§ 9-33.02. Assessments for abatement of nuisances.

(a)

Establishment of special assessment district. The City of Sunrise in its entirety, as its city boundaries exist of the date of enactment of this section and as they may be expanded or contracted from time to time, is hereby declared a special assessment district for the purposes of abating nuisances prohibited by this article. Individual properties within the city's boundaries, as they may exist from time to time, may be assessed for the costs incurred by the city in abating nuisances prohibited by this article.

(b)

Levy of non-ad valorem assessments. There is hereby levied, and the city commission is authorized to levy from time to time, a non-ad valorem assessment against each and every property in the city (i) on which there occurs or has occurred a violation of this article, (ii) the city undertakes or has undertaken action pursuant to this article to abate the nuisance and, thereby, incurs or has incurred costs, and (iii) the property owner fails or refuses or has failed or refused, for whatever reason, to pay timely the amount owed to the city under this article for the costs incurred by the city in carrying out such abatement.

(c)

The assessment for the abatement of a nuisance shall constitute a lien upon the tax parcels so assessed equal in rank and dignity with the liens of all state, county, district or municipal taxes and non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. The lien for the nuisance abatement assessment shall be deemed perfected upon adoption by the city commission of its annual resolution and shall attach to the property included on the assessment roll as of the prior January 1, the lien date for ad valorem taxes.

(d)

Collection of non-ad valorem assessments. The city commission elects to use the uniform method to impose and collect non-ad valorem assessments against properties on which nuisances occur or have occurred. The non-ad valorem assessments collected pursuant to this section will be included in the combined notice of ad valorem taxes and non-ad valorem assessments as provided in F.S. § 197.3635. Non-ad valorem assessments collected pursuant to this section are subject to all collection provisions in F.S. § 197.3632, including provisions relating to discount for early payment, prepayment by installment method, deferred payment, penalty for delinquent payment, and issuance and sale of tax certificates and tax deeds for nonpayment.

(e)

Agreement to reimburse the Broward County Property Appraiser and the Broward County Tax Collector. In order to utilize the uniform method for the levy, collection, and enforcement of the non-ad valorem assessments, the city is authorized to enter into a written agreement with the Broward County Property appraiser and the Broward County Tax Collector for the reimbursement of their costs incurred in the administration and collection of the non-ad valorem assessments levied under this section.

(f)

Adoption of resolution. The city commission will adopt a resolution at a public hearing prior to January 1, 2012 or if agreed by the property appraiser, tax collector, and the city by March 1, 2012, in accordance with F.S. § 197.3632(3)(a), which resolution shall provide the following:

(1)

The city's intent to use the uniform method of collecting non-ad valorem assessments.

(2)

The city's need for the imposition of the non-ad valorem assessments.

(3)

The entire city is declared a special assessment district, with individual properties being subject to the non-ad valorem assessment from time to time if and when violations of this article occur.

(4)

Publish in a newspaper of general circulation once a week for four (4) weeks preceding the hearing of the boundaries of the local government of the properties subject to levy.

(5)

The city shall send a copy of the resolution by January 10, 2012 or March 10, 2012 if agreed by the property appraiser, tax collector and the city.

The city shall comply with all statutory notice prerequisites set forth in F.S. § 197.3632.

(g)

Annual non-ad valorem assessment roll. Each year the city commission will approve a non-ad valorem assessment roll at a public hearing during its budget adoption process. The non-ad valorem assessment roll will be comprised of properties that have had levied against them non-ad valorem assessments under this section, and such assessments have not otherwise been paid in full prior to approval of the roll.

The finance director is authorized and directed each year (i) to prepare the notice that must be provided as required by F.S. § 197.3632(4)(b), and (ii) to prepare and publish the newspaper notice required by F.S. § 197.3632(4)(b).

The notice to be sent by first-class mail will be sent to each person owning property that will be on the non-ad valorem assessment roll and will include the following:

(1)

The purpose of the assessment.

(2)

The total amount to be levied against the parcel, which includes the actual costs incurred by the city;

(3)

A statement that failure to pay the assessment will cause a tax certificate to be issued against the property, which may result in a loss of title;

(4)

A statement that all affected property owners have a right to appear at the hearing and to file written objections with the city commission within twenty (20) days of the notice; and

(5)

The date, time and place of the hearing.

(Ord. No. 544, § 4, 12-13-11; Ord. No. 544-17-A, § 2, 12-12-17)