1966-545ORDINANCE NO. 545
ORDINANCE - -OF CITY OF SOUTH MIAMI, FLORIDA,
AMENDING SECTION 11 -16 OF THE CODE OF
ORDINANCES OF-THE CITY OF SOUTH MIAMI, FLORIDA,
THEREBY PROVIDING THAT WASTE FEES SHALL CONSTI-
TUTE A SPECIAL ASSESSMENT LIEN AGAINST ALL
IMPROVED 'PROPERTY; PROVIDING FOR PENALTIES;
PROVIDING eOR ENFORCEMENT AND COLLECTION.
BE IT ORDAINED `BY THE MAYOR AND CITY COUNCIL OF CITY OF
SOUTH MIAMI, FLORIDA:
1. Section 11 -16 of the Code of Ordinances, City of South
Miami, Florida, is hereby amended so as to read as follows:
Section 11 -16. Waste fees shall constitute special
assessment liens against all improved real property.
(a) Except as otherwise provided by this chapter,
all owners of improved real property in the City
are requi`re'd 4to have accumulations of garbage,
trash' "and waste removed and disposed' °of by the
Sanitation Division of the Public Works Department,
and for such governmental service of garbage, trash
and waste collection and disposal,- "or the avai'labil "i y
of such service, all such 'impr'o'ved real - property -shall
be liable for the payment 'of the waste fees set 'forth
in section-11 -6. All waste fees becoming due and
payable "on and after October 1, 1966, shall consti-
tute, And are hereby imposed as, "special assessment
liens Against the real property aforesaid, and until
fully "paid and discharged, or barred by law, shall
remain' liens equal in rank and dign "ity
th the lien
wi'
of City ad valorem,-taxes and superior in rank and
d.i.grity to all other liens, encumbrances, titles aYid
claims in, to `or against the real 'property involved.
Such waste fees shall became delinquent if not fully
paid within ninety (90) days after due`date. All
delinquent waste ''fees 'shall bear a penalty of four
percent `(�), and if'not fully paid with all accrued
penalty assessments by the due date of the next
succeeding waste fee payment, an additional four percent
(0) penalty shall be added successively''for each period
until "fu11y`3'aid. Unpaid and "delinquent waste fees,
together with all 'penalties unposed thereon, shall remain
and constitute special assessment liens against the real
property involved. Such special assessment liens for
waste fees and penalties may enforced by any of the
methods provided in diapter 86, Florida Statutes, or
in the alternative, foreclosure proceedings may be
instituted 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.
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ORDINANCE NO. (continued)
(b) The Sanitation - Division -is- authorized and
directed to execute and deliver upon request written
certificates certifying the amount of waste fees
due upon any parcel of real property subject to pay-
ment of waste fees, or certifying that no waste fees
are due, which certificates shall be binding upon the
,i.t.y. The Sanitation r ui.4i.nn shall make rules and
regulations prescribing uniform procedures governing
the administration of the provisions of this chapter
and providing procedures for the payment of waste
liens "periodic installments and the cancellation
of waste liens, which rules and regulations when
approved by resolution, of the City Council and filed,
in accordance with the requirements of this Code shall
have the force and effect of law.
2. In the event that any portion of this ordinance shall
be held to be void, uncon!Etat tiongl or of no ef=fect by a Court
of d6im"petent jurisdiction such holding shall in no wise effect
or disturb the remaining "I portions 'of this ordinance.
3. This ordinance shall become effective October 1, 1966.
PASSED AND ADOPTED this 27th day'of September, A.D. 1966.
APPROVED:
Mayor
ATTEST:
Ct ' Clerk
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