§ 16-6. Late payment charge, special assessment lien for delinquent solid waste and recycling service fees.

(a)

Fees imposed by the Village Council for the collection of solid waste and for the providing of recycling services shall be due and payable not later than the due date indicated upon such bill of the Village. The bill due date shall be not later than the 15th day of each month for service provided by the Village in the immediately preceding month.

(b)

If such charges are not fully paid by the customer on or before the past due date, a late charge of five percent shall be added to the bill and imposed by the Village. Unpaid balances of customers for such charges and late charges shall be subject to an interest charge at the rate of one percent per month in accordance with the provisions of paragraphs (d) and (g) below. Imposition of said interest charge shall commence for any delinquency existing 30 days after the past due date and continue to accrue until all charges are paid.

(c)

Solid waste and recycling charges and late charges, together with any interest charges, shall be debts due and owing to the Village and such debts shall be recoverable by the Village or its assignee, in any court of competent jurisdiction.

(d)

All charges, late charges and interest accruing thereupon for service rendered by the Village to any property which remain unpaid 30 days after the past due date of the charges shall become subject to imposition of a lien against and upon the real property to which such service has been furnished to the same extent and character as a lien for a special assessment. An administrative fee of ten percent of the unpaid service charges shall be imposed upon any delinquent account for which a lien is filed. Once such lien is filed by the Village in the Official Records, and until fully paid and discharged, said charges, late charges, administrative fee and interest accrued thereupon shall be, remain and constitute a special assessment lien equal in rank and dignity with the liens of all Village ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property served, from and after the date said charges become a lien as set forth in this paragraph. Said liens may be enforced and satisfied by the Village, pursuant to F.S. ch. 173, as amended from time to time or by any other method permitted by law. The lien provided for herein shall not be deemed to be in lieu of any other legal remedies for payment available to the Village.

(e)

Within ten days after a lien is filed against a property, the Village Clerk shall send by U.S. Mail to the property owner of record a notice of lien, informing the property owner of the existence of the lien, the amount of the lien and the service provided by Village for which such lien was imposed. Within 30 days after notice of lien is sent by the Village Clerk to the property owner, the property owner may file an appeal to the Village Manager to contest the existence of the lien or the amount of such lien. The Village Attorney shall prepare a form to be utilized for such appeal, which shall be retained on file in the Office of the Village Clerk. In order to be entitled to be heard by the Village Manager, the notice of appeal of lien assessment must be filed with the Village Manager within 30 days of the date of the Village's mailing of the notice of lien. Failure to appeal within such 30-day period will be considered an abandonment of any right to appeal or contest the lien.

(f)

Upon timely receipt of a notice of lien appeal, the Village Manager shall be empowered to adjust, settle or compromise any appeal on behalf of the Village if he shall find any error in the bill rendered for services or the lien imposed.

(g)

All liens shall be effective upon filing in the Official Records of Miami-Dade County and shall become due, payable and subject to suit for enforcement 30 days after the mailing of the notice of lien by the Village Clerk, except in such cases where an appeal is filed pursuant to paragraph (f) in which case the lien is due, payable and subject to enforcement 30 days from the decision of the Village Manager.

(h)

Liens may be discharged and satisfied by payment to the Village of the aggregate amounts specified in the notice of lien, together with interest accrued thereon, and all filing and recording fees arising from the notice of lien and the satisfaction of lien. When any such lien has been fully paid and/or discharged, the Village Clerk shall cause evidence of the satisfaction and discharge of such lien to be filed with the Office of the Clerk of the Circuit Court of Miami-Dade County, Florida, in the Official Records of Miami-Dade County, Florida.

(i)

The Village Manager is hereby authorized to combine the charges imposed pursuant to this section with the water and sewage service bills authorized by section 20-30 of the Village Code, in the event that the Village Manager determines to utilize the monthly water and sewage service bills as a convenient means of collecting the charges which are to be collected pursuant to this section. This shall not preclude the Village Manager from determining to separately bill and collect the charges which are to be collected pursuant to this section. Alternatively, upon compliance with the applicable procedures of F.S. § 197.3632 et seq., the Village may collect the Solid Waste and recycling service charges by way of the property tax bill method of collecting non-ad valorem assessments which is authorized by that statute, and may, by Resolution, adjust the above described billing schedule and other procedures of this section accordingly so as to conform to the statute and to the applicable Resolutions which implement Article IX "Assessments" of Chapter 2 of the Village Code.

(Ord. No. 522, § 2, 6-19-07; Ord. No. 553, § 4, 9-13-2011, eff. 10-1-2011)