3)(i)(1) are entitled to have as exempt from public records the home telephone number and home address of such officer(s) from public inspection, and the personnel director for the City of Okeechobee shall not release such information to the public under Chapter 119 Public Records Law despite demand. 3. THAT the person(s) named as Code Enforcement Officer is encouraged, and is entitled, upon approval of, and in the discretion of, the City Administrator, to attend from time to time such certification courses as offered in order to become a certified officer under state law. 4. THAT in addition to those duties and responsibilities of the Code Officer set out in Chapter 162, Florida Statutes, all Code Officers for the City of Okeechobee shall in conjunction of their primary duty of diligently and promptly enforcing all codes within the City, also at all times be courteous to the public and even-handed in methods of enforcement. INTRODUCED AND ADOPTED this 6 th day of November, 2001. ATTEST: Bonnie S. Thomas, CMC, City Clerk Approved for Legal Sufficiency: James E. Kirk, Mayor John R. Cook, City Attorney • EXHIBIT 6 NOVEL-MER 6 AGENDA OKEECHOBEE UTILITY AUTHORITY P.O. Box 835 Okeechobee, Florida 34973-0835 October 26, 2001 Bill Veach City Administrator City of Okeechobee, Florida 55 SE 311 Avenue Okeechobee, FL 34974 Re: Fire Hydrants Dear Mr. Veach: (863) 763-9460 FAX: (863) 763-9036 Attached is a drawing of SW 7`h Avenue between SW 9`h Street and SW 15`' Street with the proposed water line and fire hydrants in red. Also attached is a drawing of SE 9"' Avenue from SE 9`h Court to SE 15`h Street with the proposed water line and fire hydrants in red. The OUA Board has agreed to install fire hydrants at 1,000-foot intervals on new water lines with the City or County paying for the installation of any additional hydrants on new water lines. Please review the drawings and let me know within the next 30 days if the City wants to add additional fire hydrants to one or both water lines. If so, please return a copy of the drawing (s) with the additional fire hydrants marked as to the location of the hydrant requested by the City. OUA will bill the City for the installation of the additional hydrants. r.uo� y n these matters and please let me know if you need any additional information. Sincerely, Landon C. Fortner, Jr. Executive Director, OUA Enclosures (2) -.r26 86 87 88 M8991 91 92 93 94 2 CS SE 9TH ST \3 26 /. 4 / 2: / 6 24 78F79180- 81 82 83 84 85 / 70 17.1 72 73 74 75 76 77 23 SE 9TH CT 2• CS 7 22/ / 61 62 -T64T65 66 67 T68 69 i 2. / tt g 2n/ : 51 52 53 54 55 56 57 t58 59 60 ; --% �- - 1- SE 107" ST �� :• 9J 11 / / 19 31 ; / 43 44 45 46 47 48 49 50 12 / / — % 18 30 % 13 / 38 39 40 41 42 r----—°YC--- �/ 17 29 � ---- 14 / / SE 11TH ST 16 28 1 95 .r 32 33 34 35 36 37 15 27 2 b 177 176 /103 101 too 99 96 97 The axis once an location of any of the water 3 and/or wastswa er linos, valves- O tumts b 178 175 '- SE 12TH ST i lift stati ns, etc., shown on this page are not --- th Ok h b U Ili 4 b Y' 179 174 \5 y 180 173 6 \ i 9 172 111 112 110 113 109 114 108 115 107 116 106 117 105 118 104 i [119_ / - � SE IJTH ST \12B 127 126 125 124 123 122 121 120 182 170183 i \ 169 '\ 129 130 �131 11321113 134 135 136 184 169 _ SE IITH ST ' It... n ee I a eec 0 ee t ty Authority and m st be verified In the field. \ \ 185 167 211 212 213 214 186 143 142 1141 �140 1139 1138 �137 \ 166 241 _.t ' 199 187 165 \ .144 tl5146 ,47 148 149240I — — \ 198 188 164 _ 197 196 191 \ 151 ,\ �195 192 160 X \ 194 193 159 194 15 8 80AT \ \ SLIP ' 16 22 \ ,7 23 '\ \ 18 24 '.\ \ 20 \ 21 239 I 224 223 222 22 225 226 227 221 i z37 — — f 236 235 234 233 232 2 6D • 0 3 J � -, s — �- - 6 - f 1 2 L - 6 E-- 2 4 5 6 6 9 10 11 12 .1J, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 3 t 6 5 4 3 2 1 i 6 5 4 3 2 107 8 9 10 11 12 i i 7 8 9 10 11 -- - -� r ° 1 3 2 1 i i 6 5 4 3 2 f i r 4 3 2 4 4 5 y 2 4 j tz 1011r12agT78 9 10 11 1 - - -6- e• T1 8 2 ° 9 3 3 2 1 i i 4 3 2 -21 10 4 3 Y 11 s 29 4 __-6_ L , �- 28 - - - i 7 1 27 2 8 2 26 25 3 9 --- 3 i L - - 24 1 23 22 2 21 3 I % 7 4 5 j t 2 3 4 5 r e e�(istence and location of any / Of the water / an /or wastewater lines, valves, hydrants, lift ations, etc., shown on this page are not SSW 14TH ST (so•i — �' guaranteed by the Okeechobee Utility � %•Authority and must be verified in the field. I 10 9 8 7 6 / 4 3 --- SW 14TH CT �---- — — - /, 4• M / 5 4 3 82 ! 2 / E 2A 3A 4A 5A I 1A 8 : cs - -----J CS 1 2 3 4 5 - - -: ° 1 SW 15TH ST (50') 2 15 3 18 4 5 6 7 3 14 4 13 :T 1 5 12 I 10 9 8 n Zoos