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1950" be and the same are hereby repealed.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
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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)
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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
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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 .
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