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Ordinance 1247 ORDINANCE NO. 1247 AN ORDINANCE AMENDING CHAPTER 34 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 : That Section 34.4 of "The Code of the City of Miami Beach, Florida, 1950" , reading as follows : "Sec . 34.4. When unpaid taxes become delinquent; interest . All unpaid taxes upon real estate shall be delinquent on April first of the year following the year in which such taxes were assessed, but shall bear interest only from the date of sale of such lands for such unpaid taxes at the rate demanded by the successful bidder at such sale, for the first year, and at the rate of eight per cent per annum for the time after the first year." be and the same is hereby amended to read as follows : "Sec . 34.4. When unpaid taxes become delinquent; interest. All taxes levied by the City of Miami Beach upon real property shall from the first day of January of the year for which the assessment is made constitute liens on the property that the same shall have been levied against, and shall be deemed to be delinquent on April 1st of the year following the year for which assessed." SECTION 2: That Sections 34.5 through 34.10, both inclusive, of "The Code of the City of Miami Beach, Florida, 1950" be and the same are hereby repealed. SECTION 3: That Chapter 34 of "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended by adding new Sections to be numbered and to read as follows : "Sec . 34 .5 • Interest to be paid on delinquent taxes . Upon real property becoming delinquent for the non-payment of taxes no tax sale shall be held and no tax sale certificate shall be issued, but the amount of taxes shall, from the date they become delinquent, draw interest at the rate of five per cent per annum for the first year, and eight per cent per annum thereafter until paid . Sec . 34.6. Mode of collection of unpaid real property taxes . Delinquent real property taxes shall be collected in the manner hereinafter set forth. On April 1st of each year, or as soon thereafter as practicable, the City Tax Collector shall prepare -1- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA a sworn Certificate in duplicate, setting forth therein the description of all real property in the City upon which taxes are delinquent; the name of the owner thereof as returned; and the amount of delinquent taxes on each parcel of real property listed thereon, and the year or years for which the same are delinquent . One of such lists shall be retained by the Tax Collector, and one shall be recorded by him in the office of the Clerk of the Circuit Court, in and for Dade County, Florida . Said Certificate shall be attested by the City Clerk, who shall also affix the City seal thereto and shall be substantially in the following form: STATE OF FLORIDA) COUNTY OF DADE) Claim of Lien for Delinquent Real Property Taxes The City of Miami Beach, a municipal corporation existing under the laws of the State of Florida, by and through its undersigned Tax Collector asserts its claim of lien against the real property hereinafter described for taxes duly levied thereon, and delinquent as hereinafter set forth. That the description of the real property on which taxes are delinquent; the name of the owner thereof, as returned; the amount of such delinquent taxes; and the date of such delinquency are respectively as follows : Amount of Description of Delinquent Date of Real Property Owner Taxes Delinquency (Here set forth items as specified) Dated at Miami Beach, Dade,County, Florida, this day of , 19 . Attest : CITY OF MIAMI BEACH (Seal of the City of By Miami Beach) Tax Collector City Clerk Sworn to and subscribed by Tax Collector of the City of Miami Beach, Florida, before me, the undersigned authority, this day of , 19 Signature of duly authorized officer or notary public) -2- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA That after real property taxes for any one year shall have been delinquent for two full years, the City Tax Collector shall certify such delinquent taxes, together with all other prior delinquent taxes to the City Council which may then, or thereafter, in its discretion, order and direct that the lien of such delinquent taxes, together with all subsequent taxes which shall have become due and payable, be foreclosed in the manner provided by the practice of Courts of the State of Florida for the foreclosure of mortgages and other liens against real property. Sec . 34.7 . Provisions for payment of delinquent taxes . Any person, or agent of any person, owning or claiming real property, or any part or parcel thereof, or any interest therein, upon which taxes are delinquent may redeem the same at any time prior to the issuance of a tax deed, provided, however, that in the event that such payment and redemption is made subsequent to the recording of the Claim of Lien as herein provided for but prior to the institution of foreclosure proceedings, the person making such payment or redemption shall be required to pay, in addition to the amount of such delinquent taxes, and interest thereon, a fee of fifty cents to defray the cost of the execution of a satisfaction of Lien by the City Tax Collector, and, further provided, that in the event that such payment and redemption is made subsequent to the institution of foreclosure proceedings, the person making such payment or redemption shall be required to pay, in addition to the amount of such delinquent taxes, and interest thereon, a proportionate share of the costs of such foreclosure proceedings, such costs to be apportioned among and charged against the various parcels of land involved in such proceedings in proportion to the amount of delinquent taxes due and owing thereon, or as may be otherwise determined by the Court having jurisdiction of said proceedings ." SECTION 4: This ordinance shall go into effect immediately upon its passage and posting as required by law . PASSED and ADOPTED this 20th day of February , A.D. 1957 . Mayor Attest: 1 i y e; { 1st reading - February 6, 1957 2nd reading - February 6, 1957 3rd reading - February 20, 1957 POSTED - February 20, 1957 -3- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA STATE OF FLORIDA COUNTY OF DADE: I, R. WM. L. JOHNSON, City Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 1247 , entitled: "AN ORDINANCE AMENDING CHAPTER 314 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950' " having been passed and adopted by the City Council of the City of Miami Beach, Florida, has been posted by me in three conspicuous places in the City of Miami Beach, one of which was at the door of the City Hall in said City on the 20th day of February, 1957 and that said Ordinance remained posted for a period of at least thirty days in accordance with the requirements of the City Charter of the said City of Miami Beach. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida, on this the 1st day of May, A.D. 1957 . e, City Cirk Y au vi[ I V O O TS O • ZJ U O 4-) 4-i 4-i a) C` O O 0 N H ) H (Yl U2 ri a 0 m 0C2 Z 4-) ;-1 H W cd E—i 0 0 .4 hO H Z 4- O Z ta0 a) H s~ a) 0 r:1 H CP Ot~ E Nri (t) rlr' H a) dWQ