§ 56.19. STORMWATER MANAGEMENT ASSESSMENT LIEN/ENFORCEMENT.  


Latest version.
  • (A)

    All stormwater management assessments assessed pursuant to this Chapter, shall be a lien upon the property to which such assessment relates from the first day of the year for which said assessment is imposed until such assessment is paid. The owner of every building, premises, lot or house shall be obligated to pay the stormwater management assessments. All delinquent stormwater management assessment liens may be enforced at any time by the City at least thirty (30) days subsequent to the date of the service of the notice of lien for the amount due under such recorded liens, including all interest charges, plus costs and a reasonable attorney's fee by a proceeding in a court of law or equity to enforce or foreclose such liens in the manner in which a mortgage lien is foreclosed under the laws of Florida, or the collection and enforcement of payment thereof may be accomplished by any other method authorized by law. It shall be lawful to join in any complaint or foreclosure or any legal proceedings, any one or more lots or parcels of land that is the subject of a lien or liens. In the case where a tenant in possession of any premises or buildings shall pay said assessment, it shall relieve the land owner from such obligation and lien; but the City shall not be required to look to any person whatsoever other than the owner for the payment of such assessment. No changes of ownership or occupation shall affect the application of this Chapter, and the failure of any owner to learn that he purchased property against which a lien for stormwater management assessment exists, shall in no way affect his or her responsibility for such payment. The annual stormwater management assessment shall be subject to all collection provisions of F.S. Chapter 197, as amended and supplemented, including provisions relating to discount for early payment, prepayment by installment method, deferred payment, penalty for delinquent payment, and issuance and sale of tax certificates and tax deeds for nonpayment, as provided by law. Such stormwater management assessment is subject to becoming a lien against homestead, as provided in Section 4, Article X, of the Florida Constitution.

    (B)

    It is the intent of the City by the enactment of this Section that, until fully paid and discharged or barred by law, the stormwater management assessments shall be prior to other liens, except that such liens shall be on a parity with the lien of state, county and municipal taxes, and any lien for charges for services created pursuant to F.S. Section 159.17.

(Am. Ord. No. 35-93, passed 4/27/93; Am. Ord. No. 30-96, passed 9/3/96)