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
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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
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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
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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:
•
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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:
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City lerk
1st Reading 12/15/82
2nd Reading 1/5/83
APPROVED
LEGAL DEPT.
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
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