Loading...
16-005 1 ORDINANCE NO. 16- 005 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, • FLORIDA, AMENDING PART II, CHAPTER 26, ARTICLE VII, SECTION 404 OF THE CODE OF ORDINANCES ENTITLED "BILLING AND PAYMENT; PENALTIES "; CREATING PART II, CHAPTER 26, ARTICLE I, SECTION 26 -7 OF THE CODE OF ORDINANCES TO BE ENTITLED "LIEN FOR UNPAID 1 • CHARGES; LIABILITY FOR CHARGES "; CREATING 11 CHAPTER 10, ARTICLE II, SECTION 10 -33 OF THE 1► CODE OF ORDINANCES TO BE ENTITLED "LIEN FOR 11 UNPAID CHARGES; LIABILITY FOR CHARGES" TO 14 PROVIDE FOR THE RECORDATION AGAINST THOSE PROPERTIES FOR WHICH MONTHLY WATER, 1 SEWER, STORMWATER, RECLAIMED WATER, REFUSE COLLECTION RATES, FEES, AND CHARGES 1: ARE NOT PAID, AND PROVIDING THAT SAID LIENS SHALL BE PRIOR IN DIGNITY TO ALL OTHER LIENS 21 AGAINST ASSESSED PROPERTIES, EXCEPT A LIEN 21 FOR TAXES; PROVIDING FOR CONFLICTS, 2 ► PROVIDING FOR SEVERABILITY, PROVIDING FOR 2c CODIFICATION AND PROVIDING FOR AN 2 EFFECTIVE DATE. 2. 28 WHEREAS, the City has by prior Ordinance set forth established rules and 2 regulations applicable to and governing the provision of water, sewer and refuse collection 2: services to the citizens and residents of the City of Boynton Beach; and 2'. WHEREAS, Section 159.17, Florida Statutes authorizes the City to record a lien for 3.1 unpaid water, sewer, reclaimed water and refuse collection services; and 31 WHEREAS, Chapter 26, Article VII, Section 404 of the City Code currently provides 3► for the recordation of a lien for unpaid stormwater utility fees; and 3c WHEREAS, in addition to stormwater, the City also provides water, sewer and 3' reclaimed water services to its residents; and 3 WHEREAS, Chapter 10, Article II, Section 10 -24 and Section 10 -25, the City 36 currently provides for residential refuse collection ; and (00087494.6306- 9001821) Words in strike type are deletions from existing law; Words in underlined type are additions. WHEREAS, the City Code is silent with respect to recording liens for unpaid water, sewer, reclaimed water and residential refuse collection services; and • WHEREAS, the City Commission, deems it appropriate and in the best interests of • the health, safety, and welfare of the citizens and residents of the City of Boynton Beach to 1 establish a procedure for the recordation of municipal liens for unpaid water, sewer, - . stormwater, reclaimed water, and residential refuse collection fees and charges. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 4] BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed • as being true and correct and are hereby made a specific part of this Ordinance upon adoption • hereof, as if fully set forth herein. Section 2. Part II, Chapter 26, Article VII, Section 26 -404 of the Code of • Ordinances entitled "Billing and Payment Penalties" is hereby amended to read as follows: • (a) Bills or statements for the stormwater utility fee shall be rendered monthly, in '1 accordance with the regular utility billing cycle, by the utility billing division of the city for all properties subject to the fee. Bills shall be payable at the same time and in • the same manner and subject to the same penalties as set forth for water. Any partial •41 payment of a combined utility bill shall be applied first to the storm water utility fee. Any unpaid storm water utility fees shall constitute a lien on such property except the • may be foreclosed by the city in the manner pr: • : - . - - • - - - - . • • foreclosure of m ortgages on r u.l property. r i (b) For properties normally receiving monthly utility bills for other services, the stormwater utility fee shall be included in the monthly utility bill rendered to the established customer. At the discretion of the city Finance Director, fee waivers for • short-term inactive utility accounts accruing fees of $10 or less in a six -month period may be made for purposes of administrative convenience. • (c) For properties not receiving monthly utility bills for other services, the bill or a statement for the stormwater utility fee shall be sent to the owner of the property as determined from the tax rolls. The utility billing division may render annual or o ; semiannual billing at the beginning of the defined period on such properties if • determined to be in the best interest of the city. )00087494.6306- 9001821) Words in 'strike through type are deletions from existing law; Words in underlined type are additions. 71 d The owner of a property is ultimately responsible for all fees imposed under this (d) p p Y Y p p 71 chapter. 