§ 26-96. Billing; liens.

(a)

In conjunction with the quarterly water bill, fees for the stormwater utility shall be billed separately to owners of single-family residential property, recreational property, other public facilities, and miscellaneous public facilities. Fees shall be due under the same conditions as the water bill. Late charges may be established by the village council and amended from time to time and applied to fees that are 60 days past the due date.

(b)

Fees and late charges shall be debts due and owing the stormwater utility, and the fees and charges shall be recoverable by the village or its assignee on behalf of the stormwater utility, in any court of competent jurisdiction.

(c)

The stormwater utility shall establish procedures to notify all property owners and tenants of developed property of delinquent fee accounts.

(d)

All fees and late charges due and owing to the stormwater utility which remain unpaid for 60 days past the 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, the fees and late charges shall remain and constitute a special assessment lien equal in rank and dignity with the liens of municipal 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 a period of five years from the date of the fees and late charges. The lien may be enforced and satisfied by the village on behalf of the stormwater utility, pursuant to F.S. ch. 173 or by any other method permitted by law. The lien provided in this subsection shall not be deemed to be in lieu of any other legal remedies for recovery of the fees and late charges available to the village and to the stormwater utility.

(e)

For fees which become more than 60 days past due and unpaid, the stormwater utility shall cause to be filed in the office of the clerk of the court of the county 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 such notice of lien shall be mailed within a reasonable time to the owner of the property involved as may be known to the village or shown on the tax assessment roll most recently published by the county. No such lien shall be enforceable by the village or the stormwater utility unless the notice shall be filed within six months from the date the fees and late charges become a lien as established by this section.

(f)

Liens may be discharged and satisfied by payment to the village, on behalf of the stormwater utility, of the aggregate amounts specified in the notice of lien and all filing and recording fees. When any such lien shall be fully paid or discharged, the village shall cause evidence of the satisfaction and discharge to be filed with the clerk of the circuit court of the county.

(g)

Notwithstanding other provisions to the contrary in this division, the village, on behalf of the stormwater utility, shall have the discretion not to file notices of lien for fees and late charges for sums in the amount of less than $100.00. If the village or the stormwater utility elects not to file a notice of lien, the fees and late charges shall remain as debts due and owing in accordance with this section.

(Ord. No. 109, § 1(6-105), 3-4-1997; Ord. No. 119, § 1(6-105), 6-11-1999)