Ordinance 90-2705 ORDINANCE NO. 90-2705
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING SECTION 45-
12 (d) OF THE MIAMI BEACH CITY CODE, SAID
SECTION ENTITLED "DELINQUENT ACCOUNTS; PAYMENT
OF COLLECTION COSTS AND ATTORNEY FEES; CREATION
OF LIENS" PROVIDING THAT EXISTING LIENS OR
LIENS IMPOSED HEREAFTER FOR UNPAID WATER
SERVICE CHARGES SHALL BE TREATED WITH THE SAME
CHARACTER AND DIGNITY AS SPECIAL ASSESSMENT
LIENS, WITH SERVICE CHARGES ASSESSED FOR
DELINQUENT CHARGES AT THE MAXIMUM RATE OF
INTEREST ALLOWABLE BY LAW; PROVIDING THAT SUCH
LIENS SHALL BE FORECLOSED UNDER GENERAL
PROVISIONS OF LAW APPLICABLE TO FORECLOSURE OF
MORTGAGES OR PURSUANT TO THE PROVISIONS OF
CHAPTER 173, FLORIDA STATUTES; PROVIDING FOR
REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA.
SECTION 1.
That Section 45-12 (d) of the Miami Beach City Code, said
section entitled "Delinquent accounts; payment of collection costs
and attorney fees; creation of liens", is hereby amended to read as
follows:
SECTION 45-12 . DELINQUENT ACCOUNTS; PAYMENT OF COLLECTION
COSTS AND ATTORNEY FEES; CREATION OF
LIENS.
* * *
(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
arrears. Existing liliens and liens imposed hereafter
accrued as set out in this paragraph shall be treated as
e-€—the same dignity a3 liens acquired by virtue of the
city Charter whereby an interest rate of ten percent
shall accrue to such delinquent accounts special
assessment liens against the subject real property, and
until fully paid and discharged, shall remain liens equal
in rank and dignity with the lien of ad valorem taxes,
and shall be superior in rank and dignity to all other
liens, encumbrances, titles and claims in, to or against
the real property involved; the maximum rate of interest
allowable by law shall accrue to such delinquent
accounts. Such liens for service charges and penalties
shall be enforced by any of the methods provided in
chapter 86, Florida Statutes, or, in the alternative,
1
foreclosure proceedings may be instituted and prosecuted
under the provisions applicable to practice, pleading,
and procedure for the foreclosure of mortgages on real
estate set forth in Florida Statutes, or may be
foreclosed per Chapter 173 , Florida Statutes, or the
collection and enforcement of payment thereof may be
accomplished by any other method authorized by law. The
owner and/or operator shall pay all costs of collection,
including reasonable attorney fees, incurred in the
collection of fees, service charges, penalties and liens
imposed by virtue of this crapter. 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.
SECTION 2 . REPEALER
That all ordinances or parts of ordinances in conflict be and
the same are hereby repealed.
SECTION 3 . SEVERABILITY
If any section, sub-section, 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 this ordinance.
SECTION 4 . EFFECTIVE DATE
That this ordinance shall take effect ten (10) days after its
adoption, on September 15 , 1990.
PASSED AND ADOPTED this 5th day of September, 1990
MAYOR
ATTEST:
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TY CLERK
1st reading 7/25/90
2nd reading 9/5/90
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FORM APPROVED
LE AL DEP
2
Date
• OFFICE OF THE CITY ATTORNEY 41P4
• cam- •rtim 751ead
F F L O R I D A
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1 LAURENCE FEINGOLD P O BOX O
CITY ATTORNEY MIAMI BEACH, FLORIDA 33119-2032
TELEPHONE (305)673-7470
• TELECOPY (305)673-7002
•
•
COMMISSION MEMORANDUM NO. _101-90
DATE: J UL7f 25, 1990
TO: Mayor Alex Daoud and
•
Members of the City Commission
City Manager Rob W. Parkins
•
FROM: Laurence Feingold
City Attorney
SUBJECT: AMENDMENT TO MIAMI BEACH CITY CODE SECTIONS 14A-11 AND
• 45-12 (D) AUTHORIZING THE IMPOSITION AND FORECLOSURE OF
MUNICIPAL LIENS.
The attached ordinances amending Sections 14A-11 and 45-12 (d) of
the Miami Beach City Code, providing for the imposition of special
assessment liens on real property (thus taking priority in
• foreclosures over all other liens while being in parity with ad
valorum taxes) was presented to the City Commission at its July 11,
1990 meeting for first reading. Since that time, the City
Attorney's office has had occasion to review all of the sections
in the City Code pertaining to municipal liens on property, and the
foreclosure thereof; in this regard, all of the relevant City Code
Sections, including the subject sections 14A-11 and 45-12 (d) , are
being amended to not only dessignate municipal liens as "special
assessment liens" , but further to provide that such liens shall be
foreclosed under general provisions of law applicable to
foreclosure of mortgages, or pursuant to the provisions of Chapter
173 , Florida Statutes.
•
' In light of the substantial change to the subject ordinances
amending Code sections 14a-11 and 45-12 (d) , a second reading of
these ordinances will be required at the first Commission meeting
in September, 1990.
LF/JKO/rg
•
•
AGENDA ,
ITEM
DATE — G-q Q •
1700 CONVENTION CENTER DRIVE.-- FOURTH FLOOR — MIAMI BEACH FLORIDA 33139
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