Ordinance 84-2440 ORDINANCE NO. 84-2440
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA AMENDING §14A-11, §25-39 . 3 (b) , §44-6 ,
§41-57 , AND §45-12 (a) OF THE MIAMI BEACH CITY
CODE TO PROVIDE FOR THE RECOVERY OF COLLECTION
COSTS AND REASONABLE ATTORNEY FEE INCURRED BY
THE CITY OF MIAMI BEACH IN THE COLLECTION OF
GARBAGE, FALSE ALARM, TRAFFIC, RESORT TAX, AND
WATER FEES, LIENS AND PENALTIES; PROVIDING FOR
REPEAL OF CONTRARY ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1:
Section 14A-11 of the Code of the City of Miami Beach is amended
to read as follows:
Sec. 14A-11. Liens; penalty for delinquency
in payment of fees.- ; payment of collection
costs and attorney ' s fees.
All services charges becoming due and payable
on and after the effective date of this
chapter shall constitute, and are hereby
imposed, as speelal assessment liens against
the real property aforesaid, and, until fully
paid and discharged, shall remain liens
equally in rank and dignity with the elby ad
valeeem taxes; and stypeeler In Bank and
dlgnl y to all ether liens; eneumbranees;
tlbles and elalms ln; be ee against the real
preperty }nwelvee77 liens acquired by virtue
of the City Charter. Such service charges
shall become delinquent if not fully paid
within fifteen days after due date. All
delinquent service shall bear a penalty of ten
percent thereon to be added to the delinquent
account (s) . Unpaid and delinquent service
charges, together with all penalties imposed
thereon, shall remain and constitute speelal
assessment liens against the real property
involved. Such speelal assessment liens for
service charges and penalties shall be
enforced by any of the methods provided in
chapter 86 , Florida Statutes, or, in the
alternative, foreclosure proceedings may be
instituted and prosecuted under the provisions
of ehaptei 173; applicable to practice,
pleading, and procedure for the foreclosure of
mortgages on real estate set forth in Florida
Statutes , or the collection and enforcement of
payment thereof may be accomplished by any
other method authorized by law. The owner
and/or operator shall pay all costs of
collection, including reasonable attorney
fees, incurred in the collection of fees,
service charges, penalties and liens imposed
by virtue of this chapter.
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Revised 11/9/84
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
SECTION 2:
Section 25-39 . 3 (b) of the Code of the City of Miami Beach is
hereby amended to read as follows:
Sec. 25-39. 3 (b) . Appeal; Penalty ; Payment of
collection costs and attorney fees.
Sec. 25-39.3 (b) . Absent an appeal being taken
as provided for herein, should a violation of
this section continue past a reasonable time
of thirty (30) days for correction, or should
an alarm user fail to pay the fees assessed
for a violation within thirty (30) days of
when due, in addition to any other penalties
imposed by law, a fine not to exceed five
hundred dollars may be imposed by the City of
Miami Beach Code Enforcement Board or by a
court of competent jurisdiction for each and
every violation of this section. The alarm
user shall pay all costs of collection,
including reasonable attorney fees, incurred
in the collectionp of false alarm fees,
penalties and liens imposed by virtue of this
section.
SECTION 3:
Section 44-6 of the Code of the City of Miami Beach is hereby
amended to read as follows:
Sec. 44-6 . Required obedience to chapter ;
payment of collection costs and attorney fees.
It shall be unlawful for any person to do any
act forbidden or fail to perform any act
required in this chapter. The operator , owner
and/or other person violating this chapter
shall pay all costs of collection, including a
reasonable attorney fees, incurred in the
collection of traffic violations, fines and
penalties imposed by virtue of this chapter.
SECTION 4 :
Section 45-12 (a) of the Code of the City of Miami Beach is amended
to read as follows:
Sec. 45-12. Delinquent accounts; payment of
collection costs and attorney fees; creation
of liens.
Sec. 45-12 (a) . All bills and accounts
rendered and charges made by the pehlte wofks
department city' s utility billing system which
are in arreas as provided in these rales this
chapter , shall be termed delinquent accounts.
The owner and/or consumer of any premises
supplied by water and/or sewer services by the
city shall pay all costs of collection,
including reasonable attorney fees, incurred
in the collection of charges, bills, accounts,
liens and penalties imposed by virtue of this
chapter .
-2-
Revised 11/9/84
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139
SECTION 5:
Section 41-57 of the Code of the City of Miami Beach is hereby
amended to read as follows:
Sec. 41-57. Actions by City to collect tax7 ;
payment of collection costs and attorney fees.
Any tax required to be paid by any occupant or
guest under the provisions of this article
shall be deemed a debt owed by the occupant or
guest to the city. Any such tax collected by
an operator which has not been paid to the
city shall be deemed a debt owed by the
operator to the city. Any person owing money
to the city under the provisions of this
article shall be liable to an action brought
in the name of the city for recovery of such
amount T and shall pay all costs of
collection, including a reasonable attorney
fees, incurred in the collection of such
amount.
SECTION 6 - REPEALER:
All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 7 - SEVERABILITY:
If any article, section, subsection, sentence, clause, phrase or
portion of this ordinance is, for any reason, held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision, and such holding shall not affect the validity of the
remaining portions of this ordinance.
SECTION 8 - EFFECTIVE DATE:
This ordinance shall take effect ten (10) days after adoption in
accordance with law on October 13, 1984 , 1984 .
PASSED and ADOPTED this 3rd day of October
1984 .
a /
—_ —MAYOR
ATTEST:
?.,,e0p.A. ;6FORM APPROVED
City Clerk
1st Reading - September 5, 1984 LEGA. T.
2nd Reading - October 3, 1984
"By , ►_iAL
A.9144DJhd -3- Date
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139
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