Waste and right-of-way cleaning 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 required to have accumulations of garbage, bulky waste, and solid waste removed by the department, and for such governmental service of garbage, bulky waste and solid waste collection, or the availability of such service, all such improved real property shall be liable for the payment of the waste and right-of-way cleaning fees set forth in this chapter. All such fees becoming due and payable on and after January 1, 1983, shall constitute, 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 dignity with the lien of city and county ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved. Such fees shall become delinquent if not fully paid within 60 days after the due date. Total outstanding balance for delinquent fees and related charges shall bear an interest charge of one percent per month, on any and all of the outstanding balance of such fees due, and if not fully paid with all accrued interest by the due date of the next succeeding waste fee payment, will continue to accrue interest at the rate of one percent per month. Unpaid and delinquent fees, together with accrued interest, shall remain and constitute special assessment liens against the real property involved. Such special assessment liens for waste and right-of-way cleaning fees and interest and costs may be enforced by any of the methods provided in F.S. ch. 85, or in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions of F.S. ch. 173, or the collection and enforcement of payment thereof may be accomplished by any other method authorized by law. The owner and/or operator shall pay all costs of collection, including reasonable attorney fees, court costs, and abstracting and related lien expenses imposed by virtue of this chapter.

(b)

(1)

Except as otherwise provided by this chapter, all waste fees due and unpaid for the period from January 1, 1981, until December 31, 1982, shall constitute special assessment liens against all improved real property for which waste collection and disposal services were provided or made available.

(2)

Except as otherwise provided by this chapter, all waste fees due and unpaid for the period from March 1, 1980, until January 1, 1981, shall constitute special assessment liens against all improved real property for which waste collection and disposal services were provided or made available, unless the present owner and record title holder of the particular real property involved shall fully pay all waste fees maturing since such owner acquired title, including current waste fees, and shall file with the finance department a verified statement showing that the property involved was purchased in good faith for valuable consideration and that a transfer of title was not accomplished for the purpose of avoiding payment of delinquent waste fees, on a date subsequent to March 1, 1980, and giving the full and correct legal description and street address of the property involved, and the name and address of the former owner, if known, and such other information as may be reasonably required by the finance department. Thereupon, such present owners shall be required to pay such waste fees for the period from March 1, 1980, until January 1, 1981, during which period they were the record title holders of the property involved, and current waste fees. Provided further, that waste fees becoming due and unpaid prior to January 1, 1981, shall constitute special assessment liens only if the finance department shall cause to be filed in the office of the clerk of the circuit court of Dade County, Florida, on or before December 31, 1983, a notice of lien or statement showing a legal description of the real property against which the lien is claimed and its location by street and number, and the name of the owner as reflected by the records of the finance department, and an accurate statement of the total amount of unpaid and delinquent waste fees claimed to be due as of January 1, 1981, and a copy of such notice of lien shall be mailed to the owner of the property involved, as shown by the records of the finance department. Such notices of liens shall be filed in a special waste lien docket book maintained by the clerk of the circuit court for such purpose, which shall contain such liens as have been filed. In the event the department fails to file a notice of lien as aforesaid on or before December 31, 1983, no special assessment lien shall exist for any waste fees becoming due prior to January 1, 1981. Such liens, if filed, may be discharged and satisfied by payment to the city of the aggregate amounts specified in the notice of liens together with interest thereon from the date of filing of the lien computed at the rate of 18 percent per annum, together with the administrative costs, filing and recording fees. When any such lien has been fully paid or discharged, the finance department shall promptly cause evidence of the satisfaction and discharge of such lien to be entered in said waste lien docket book. Delinquent waste fees accruing during the period from March 1, 1980, until January 1, 1981, shall not in any event become special assessment liens against improved real property unless the finance department shall comply with the requirements of this paragraph (2), subsection (b). Where the record title to improved real property was acquired after March 1, 1980, and prior to January 1, 1981, in good faith for good and valuable consideration and not for the purpose of avoiding payment of delinquent waste fees, the present owner and record title holder of the involved property shall be liable only for waste fees due for the time period within which the record title was acquired and subsequent periods. Where the record title is so acquired after January 1, 1981, and prior to the filing of the notice of lien or statement required under the provisions of this paragraph (2) of subsection (b), the property shall not be liable for any delinquent waste fees accruing to January 1, 1981. In such instances, the former record title holder shall be personally liable for the delinquent waste fees, and not the property.

(c)  (1) Where property owners have paid delinquent waste fees for which they are not liable, a refund or credit, if presented within the time period permitted by Florida Statutes, shall be given for such payments in accordance with the provisions of this subsection upon written request and delivery of all receipts evidencing payment of the delinquent waste fees for which a refund or credit is sought. It shall be the duty and responsibility of the record title holder to furnish the finance department with the information required by this subsection in order to release the property from liability for such delinquent waste fees.

(2)

Any person, firm, corporation or legal entity, other than the present owner of the property involved, who pays any herein listed special assessment liens shall be entitled to receive an assignment of the lien held by the city and shall be subrogated to the rights of the city in respect to the enforcement of such lien.

(3)

The finance department 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 payment of waste fees, or certifying that no waste fees are due, which certificates shall be binding upon the city. The finance department shall make rules and regulations prescribing procedures governing the administration of the provisions of this chapter and providing procedures for the payment of waste liens in periodic installments and the cancellation of waste liens, which rules and regulations when approved by resolution of the city commission and filed in accordance with the requirements of this chapter shall have the force and effect of law.

(Ord. No. 10128, § 1, 7-10-86; Ord. No. 10371, § 4, 1-14-88; Ord. No. 10475, § 1, 9-8-88; Ord. No. 10600, § 1, 7-13-89; Code 1980, § 22-28)