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Ordinance 83-2352 ORDINANCE NO. 83-2352 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTIONS 30 (V) AND 30 (W) OF THE MIAMI BEACH CITY CHARTER AND SECTIONS 14A-11, 45-11 (a) , 45-11 (b) , 45- 12 , 17B-22 AND 9B-6 OF THE MIAMI BEACH CITY CODE TO INCREASE THE PENALTY OR RATE OF INTEREST ON ALL CITY OF MIAMI BEACH LIENS TO TEN PERCENT (10%) . BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Sections 30 (V) and 30 (W) of the City Charter of the City of Miami Beach, Florida are amended to read as follows: Sections 30 (V) and 30 (W) • (v) Thirty days after the confirmation of the assess- ments the amounts apportioned and assessed shall be due and payable at the office of the finance director except as to any property, including railroads, whose owners shall have filed a petition in the circuit court as here- inabove provided, which assessments shall be due and pay- able eleven days after the decision of the court there- upon, but not within said thirty days; but it shall be lawful for the city commission to provide by resolution that if the owner of any lot or parcel assessed in excess of twenty-five dollars shall file with the finance direc- tor before such date on which full payment is required his written undertaking waiving all irregularity and il- legality in connection with the said assesssment against such lot or parcel, he shall have the privilege of paying the same in equal annual payments in each of the ten suc- ceeding years, or such shorter period as may be fixed by the city commission, at the time in said years at which the general city taxes are due and payable, with interest upon such deferred installments at the rate of s4m ten percent (10%) per annum, payable anually from the date such assessment would be due if such undertaking were not filed and upon the filing of any such undertaking the as- sessments embraced by it shall be payable at the time or times so fixed and with such interest, but any assessment whose payment shall be so deferred may be paid at any time when accompanied by the payment of interest accrued thereon and that which will accrue to the next succeeding annual date for payment; provided, however , that nothing herein contained shall be deemed to prevent the city com- mission from extending the time in which such undertaking as to any one or more lots or parcels of land shall be filed. (w) The said assessments shall constitute a lien upon the property so assessed from the date of the passage of the resolution ordering the improvement, of the same nature and to the same extent as the lien for general city taxes, and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and forfeiture as city taxes are collectible. Collections of such assessments may also be made by the city by proceedings in a court of equity to foreclose the lien of assessments as a lien for mortgages is or may be foreclosed under the laws of the state, and it shall be -1- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 lawful to join in any bill for foreclosure any one or more lots or parcels of land, by whomsoever owned, if as- sessed for an improvement ordered by the same resolution; provided that failure to pay any installment of principal or interest of any assessment when such installment shall become due shall without notice or other proceedings cause all installments of principal remaining unpaid to be forthwith due and payable, with interest thereon at s pe eentem ten percent (10%) ; but if before any sale of the property for delinquent assessments, the amount of such delinquency shall be paid with all penalties, interest and cost, further installments of the principal shall cease to become so due and payable, and shall be due and payable at the times set forth in or contemplated by said written undertaking. SECTION 2: Section 14A-11, of the Code of the City of Miami Beach, Florida is 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 chapter2 shall consti- tute, and are hereby imposed, as special assessment 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 in- volved. Such service charges shall become delinquent if not fully paid within fifteen days after due date. All delinquent service charges shall bear a penalty of eight ten percent (10%) 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 provided in chapter 86 , Florida Statutes, or , in the alternative, foreclosure proceedings may be insti- tuted 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. (Ord. No. 1621, 51; Ord. No. 1629, 53; Ord. No. 73-1967 , §2; Ord. No. 79-2184 , 53 . ) SECTION 3 : Section 17B-22 of the Code of the City of Miami Beach, Florida is amended to read as follows: Section 17B-22. Penalty for violation of chapter; reme- dial enforcement procedures. It shall be unlawful for any person to fail to comply with the minimum standards established by this chapter , or to fail or refuse to comply with the requirements of any final order issued in accordance with the provisions of this chapter . If any person shall knowingly fail or -2- OFFICE OF THE CITY ATTORNEY- 1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139 refuse to obey or comply with, or willfully violates any of the provisions of this chapter , or any lawful final order issued hereunder , such person, upon conviction of such offense, shall be punished by a fine not to exceed five hundred dollars, or by imprisonment not to exceed thirty days in the city jail, or both at the discretion of the court. Each day of continued violation shall be considered as a separate offense, however , the imprison- ment provision of this section shall not be applicable to more than one violation which is a recurring or continu- ing violation on consecutive dates. The provisions of this chapter and final orders issued in accordance with the provisions of this chapter may be enforced by manda- tory injunction or other appropriate civil action. As a cumulative and supplemental method of enforcing the remedial purposes of this chapter , the code enforcement officer is authorized, empowered and directed, in the event of a willful and intentional failure or refusal to obey or comply with the requirements of any final order issued in accordance with the provisions of this chapter ten days after date of receipt of such notice, to carry out or cause to be carried out the provisions of such final