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The BCC is now to consider the proposed ordinance and is to approve, approve with changes, or deny the proposed ordinance. ANALYSIS • Nuisance Abatement Special Assessments In Other Jurisdictions The County Attorney's Office found that Palm Beach County, St. Lucie County and Polk County have adopted nuisance abatement special assessment ordinances. In 2008, Polk County adopted its Property Maintenance Ordinance which established the process of abating nuisances with Polk County being reimbursed through the uniform method for the levy, collection, and enforcement of non -ad valorem assessments as set forth in Section 197.3632, Florida Statutes. The types of nuisances abated under Polk's program include the open storage of junk or debris, organic debris in excess of six cubic yards, overgrown grass and/or weeds, storage of distressed or abandoned vehicles and unsecured pools. In 2010, the population in the unincorporated portions of Polk County was approximately 370,000 people compared to Indian River County's 2010 unincorporated area population of 91,366. Polk's nuisance abatement roll for 2014-2015 will include roughly 440 properties. The process in Polk County begins with an investigation of a violation. If it is determined that there is a violation, the property owner is notified by mail and posting on the property and given ten days to correct the violation. The property owner has an opportunity to file an appeal of the violation determination at this stage. Upon expiration of the correction period, the property is then re- inspected. If it is found that the violation has not been corrected, then the nuisance is abated by Polk County (usually by a vendor/contractor hired by Polk), with the cost of abating the nuisance, including all administrative and operating fees assessed against the property as an assessment under Section 197.3632, Florida Statutes. Randy Mink of the Polk County Attorney's Office explained that the assessment includes the costs for the code enforcement officer site visits and the bill from the vendor (contractor) who performed the abatement. The property owner is then notified that the nuisance was abated and given ninety days to pay the assessment or appeal to the Polk County Code Enforcement Special Magistrate. If the property owner does not pay in time or appeal the amount of the assessment, the cost is recorded as an assessment and established as a first lien, equal to a lien for nonpayment of property taxes. If an appeal is requested, the only issue on appeal is the total actual costs incurred by Polk County. If the assessment is not paid within thirty days after Polk County mails the notice of the assessment, the County records a claim of lien for assessment. The lien accrues from date of abatement at an interest rate equal to the amount of interest payable on a judgment lien pursuant to Section 55.03, Florida Statutes, until the costs of abatement are placed on the non -ad valorem assessment roll. In 2012, both Palm Beach County and St. Lucie County adopted similar processes of using the uniform method for the levy, collection, and enforcement of non -ad valorem assessments for abating nuisances. However, Palm Beach County and St. Lucie County do not utilize the process for abandoned vehicles. St. Lucie County utilized this process in 2013 for approximately six properties. St. Lucie County is currently establishing the procedures to collect the assessment for these properties on its tax roll. F:\Community Development \CnrDev\BCC\2014 BCC\NuisanceAbatementdoc 2 44