ORDINANCE 718ORDINANCE NO. 14 -71 -718
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF
ORDINANCES, CITY OF SOUTH MIAMI, FLORIDA,
BY ADDING SECTION 2 -41 PROVIDING THAT CHARGES
FOR WATER SERVICE, SEWER SERVICE, TRASH AND
GARBAGE COLLECTION AND OTHER NAMED SERVICES
FURNISHED BY THE CITY ,SHALL BECOME LIENS ON
REAL ESTATE RECEIVING SUCH - SERVICES IF NOT
PAID WITHIN 60 DAYS FROM DATE OF BILLING;
ESTABLISHING PROCEDURE FOR SALE AND COLLEC-
TION OF LIENS; EXPRESSING INTENT OF SEPAR-
ABILITY; EXPRESSING INTENT THAT ORDINANCE.
BE INCLUDED IN CODE;. PROVIDING PENALTIES
FOR VIOLATIONS; AND, ESTABLISHING EFFECTIVE
DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SOUTH MIAMI, FLORIDA:
Section 1. That Chapter 2, Code of Ordinances, City of
South Miami, Florida, entitled "Administration and City Government"
be amended by adding thereto Section 2 -41 as follows:°
Sec. 2 -41. Special assessment lien for nonpayment
of city service charges; collection.
(a) Whenever the City of South Miami shall
furnish water service, electric service, sewer
service, trash collection, garbage collection,
or other similar service to the owner or occupant
of any real estate within the city for a service
charge or fee, and the service charges or fees
for such Services shall not be Said within sixty
(60) days from the date of the mailing such bill
or statement of service charges or fees to the
owner or occupant of the real estate receiving
the benefits of such services, such delinquent
service charges or fees and any penalty charges
imposed thereon for nonpayment shall lie and there-
upon become a special assessment lien upon the real
estate to which such services were delivered or-
where such services Were performed. such liens
shall become effective sixty (60) clays after mail-
ing of statement therefore to the property Owner
Or Occupant at the address of said property with-
out the rewssaty of the filing of any .further
state nt or elairi cif lien or the perfortance of
any further act by the ei:ty.
9h) the liens provided for lift aubseet on q ) Shall
tc% tnual An rank And di1q"a t!j with the l neng of Ow
eity for Ad (110retn tagc�s r& tell pro aster aftd
x
such liens shall be superior in ;rank and
dignity to all other liens, encumbrances,
titles and claims in, to, or against the
real property involved. Such liens shall
be collected in the same manner as delinquent
ad valorem taxes of the city on real estate
as provided in the City Charter and the Florida
Statutes; and all provisions thereof for the
advertising of sales, issuance of certificates
and deed and all procedures provided thereby
are incorporated herein by reference and made
applicable to the liens provided for herein.
It shall be the duty of the City Manager to collect
such liens as herein provided and to conduct
sales of such delinquent service charges and
fees at the time provided in the Florida
Statutes for the sale of delinquent ad valorem
taxes and to perform all of the acts and duties'
imposed upon the city Manager by the aforementioned
provisions of the city Charter and the Florida
Statutes."
Section 2. If any section, sentence, clause, phrase, or
word of this ordinance is for any reason held or declared to be
unconstitutional, inoperative or void, such holding or invalidity
shall not affect the remaining portions of this ordinance; and it
shall be construed to have been the intent of the Council of the
City, of South Miami to pass this ordinance without such unconsti-
tutional, invalid, or inoperative part therein; and the remainder
of this ordinance, after the exclusion of such part or parts shall
be deemed and held to be valid as if such parts had not been
included therein.
Section 3. That any person, persons, firm, partnership or
corporation violating any of the provisions hereof shall.., upon
conviction, be punished by a fine not to exceed $500.00, or by
itnprigonment not to exceed si,x months, or by bath each fine and
itiptigmt.ent in the di.ger @tion of the Municipal dudgd* Each day
a violation to p@=1Ued to exi.at shalt constitute a separate
Offonge.
W*
Section 4. it is intended that this Ordinance be per-
manent in nature and shall'be,'included in the Code of Ordinances,
city of South Miami., Florida.
Section 5. This Ordinance shall take effect May '1,
1971.
PASSED and ADOPTED this 20th day of April 1971.
i
i
Attest:
I . of ; rz 1z
City Cl 'brx
.0 3
APPROVED: