Ordinance 79-2184ORDINANCE NO. 79-2184
AN ORDINANCE AMENDING CHAPTER 14A OF THE CITY
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, RELATING
TO GARBAGE AND WASTE; TO PROVIDE FOR THE LIABILITY
OF THE OWNER, RESIDENT OR OCCUPANT FOR FEES; ADDING
A NEW SECTION AUTHORIZING A SINGLE UTILITY BILLING
SYSTEM; AND PROVIDING THAT SERVICE CHARGES NOT PAID
FULLY WITHIN 15 DAYS AFTER DUE DATE SHALL BEAR A
PENALTY OF 8% TO BE ADDED TO THE DELINQUENT ACCOUNT(S);
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR
PASSAGE AS AN EMERGENCY MEASURE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: That Section 14A-8 of the Code of the City of Miami Beach,
Florida, is hereby amended to read as follows:
"Sec. 14A-8. Liability for fees.
In case of all buildings situated in all areas of
the city, it shall be the responsibility and lia-
bility of the owner, resident or occupant thereof
to pay the proper service fee and to furnish the
necessary number of garbage cans and trash containers
for such building in accordance with the established
need therefor as determined by the director of public
works. A commercial establishment in the same building
with a residential unit or with another commercial
establishment, even though under the same ownership,
shall not be considered a part of such residential
unit or other commercial establishment, but shall be
treated as a separate commercial establishment upon
which a separate waste fee shall be due. The operator
of a principal business on a premises shall be con-
sidered as the operator of any leased department
conducted as a part of or along with the principal
business for the purpose of fixing responsibility of
paying the necessary service fee and furnishing the neces-
sary garbage and trash containers. Stores, etc., should
paint their name and street number on their cans to
prevent theft and use by others.
The service fee required and imposed hereby is the
sale ultimate responsibility of the owner, lesser-er
eperater of the building, and nothing contained in
this chapter is to be construed or interpreted so as
to impose the responsibility and liability for the
payment of same upon the residential tenant or occu-
pant of any hotel or apartment house."
SECTION 2: That Chapter 14A-8 of the Code of the City of Miami Beach,
Florida, be and the same is hereby amended by adding thereto
a new section to be designated 14A-8.1 which shall immediately follow
Section 14A-8 and shall read as follows:
"Sec. 14A-8.1. Single Utility Building*
The City Finance Director, may direct Utility Billing
to issue one itemized water and sewer bill, where
practicable, for all water meters billed to a given
owner or consumer on a given parcel of property or
properties. In addition, he may direct, where practi-
cable, that the appropriate charges for garbage and
*NOTE: This word should be Billing.
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
waste fees be included on any bill rendered for
water and sewer charges. Said combined bills are
subject to all provisions as set forth in Chapters
45 and 14A of the Code of the City of Miami Beach."
SECTION 3: That Chapter 14A-11 of the Code of the City of Miami
Beach, Florida, be and the same is hereby amended to
read as follows:
"Sec. 14A-11. Liens; penalty for delinquency in
payment of fees.
All service charges becoming due and payable on and
after the effective date of this chapter 2 shall
constitute, and are hereby imposed, as special assess-
ment liens against the real property aforesaid, and,
until fully paid and discharged, shall remain liens
equally in rank and dignity with the city ad valorem
taxes, and superior in rank and dignity to all other
liens, encumbrances, titles and claims in, to or
against the real property involved. Such service
charges shall become delinquent if not fully paid
within thirty -days fifteen days after due date. All
delinquent service charges shall bear a penalty of
eae eight per cent per-menth-trei -dtie-date thereon
to be added to the delinquent account(s). Unpaid and
delinquent service charges, together with all penalties
imposed thereon, shall remain and constitute special
assessment liens against the real property involved.
Such special assessment liens for service charges and
penalties shall be enforced by any of the methods pro-
vided in chapter 86, Florida Statutes, or, in the
alternative, foreclosure proceedings may be instituted
and prosecuted under the provisions of chapter 173,
Florida Statutes, or the collection and enforcement of
payment thereof may be accomplished by any other method
authorized by law."
SECTION 4: That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 5: That the City Commission of the City of Miami Beach,
Florida, having found and determined that a public
emergency exists affecting life, health, property or public safety,
this Ordinance is hereby adopted as an emergency measure and shall
go into effect immediately upon its adoption.
PASSED and ADOPTED this 17th day of Octob;r, 1979.
Attest:
City Clerk
yor
Passed and Adopted as an Emergency Measure - October 17, 1979
Words in st iek-threugh type are deletions from
existing Ordinance;
Words in underscored type are additions.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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