§ 42-136. Collection; liens.

(a)

Fees shall be billed to the owner, tenant or occupant of each developed property. If the fees are not fully paid by the owner, tenant or occupant on or before the past due date on the bill, a ten percent late charge shall be added to the bill and imposed by the utility. Any unpaid balance for such fees and late charge shall be subject to an interest charge at the rate of eight percent per annum. Imposition of the interest charge shall commence 60 days after the past due date of the fees identified on the bill.

(b)

Fees and late charges, together with any interest charges, shall be debts due and owing the utility and shall be recoverable by the city on behalf of the utility in any court of competent jurisdiction.

(c)

The utility shall establish procedures to notify owners, tenants, occupants and managers of developed property of delinquent fee accounts.

(d)

All fees, late charges and interest accruing thereupon, due and owing to the utility, which remain unpaid 60 days after the past due date of the fees, shall become a lien against and upon the developed property for which the fees are due and owing to the same extent and character as a lien for a special assessment. Until fully paid and discharged, said fees, late charges, and interest accrued thereupon shall be, remain and constitute a lien equal in rank and dignity with the liens of county ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the developed property involved for the period of five years from the date such fees, late charges, and interest accrued thereupon, become a lien as set forth in this article. The lien may be enforced and satisfied by the city, on behalf of the utility, pursuant to F.S. Chapter 173, as amended, or by any other method permitted by law. The lien provided for herein shall be supplemental to other legal remedies for recovery of fees, late charges and accrued interest.

(e)

For fees which become more than 60 days past due and unpaid, the city or the utility shall cause to be filed in the office of the clerk of the Circuit Court of Miami-Dade County, Florida, a notice of lien or statement showing a legal description of the property against which the lien is claimed, its location by street and number, the name of the owner and an accurate statement of the fees and late charges then unpaid. A copy of such notice of lien shall be mailed within a reasonable time to the owner of the property involved as shown by the records of the tax collector of Miami-Dade County.

(f)

Liens may be discharged and satisfied by payment to the city, on behalf of the utility, of the aggregate amounts specified in the notice of lien, together with interest accrued thereon, and all filing and recording fees. When any such lien has been fully paid or discharged, the city shall cause evidence of the satisfaction and discharge of such lien to be filed with the office of the clerk of the Circuit Court of Miami-Dade County, Florida. Any person, firm, corporation, or other legal entity, other than the present owner of the property involved, who fully pays any such lien shall be entitled to receive an assignment of lien and shall be subrogated to the rights of the city and the utility with respect to the enforcement of such lien.

(g)

Notwithstanding other provisions to the contrary herein, the city, on behalf of the utility, shall have the discretion not to file notices of lien for fees, late charges and interest accrued thereupon in an amount less than $50.00. If the city or the utility elects not to file a notice of lien, such fees, late charges and accrued interest shall remain as debts due and owing in accordance with subsection (b) above.

(h)

The utility is authorized and directed to execute and deliver upon request written certificates certifying the amount of fees, late charges and interest accrued thereupon, which are due and owing to the utility and the city, for any developed property which is subject to payment of such fees, or the utility may certify that no fees, late charges or accrued interest are due and owing. Such certificates shall be binding upon the city and the utility.

(Ord. No. 98-32, § 2, 5-4-1998)