Ordinance 83-2397 ORDINANCE NO. 83-2397
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING
SECTIONS 14A-11 AND 45-11 (c) OF THE CODE OF
THE CITY OF MIAMI BEACH, FLORIDA, TO PROVIDE
THAT WATER, SEWER AND GARBAGE BILLS AND
SERVICE CHARGES SHALL BE CONSIDERED PAID UPON
THE DATE PAYMENT IS RECEIVED BY THE CITY OF
MIAMI BEACH FINANCE DEPARTMENT; PROVIDING FOR
REPEAL OF CONFLICTING ORDINANCES; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
SECTION 1:
That section 14A-11 of the City Code of the City of Miami Beach,
Florida, be amended to read as follows:
Section 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 shall
constitute, 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 involved. 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 percent thereon to be added to
the delinquent account (s) . Unpaid service charges,
which are additionally referred to as fees by this
Chapter , shall be considered delinquent by reference to
the date payment is actually received by the cashier of
the Finance Department, regardless of the postmark date .
The date of receipt by the Finance Department shall be
taken as the date of payment for all remittances by mail
for the fees and service charges due. 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 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 2 :
That section §45-11 (c) is hereby amended to read as follows:
The date e€ eaneella€ ee by the pest of ee depaftteen€
payment is actually received by the cashier of the
Finance Department, regardless of the postmark date,
shall be taken as date of payment for all remittances by
mail for bills and accounts due. te the publle weeks
depaft en€-
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
SECTION 3 : OTHER ORDINANCES .
All other ordinances or parts of ordinances in conflict herewith
be and the same are hereby repealed.
SECTION 4: SEVERABILITY.
If any article , section, subsection, 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 the ordinance.
SECTION 5 : EFFECTIVE DATE.
This ordinance shall take effect ten (10) days after adoption in
accordance with law on December 31st , 1983 .
PASSED and ADOPTED this 21st day of December
1983 .
•
M YOR
ATTEST:
/` Qt+A-tib
CITY CL RK
1st Reading - December 7, 1983
2nd Reading - December 21 , 1983
(REQUESTED BY THE FINANCE DIRECTOR)
RESR/jhd
1193D
FORM APPROVED
LEGAL DEPT.
BY _:•,fi l. , pe44
Date_ j
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
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