TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: An Ordinance of the City of North Port, Florida, Providing for the Imposition and Collection of Non-Ad Valorem Special Assessments to Fund Costs Incurred by the City in Abating Nuisance Conditions of Excessive Growth of Grass and Nuisance Weeds on Developed Lots, and Hazardous Trees and Accumulation of Debris on Any Lot; Amending the Code of the City of North Port, Florida, Chapter 42 - Nuisances, Article II - Lot Clearing, to Create Section 42-27; Providing for Findings; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date.
Recommended Action
Option 1: Approve Ordinance No. 2026-01 as presented and move to second reading during the City Commission Regular Meeting on February 24, 2026.
City Commission Options
Option 1: Approve Ordinance No. 2026-01 as presented.
• Pros: Would allow more efficient and effective recovery of the actual cost of abatement and administrative expenses incurred by the City, with increased revenue to the General Fund.
• Cons: The City would need to complete required annual steps to approve the Special Assessment roll and notify the Sarasota County Property Appraiser and Tax Collector.
Option 2: Deny Ordinance No. 2026-01.
• Pros: The City would not need to complete required annual steps to approve the Special Assessment roll or provide notification to the Sarasota County Property Appraiser and Tax Collector.
• Cons: Most Code Enforcement liens would continue to accrue without timely recovery of actual costs incurred by the City, placing a burden on the General Fund.
Background Information
During the City Commission Regular Meeting held on January 14, 2025, the City Commission discussed risks to the public associated with hazardous trees; the current removal process and limited abatement funding; and potential funding methods; including a program for unimproved lots and the use of Non-Ad Valorem Special Assessments. The City Commission also discussed this issue during the 2026 Fiscal Year Budget Workshops.
Staff met with the City Attorney’s Office and outside legal counsel organized by the City Attorney to discuss legal issues and a process for a potential Unimproved Lot Program and other measures that could provide similar funding. After researching Unimproved Lot Programs in other jurisdictions, legal counsel advised that there may be challenges to assessing all vacant property in the City, since North Port’s pre-platted nature means that many vacant lots are not in proximity to developed lots; may not receive abatement services (i.e. a special benefit) in a given year; and could not be assessed the same as lots adjacent to developed lots. Should the Commission decide to move forward with an Undeveloped Lot Assessment Program, legal counsel advised that a Consultant Study would be required to develop assessment methodology and rate tiers. Resources would be needed for this Study and a projected timeline for procurement; study development; and program adoption is estimated to be approximately 24 months following funding approval.
Counsel suggested that implementation of a Non-Ad Valorem Special Assessment for collection of code enforcement liens would be more defensible than an undeveloped lots assessment and could accomplish the goal of increasing funds available for removal of hazardous trees or other priorities as determined by the City Commission.
The City currently does not have a dedicated funding stream for abatement of any Code Enforcement issues or operating expenses. Instead, all expenses are funded from the General Fund. In addition to the costs for contractors to remove hazardous trees and other violations, these expenses include personnel costs, vehicle purchase and maintenance, administrative costs to process violations, filing fees to place liens on properties, and other administrative costs.
Liens placed on properties for Code Enforcement violations are currently collected only when a property owner voluntarily pays the lien or the property is sold and there are sufficient funds to satisfy the lien. Code Enforcement liens are not “superior” liens, which means they are only paid if there are funds remaining after satisfaction of mortgages, taxes, or other primary liens. Additionally, many properties often remain in violation for years with no remedy available to the City. As the abatement of Code Enforcement violations are funded through the General Fund, unpaid liens are a burden on all City taxpayers. Historically, the City recovers only approximately 30 percent of costs for abatement and fines for Code Enforcement violations.
Ordinance 2026-01 is being brought forward for City Commission consideration to amend the Code of the City of North Port, Florida, to authorize the City to levy a non-ad valorem assessment against lots for code enforcement liens that are not timely paid for the actual cost of abatement for hazardous trees; excessive growth of grass and nuisance weeds; and accumulation of debris. If Ordinance 2026-01 is adopted, the City will prepare an assessment roll for unpaid liens each year and provide the assessment roll to the Sarasota County Property Appraiser and Tax Collector. The assessments will be added to the annual tax bill for the subject properties. For the first assessment year, the City would be able to include all outstanding liens that have been recorded three years prior to the assessment. There are currently over $3.5 million in unpaid Code Enforcement liens that have been recorded in the last three years.
Adoption of Ordinance 2026-01 does not have any direct fiscal impact. However, the City’s ability to collect outstanding liens through special assessment would result in additional revenue to the General Fund.
Legal counsel provided draft documents, and staff is bringing this forward to Commission for consideration and possible action on First Reading at the City Commission Regular Meeting on January 13, 2026.
Ordinance 2026-01 has been reviewed by the City Attorney and is legally correct as to form.
In accordance with Florida Statutes Section 166.041(4)(a), a Business Impact Estimate was posted on the City’s website on November 18, 2025.
Strategic Plan Pillar
Good Governance
Financial Impact
Adoption of Ordinance 2026-01 does not have any direct fiscal impact. However, the City’s ability to collect outstanding liens through special assessment would result in additional revenue to the General Fund.
Procurement
Not applicable.
Attachments:
1. Ordinance No. 2026-01
2. Business Impact Estimate
Prepared by: Alaina Ray, AICP, Development Services Director
Department Director: Alaina Ray, AICP, Development Services Director