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Ordinance 90-2705 ORDINANCE NO. 90-2705 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 45- 12 (d) OF THE MIAMI BEACH CITY CODE, SAID SECTION ENTITLED "DELINQUENT ACCOUNTS; PAYMENT OF COLLECTION COSTS AND ATTORNEY FEES; CREATION OF LIENS" PROVIDING THAT EXISTING LIENS OR LIENS IMPOSED HEREAFTER FOR UNPAID WATER SERVICE CHARGES SHALL BE TREATED WITH THE SAME CHARACTER AND DIGNITY AS SPECIAL ASSESSMENT LIENS, WITH SERVICE CHARGES ASSESSED FOR DELINQUENT CHARGES AT THE MAXIMUM RATE OF INTEREST ALLOWABLE BY LAW; PROVIDING THAT SUCH LIENS SHALL BE FORECLOSED UNDER GENERAL PROVISIONS OF LAW APPLICABLE TO FORECLOSURE OF MORTGAGES OR PURSUANT TO THE PROVISIONS OF CHAPTER 173, FLORIDA STATUTES; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. That Section 45-12 (d) of the Miami Beach City Code, said section entitled "Delinquent accounts; payment of collection costs and attorney fees; creation of liens", is hereby amended to read as follows: SECTION 45-12 . DELINQUENT ACCOUNTS; PAYMENT OF COLLECTION COSTS AND ATTORNEY FEES; CREATION OF LIENS. * * * (d) When water is furnished to the owner or occupants of any premises, the charge for such water service shall be and constitute a lien against the premises, and shall become effective and binding as such lien from the date upon which the account becomes due, unpaid and in arrears. Existing liliens and liens imposed hereafter accrued as set out in this paragraph shall be treated as e-€—the same dignity a3 liens acquired by virtue of the city Charter whereby an interest rate of ten percent shall accrue to such delinquent accounts special assessment liens against the subject real property, and until fully paid and discharged, shall remain liens equal in rank and dignity with the lien of ad valorem taxes, and shall be superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved; the maximum rate of interest allowable by law shall accrue to such delinquent accounts. Such liens for service charges and penalties shall be enforced by any of the methods provided in chapter 86, Florida Statutes, or, in the alternative, 1 foreclosure proceedings may be instituted and prosecuted under the provisions applicable to practice, pleading, and procedure for the foreclosure of mortgages on real estate set forth in Florida Statutes, or may be foreclosed per Chapter 173 , 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 crapter. The remedy provided in this paragraph shall be cumulative and shall not be construed to waive the right of the city to require payment of any bill in arrears before renewing water service to the premises in question. SECTION 2 . REPEALER That all ordinances or parts of ordinances in conflict be and the same are hereby repealed. SECTION 3 . SEVERABILITY If any section, sub-section, sentence, clause, phrase or portion of this ordinance is for any reason, held invalid or unconstitutional by a 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 4 . EFFECTIVE DATE That this ordinance shall take effect ten (10) days after its adoption, on September 15 , 1990. PASSED AND ADOPTED this 5th day of September, 1990 MAYOR ATTEST: ;%.,4 TY CLERK 1st reading 7/25/90 2nd reading 9/5/90 YG/yc FORM APPROVED LE AL DEP 2 Date • OFFICE OF THE CITY ATTORNEY 41P4 • cam- •rtim 751ead F F L O R I D A J .f �g *t.i cxoar'%..1 *' 1 LAURENCE FEINGOLD P O BOX O CITY ATTORNEY MIAMI BEACH, FLORIDA 33119-2032 TELEPHONE (305)673-7470 • TELECOPY (305)673-7002 • • COMMISSION MEMORANDUM NO. _101-90 DATE: J UL7f 25, 1990 TO: Mayor Alex Daoud and • Members of the City Commission City Manager Rob W. Parkins • FROM: Laurence Feingold City Attorney SUBJECT: AMENDMENT TO MIAMI BEACH CITY CODE SECTIONS 14A-11 AND • 45-12 (D) AUTHORIZING THE IMPOSITION AND FORECLOSURE OF MUNICIPAL LIENS. The attached ordinances amending Sections 14A-11 and 45-12 (d) of the Miami Beach City Code, providing for the imposition of special assessment liens on real property (thus taking priority in • foreclosures over all other liens while being in parity with ad valorum taxes) was presented to the City Commission at its July 11, 1990 meeting for first reading. Since that time, the City Attorney's office has had occasion to review all of the sections in the City Code pertaining to municipal liens on property, and the foreclosure thereof; in this regard, all of the relevant City Code Sections, including the subject sections 14A-11 and 45-12 (d) , are being amended to not only dessignate municipal liens as "special assessment liens" , but further to provide that such liens shall be foreclosed under general provisions of law applicable to foreclosure of mortgages, or pursuant to the provisions of Chapter 173 , Florida Statutes. • ' In light of the substantial change to the subject ordinances amending Code sections 14a-11 and 45-12 (d) , a second reading of these ordinances will be required at the first Commission meeting in September, 1990. 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