Okaloosa County BOCC — October 6, 2015 — Proposed Nuisance Abatement Assessment Provisions — reading text

Proposed Nuisance Abatement Assessment Provisions (1) The Board is hereby authorized to impose nuisance abatement assessments against properties in violation of the Okaloosa County Code of Ordinances that require the county to perform any work necessary to bring the property into compliance. Any costs incurred by the county, including all actual, administrative, and collection costs, may be assessed against the property as a special assessment pursuant to Florida law and, if not paid, may be collected as provided in subsection (h) below. Under no circumstances shall any fines or penalties be included in such special assessment. a. When, in the opinion of a Code Enforcement Officer, there is a violation that presents a serious threat to public health, safety or welfare, the Code Enforcement Officer shall provide the owner with a written notice of violation ordering the owner to perform the necessary work to cure the violation within a specified time not to exceed ten (10) days. The notice shall provide the process through which the property owner can appeal the issuance of the notice, and shall specifically state that the property owner has ten (10) days from the issue date of the notice within which to request the appeal. b. In the event the owner fails to perform the necessary work or fails to contest the Code Enforcement Officer’s opinion within the ten (10) day period and upon approval by the Code Enforcement Board, the county is authorized to go upon the premises and perform the necessary work to abate the violation. Costs incurred in the performance of necessary work shall initially be paid by the county. The county’s costs of performing the necessary work, including all actual, administrative, and collection costs, may be assessed against the property as provided in this Article, section 197.3632, F.S., or any other method approved by the Board. c. A notice of the special assessment shall be provided to the property owner by certified mail return receipt requested at the address on record with the Okaloosa County Property Appraiser’s office specifying: (1) the violation that was repaired or abated, (2) the address and parcel identification number of the property, (3) the actual cost of the repair or abatement, (4) the amount of administrative costs, (5) a statement that if not paid in full or an appeal is not filed in writing with the County Administration office within thirty (30) days, a lien shall be recorded against the property, which lien shall be equal in rank and dignity with the liens of all state, county, district, or municipal taxes and  special assessments, and (6) the date by which the cost of the repair or abatement must be paid. The only issue to be determined on appeal is whether or not the costs in the notice are the actual costs incurred by the county and/or if the notice describes the proper property and owners. d. If not appealed or paid after thirty (30) days of the notice, a final notice meeting the requirement outlined in subparagraph (e) above, shall be provided to the property owner. The final notice may be mailed by first class mail. e. If not paid after thirty (30) days of the final notice, the county shall annually follow the procedures outlined in section 197.3632, F.S., to collect the actual costs of repairs or abatements, plus reasonable administrative and collection costs as a non-ad valorem assessment. In addition, a claim of lien for special assessment shall be recorded in the official records of Okaloosa County. The lien created shall be equal in rank and dignity with the liens of all state, county, district, or municipal taxes and special assessments. The lien created hereby shall accrue from date of repair or abatement at an interest rate equal to the amount of interest payable on a judgment lien pursuant to section 55.03, F.S., as it may be amended from time to time, until such time as the costs of repair or abatement are placed on  the assessment roll. The lien created hereby shall bear, on its face, the rate of interest that is payable on the lien. The failure to bear the rate of interest on the lien shall not invalidate the lien. The rate of interest shall be established on the date the violation is repaired or abated by the county. (2) In order to eliminate blight and help preserve property values, the Code Enforcement Board is also authorized to impose nuisance abatement assessments to facilitate the remediation of violations which have remained un- remediated for a period of twelve (12) months or longer from the date of the Board’s initial order. The process for the imposition and execution of nuisance abatement assessments for violations as described herein shall be as provided in D. (1), above. The decision whether to impose a nuisance abatement assessment shall be at the sole discretion of the Code Enforcement Board which may allow additional time for remediation upon presentation of evidence by County administrative staff or the violator that additional time is warranted.