7 7c Section 3. Part II, Chapter 26, Article I, Section 26 -7 of the Code of Ordinances 7 entitled "Lien for Unpaid Charge; Liability for Charges" is hereby created as follows: 7. (a) Lien when customer is owner of property. In addition to any other remedy 7 provided in this chapter, when the customer is the owner of the property, the city shall 7 have a lien against the property serviced for any and all unpaid fees and charges 7',:j authorized for the City's water, sewer, stormwater, reclaimed water system. The city i 7 may record the lien in the Public Records of Palm Beach County, Florida. The lien 81 shall be coequal with the lien of all county and municipal taxes, superior in dignity to 8 all other liens, titles and claims, until paid. Such lien when delinquent for more than 8r 30 days may be foreclosed by the city in the manner provided by the laws of Florida 81 for the foreclosure of mortgages on real property. The city shall be entitled to recover 8 costs and a reasonable attorney's fee incurred in foreclosing any such lien. No change 8. of occupancy or ownership shall affect the lien. 8. 8 (b) Lien when customer is tenant. When the customer is a tenant, the city shall 818 have a lien against the leasehold interest and the tenant's personal property on the 1 8,1 premises for all unpaid fees and charges. The city may record the lien in the Public 91 Records of Palm Beach County, Florida. The lien shall be coequal with the lien of all 9 county and municipal taxes, superior in dignity to all other liens, titles and claims, 9r until paid. The city shall be entitled to recover costs and a reasonable attorney's fee 91 incurred in foreclosing any such lien. The city shall not impose a lien against the rental 9 property for any unpaid utility charges incurred by a former occupant except to the 9. extent that the present tenant or owner directly benefited from the services provided to 9. the former occupant. It is presumed that a property owner benefit from the City 9 providing utilities to the former occupant unless the property owner following the 9: City's Notice of Intent to file a lien, submits an affidavit and supporting documents to 9$ the City establishing the following, when applicable: 10 0 1) The lease agreement, in effect during the time period the delinquency accrued, 10 contained a provision or addendum which required the tenant/former occupant to pay 106 the utilities and 10 2) The property owner had no knowledge that utility payments were in arrears; 10 3) The property owner received no rent payment during the time period the 10: delinquency accrued and; 10M 4) The property owner did not have a security deposit or the security deposit was 10 applied to delinquent rent and; 10: 5) Prior to the time period the delinquency accrued, the property owner legally 10 conveyed all of his /her /its interest in the respective property to an unassociated 111 individual or entity; 111 11 r. The owner of a rental unit shall be responsible for all fees and charges for the rental HE property until such time as the tenant applies for service and tenders the required (00087494.6306- 9001821) Words in strike- threugh type are deletions from existing law; Words in underlined type are additions. 114 deposit. Any charges prior to the current tenant's application and deposit and 11 subsequent to the former tenant's termination shall be the responsibility of the owner. 1 1 The city shall have a lien against the property serviced for all unpaid fees and charges 11 during the period of the owner's responsibility as stated in subsection (a) of this 11: section. 11 121 (c) Liability for charges; civil actions. The customer applying for utility service 121 shall be personally liable to the city for the payment of all fees and charges. In 12 addition to all other remedies, including the lien and foreclosure remedies set forth in 12 (a) and (b) above, the city shall have the authority to recover from the customer in a 12'i civil legal action all unpaid fees, charges and penalties and the costs and a reasonable 12' attorney's fee incurred in any such action, including those incurred while on appeal. 12 Additionally, the customer shall be liable for any administrative costs the city incurs in 12 collection of the account. 12' 12 (d) An administrative fee of $125.00 shall be charged to the customer whenever 131 the city records a lien against the property serviced for unpaid water, sewer 13 stormwater, reclaimed water rates, fees and charges. 13. 13 13 Section 4. Chapter 10, Article II, Section 10 -33 of the Code of Ordinances entitled 13` "Lien for Unpaid Charge; Liability for Charges" is hereby created as follows: 134 (a) Lien when customer is owner of property. In addition to any other remedy 13 provided in this chapter, when the customer is the owner of the property, the city shall 13 ` have a lien against the property serviced for any and all unpaid fees and charges 13 • authorized for the City's refuse collection system. The city may record the lien in the 14 Public Records of Palm Beach County, Florida. The lien shall be coequal with the lien 141 of all county and municipal taxes, superior in dignity to all other liens, titles and 14 claims, until paid. Such lien when delinquent for more than 30 days may be foreclosed 14 by the city in the manner provided by the laws of Florida for the foreclosure of 14 mortgages on real property. The city shall be entitled to recover costs and a 14' reasonable attorney's fee incurred in foreclosing any such lien. No change of 144 occupancy or ownership shall affect the lien. 14 14: (b) Lien when customer is tenant. When