§ 15-112. Enforcement and penalties.

(a)

Stormwater utility fees shall be payable when due and, if late, shall be subject to a ten percent late charge. Any unpaid balance for such fees and late charges 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 set forth on the utility bill. Nonpayment of any portion of the stormwater utility fee shall be considered as nonpayment of all other utilities appearing on the bill and may result in the termination of all utility services appearing on the bill.

(b)

All fees, late charge(s) 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 special assessment lien equal in rank and dignity with the lien of 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 said fees, late charges, and interest accrued thereupon, become a lien as set forth in this chapter. The lien(s) may be enforced and satisfied by the village on behalf of the stormwater management utility, pursuant to F.S. ch. 173, as amended from time to time, or any other method permitted by law. The lien(s) provided for herein shall not be deemed to be in lieu of any other legal remedies available to the village and utility for recovery of the stormwater management utility fee(s), late charge(s), and accrued interest.

(1)

Notice. For fees which become more than 60 days past due and unpaid, the village or the stormwater management 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 the notice of lien may be mailed within a reasonable time to the owner of the property involved as shown by the records of the tax collector of the county.

(2)

Satisfaction of liens. Liens may be discharged and satisfied by payment to the village, 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 village 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 an assignment of lien and shall be subrogated to the rights of the village and the utility with respect to the enforcement of such lien.

(3)

Exemption to notice. Notwithstanding other provisions to the contrary herein, the village on behalf of the stormwater management utility shall have the discretion not to file notices of lien for fees, late charges, and interest accrued thereupon in an amount less than $100.00. If the village of the stormwater management utility elects not to file a notice of lien, said fees, late charges, and accrued interest shall remain as debts due and owing in accordance with the provisions of this article.

(4)

Certificates verifying amount of debt. The utility is authorized and directed to execute and deliver upon request, written certificates certifying the amount of fees(s), late charges(s), and interest accrued thereupon, which are due and owing to the utility and the village, for any developed property which is subject to pay the fee(s). The utility is also authorized and directed to execute and deliver written certificates that no fee(s), late charge(s) or accrued interest are due and owing. The certificates shall be binding upon the village and the utility. The village and utility may impose upon third parties a reasonable service charge based on administration and clerical time to research, produce and transmit said certificates.

(Ord. No. 06-07, § 2(.12), 5-1-2006)