order. Bids may be requested for the work and material as a whole or for any part thereof, separately. The code enforcement officer shall have the right to re- ject any or all bids, and if all bids are rejected, the enforcement officer may readvertise for all or part of such work and materials, or may determine to do all or a part of the work by city forces. After a contract shall have been entered into for any work or materials required for compliance, or if the work or materials are performed or furnished by city forces, the enforcement officer shall prepare an appropriate claim of lien, which shall set forth the following: A description of the lots and parcels of land involved, the name of the owner of each lot or parcel where such can be ascertained from the city records and the total cost of the work and materials which, if made by contract, shall be the price named therein, or the price computed from unit prices named therein, taking into consideration minor changes and al- terations found necessary, but if city forces shall do the work or furnish the material, the actual cost of such work or material, and in all cases the amount of inciden- tal expenses, estimated or actual. Such claim of lien shall thereupon be filed of record in the public records of the county, and shall be dischargeable upon payment thereof in the same manner as other claims of lien for taxes or special assessments are discharged and satisfied with interest at a rate of ten percent (10%) . (Ord. No. 1582 , §1. 14; Ord. No. 1831, §2 , Ord. No. 73-1949 , §13 ; Ord. No. 74-1996 , §1. ) SECTION 4 : Sections 45-11 (a) and 45-11 (b) of the Code of the City of Miami Beach, Florida are hereby amended to read as follows: Sec. 45-11. Payment of bills. (a) Payment of all bills and accounts of the public works department must be made to the city cashier in the Iit}I4fy b}Illag effee city finance department. (b) All water and sewer bills, except those ren- dered to the Army or to any federal agency, shall be paid within fifteen days from the date of the bill. Bills rendered to the Army or any federal agency shall be paid within forty-five days from date of bill. .An eight A ten percent penalty shall be added to all water bills, except -3- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139 those rendered to the Army or any federal agency, if not paid within fifteen days from the date of bill. An a ght A ten percent penalty shall be added to all bills ren- dered to the Army or any federal agency if not paid with- in forty-five days from the date of the bill. SECTION 5 : Section 45-12 of the Code of the City of Miami Beach is amended to read as follows: Sec. 45-12. Delinquent accounts; creation of liens. (a) All bills and accounts rendered and charges made by the public works department which are in arrears as provided in these rules, shall be termed delinquent ac- counts. (b) All delinquent accounts, including metered water supply and sewer service, may cause the service of the public works department to be discontinued and the water supply to be shut off from and to the premises of the owner or consumer from whom such account is in arrears, in accordance with the provisions contained in section 45-11 (g) , regardless of the status of the owners other accounts. A disconnect' charge of ten dollars shall be assessed against such consumer or customer and the water not turned on to any premises until a ten dollar turn-on fee has been paid for each meter. (Ord. No. 82-2343 , §5) (c) When an owner or consumer vacates or sells pro- perty leaving a delinquent bill against such property vacated or sold, the public works department may, at its option, refuse service on any other service the same owner or consumer may be using or intends to use in the future until the date the original delinquent account is paid, regardless of whether the other accounts of the owner or consumer are in good standing or not. (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 ar- rears. Liens accrued as set out in this paragraph shall be of the same dignity as liens acquired by virtue of the city charter whereby an interest rate of ten percent (10%) shall accrue to such delinquent accounts. 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. (Code 1950 , §38 . 12; Ord. No. 79-2185 §§1,6 . ) (e) When water supply has been shut off from and to the premises of the owner or consumer from whom such account is in arrears, and said water supply is found to have been turned on by other than authorized public works per- sonnel, a twenty-five dollar charge shall be assessed against such owner or consumer for the insertion of solid washers in subject meters and/or the removal of the sub- ject meters in order to prevent unauthorized usage of the city water supply. (Ord. No. 82-2343 , §5. ) SECTION 6 : Section 9B-6 of the Code of the City of Miami Beach is amended to read as follows: • -4- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 Sec. 9B-6. Fines. The board, upon notification by the code inspector that a previous order of the board has not been complied with by the set time, may order the violator to pay a fine not to exceed five hundred dollars for each day the violation continues past the date set for compliance. A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists. After one year from the filing of any such lien which remains unpaid, the board may authorize the city attorney to foreclose on the lien. Said lien will carry with it an interest rate of ten percent (10%) as do all other liens imposed by the city. (Ord. No. 80-2232 , §1. ) SECTION 7: REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 8 : SEVERABLITY. If any 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 effect the validity of the remaining portions of this ordinance. SECTION 9: EFFECTIVE DATE. This ordinance shall take effect 10 days after its adoption, on January 15, 1983. PASSED and ADOPTED this 5th day of January, 1983. Mayor ATTEST: u,ti�v City lerk 1st Reading 12/15/82 2nd Reading 1/5/83 APPROVED LEGAL DEPT. B _/ ►.i.-47144_ Si S3 JAR/KK: jj :ab173a -5- • OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 ,.0 N +� Lc") N ,-G •, a) V E H ppCC�� 0 U r-I CCI Ut S� rI M U r--I N 1 O O I "� • 003 �t Z • ) N H • O C7 O M cti 0 (1) H• Z1-1 O W ON r-I • I O O zv H O r-i 'O 4) 1=4M I Pel Ri O • <4c 7-+ \ +� �t 0 a) • 0 O Cl) +1 0 0 • U r1 T1 N N .IJ V) N H CO ) r-I Q..H i