the customer is a tenant, the city shall 14 • have a lien against the leasehold interest and the tenant's personal property on the 15 .remises for all unsaid fees and charges. The cit ma record the lien in the Public 15 Records of Palm Beach County, Florida. The lien shall be coequal with the lien of all 15. county, and municipal taxes, superior in dignity to all other liens, titles and claims, 15 until paid. The city shall be entitled to recover costs and a reasonable attorney's fee 15 incurred in foreclosing any such lien. The city shall not impose a lien against the rental 15' property for any unpaid utility charges incurred by a former occupant except to the 151 extent that the present tenant or owner directly benefited from the services provided to 15 the former occupant. It is presumed that a property owner benefit from the City ;00087494.6306- 9001821) Words in striker type are deletions from existing law; Words in underlined type are additions. 15: providing utilities to the former occupant unless the property owner following the 15: City's Notice of Intent to file a lien, submits an affidavit and supporting documents to 161 the City establishing the following, when applicable: 161 1) The lease agreement, in effect during the time period the delinquency accrued, 16► contained a provision or addendum which required the tenant /former occupant to pay 161 the utilities and 16 2) The property owner had no knowledge that utility payments were in arrears: 161 3) The property owner received no rent payment during the time period the 16 delinquency accrued and; 16 ` 4) The property owner did not have a security deposit or the security deposit was 16: applied to delinquent rent and; 16. 5) Prior to the time period the delinquency accrued, the property owner legally 171 conveyed all of his /her /its interest in the respective property to an unassociated 17 individual or entity; 17► 17 The owner of a rental unit shall be responsible for all fees and charges for the rental 17 ' property until such time as the tenant applies for service and tenders the required 17. deposit. Any charges prior to the current tenant's application and deposit and 171 subsequent to the former tenant's termination shall be the responsibility of the owner. 17 The city shall have a lien against the property serviced for all unpaid fees and charges 171 during the period of the owner's responsibility as stated in subsection (a) of this 174 section. 18 ' 18 (c) Liability for charges; civil actions. The customer applying for utility service 18 shall be personally liable to the city for the payment of all fees and charges. In 18 addition addition to all other remedies, including the lien and foreclosure remedies set forth in 18 ^ (a) and (b) above, the city shall have the authority to recover from the customer in a, 18C civil legal action all unpaid fees, charges and penalties and the costs and a reasonable 18. attorney's fee incurred in any such action, including those incurred while on appeal. 18/ Additionally, the customer shall be liable for any administrative costs the city incurs in 10 collection of the account. 18 19 (d) An administrative fee of $125.00 shall be charged to the customer whenever 191 the city records a lien against the property serviced for unpaid refuse collection rates, 19 fees and charges. 19t� 191 Section 5. If any section, sentence, clause, or phrase of this Ordinance is held to be 19 I invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in 19. no way affect the validity of the remaining portions of this Ordinance. 19 Section 6. It is the intention of the City Commission of the City of Boynton Beach, 1 • Florida, that the provisions of this Ordinance shall become and be made a part of the City of (00087494. - 9001821) Words in strike-through type are deletions from existing law; Words in underlined type are additions. 1 SS Boynton Beach Code of Ordinances; and that the sections of this ordinance may. be 2CC renumbered or relettered and the word "ordinance" may be changed to "section," "article," or 201 s1►ch other appropriate word or phrase in order to accomplish such intentions. 202 Section 7. This Ordinance shall become effective on the date of second reading set 202 forth below. All changes, additions, and implementation of any rate or fee shall take effect 2C4 immediately. 20` ;00087494.6306- 9001821) Words in strike through type are deletions from existing law; Words in underlined type are additions. 2 FI RST READING this / day of r "-u-cw , 2016. 20 SECOND, FINAL READING AND PASSAGE this lsf day of 4,6041--' , 203. 2016. 20 CITY OF BOYNTON BEACH, FLORIDA 211. 211 YES NO 211 211 Mayor — Jerry Taylor 21 21 Vice Mayor — Joe Casello 21: 21 Commissioner — David T. Merker 21 21 Commissioner — Mack McCray 21 2 Commissioner — Michael M. Fitzpatrick 2 ' ; 2 I VOTE J � 2 G� 2 ATTEST: 231 Jud' A. Pyle 23 In -rim City Clerk 23' 23 _ 23 1 gate �; 23 (Corporate Seal) c f ;t4 23: ` 23,V �r {Gd087494.6 306- 9001821 ) Words in strike—threugh type are deletions from existing law; Words in underlined type are additions.