§ 90-5. Lien for unpaid water service, sewer service, waste removal and recycling service, stormwater management service charges and other public utilities charges; notice of lien to consumer; public hearing; recording of lien in public records of county; foreclosure of lien.

(a)

The public utilities director shall maintain public records pertaining to the payment of utilities service charges by utilities service consumers. Unpaid utilities charges shall become a lien against the property served as provided for in this section and in accordance with F.S. § 180.135.

(b)

The public utilities director shall mail notice to the consumer at the account name and address and to the owner of the property at the address shown on the county's ad valorem tax rolls of the delinquency and nonpayment of utilities service charges. Such notice shall specify the delinquent billings, individual and total, including the utility tax, and shall notify the consumer and/or owner that the delinquency must be paid within 30 days from the date of the notice or the City may record a lien for such amount due against the property served. Unless within such 30-day period the owner and/or consumer pays the amount of the delinquency, the city commission shall by resolution impose a lien on the subject property in the amount of the delinquency. At the public hearing regarding the lien resolution, any person shall have the opportunity to speak regarding the justice or fairness of the assessment of the lien.

(c)

After the public hearing provided for in subsection (b) of this section, the city commission may, by the adoption of a resolution levying such charges, assess against the property served a lien in the amount of the delinquency then outstanding. The date of adoption of the resolution shall be the date of levy of the assessment. Assessments shall be due on the date of levy and shall become delinquent 30 days thereafter.

(d)

Assessment liens levied in this manner shall be filed in the office of the city clerk as a lien against the property prior, and prior in dignity, to all other liens against the property, save and except a lien for taxes. The city clerk shall cause such liens to be recorded in the public records of the county by the recording therein of the resolution levying the assessments.

(e)

Such assessments shall bear interest at the rate allowed by law from the date of delinquency, or in such lesser amount as shall be provided in the resolution. The assessments shall be subject to foreclosure if not fully paid within the time prescribed by the resolution. Such liens shall be foreclosed in the same manner in which mortgage liens are foreclosed.

(Code 1979, § 31-5; Ord. No. 4617-16, § 1, 3-14-2016)