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Okaloosa County BOCC — October 20, 2015 — Schedule Public Hearing for Nuisance Abatement Assessment Resolution — agenda request — reading text
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BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
DATE: October 20, 2015
TO: Honorable Chairman and Members of the Board
FROM: Elliot Kampert
SUBJECT: Schedule Public Hearing for Nuisance Abatement Assessment Resolution
DEPARTMENT: Growth Management
BCC DISTRICT: All
STATEMENT OF ISSUE:
The Board has previously directed staff to bring back to them a Code and Nuisance
Abatement Ordinance which would authorize the County to collect the cost of the abatement of
Nuisance and Code violations from the property through the use of the Non-Ad Valorem
Collection process as authorized under section 197.3632, Florida Statutes. That is anticipated to
occur during a November meeting. However, under the statute, to utilize this process, a Notice
of Intent to Use the Non-Ad Valorem Collection process needs to be adopted prior to January 1,
and the meeting must be advertised for four consecutive weeks prior to the hearing. To make
certain that the necessary deadlines have been satisfied in the event that the Board elects to
proceed with the adoption of the Code and Nuisance Abatement Ordinance, this process needs to
be started prior to the consideration of the Ordinance itself. This would allow the assessment to
provide the cost of property code and nuisance abatement costs on next year's tax bill. Staff is
requesting authorization to schedule the public hearing for December 15, 2015 and begin the
advertising process for that hearing.
BACKGROUND AND ANALYSIS:
The Board has previously directed staff to bring back to them a Code and Nuisance
Abatement Ordinance which would authorize the County to collect the cost of the abatement of
Nuisance and Code violations from the property through the use of the Non-Ad Valorem
Collection process as authorized under section 197.3632, Florida Statutes. That is anticipated to
occur during a November meeting. However, under the statute, to utilize this process, a notice of
the intent to use the Non-Ad Valorem Collection process needs to be adopted prior to January 1
and the meeting must be advertised for four consecutive weeks prior to the hearing. To make
certain that the necessary deadlines have been satisfied in the event that the Board elects to
proceed with the adoption of the Code and Nuisance Abatement Ordinance, this process needs to
be started prior to the consideration of the Ordinance itself. This would allow the assessment to
provide the cost of property code and nuisance abatement costs on next year's tax bill. Staff is
requesting authorization to schedule the public hearing for December 15, 2015 and begin the
advertising process for that hearing
The primary purpose of the adoption of the Notice of Intent is to notify the Property
Appraiser and Tax Collector that assessments may be imposed. The adoption of this resolution
will not commit the Board to actually go forward with the adoption of the ordinance or even
actually impose the assessments, however, if this resolution is not adopted, then the Board will
not have the option of including and collecting those assessments on the ad valorem tax bill.
The resolution is attached for information only; the Board is not being requested to adopt
it as part of this Agenda Item. It should be noted that Exhibit A of the attached resolution is the
proof of advertising. Because this Agenda Item includes requesting permission to advertise the
public hearing, it is unavailable to attach at this time; it will be attached to the resolution when it
comes to the Board for adoption.
OPTIONS: The Board may approve or disapprove.
RECOMMENDATION: The following motions are recommended for the two actions
requested by this Agenda Item:
1. Move that the Board authorize the scheduling of a public hearing for the adoption of a
Resolution providing the County’s Notice of Intent to use the Non Ad Valorem Collection
Process to be held at 6:30 p.m. or soon thereafter on December 15, 2015 at the County
Commission Meeting Room located at the Okaloosa County Administrative Building, located at
1250 N. Eglin Parkway, Shalimar, Florida 32579;
2. Move that the Board authorize the Chairman to sign the attached Notice Of Intent To Use
Uniform Method Of Collecting Non-Ad Valorem Assessments, and authorize that the notice be
advertised as required by law.
RECOMMENDED BY:
APPROVED BY:
John Hofstad, County Administrator