HomeMy Public PortalAbout2020-07 Amending and renaming Section 2-62 Collection late payment charge special assessment lien for delinquent solid waste andORDINANCE NO. 2O2O-07
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING AND RENAMING SECTION 2-62,66COLLECTION; LATE PAYMENT CHARGE, SPECIAL
ASSESSMENT LIEN FOR DELINQUENT SOLID WASTE
AND RECYCLING SERVICE FEES,' OF THE VILLAGE
CODE OF ORDINANCES RELATING TO THE VILLAGE'S
SOLID WASTE AND RECYCLING FEES AND
COLLECTION METHODS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS' in Chapter 166 - Municipalities, Florida Statutes, the Florida State
Legislature conferred upon local governments the authority to adopt regulations designed to
promote the public health, safety, and general welfare of its citizenry; and
WHEREAS, on April 11, 1995, the Village of Key Biscayne (the "Village") adopted
Ordinance 95-4, authorizing the Village to impose fees for the collection of solid waste and the
provision of recycling services, which ordinance is codified in Section 2-61 of the Village's Code
of Ordinances; and
WHEREAS' the Village currently collects the solid waste and recycling fees utilizing a
direct billing system; and
WHEREAS, the Village Council desires to have the option to use the uniform method to
levy, collect, and enforce non-ad valorem assessments as provided for in Section I97 .3632,Florida
Statutes (the "Uniform Method") to collect the solid waste and recycling special assessment; and
WHEREAS, the Village Council has determined that it is in the public interest to adopt
regulations that incorporate use of the Uniform Method in collection of solid waste and recycling
fees; and
WIIEREAS, the Village Council finds that this Ordinance is in the best interest of the
Village's residents.
NOWO THEREFORE' BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:I
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
I Coding: Strik€th+eugh-werds are deletions to the existing words. Underlined words are additions to the existing words. Changes
between first and second reading are indicated with highlighted #+**ile@+ and dorrble underline-
Page 1 of4
Section 2. Amendine Section 2-62 of the Villaee Code. That Section 2-62, "Late
payment charge, special assessment lien for delinquent solid waste and recycling service fees," of
the Code of Key Biscayne, Florida is hereby amended to read as follows:
Sec.2-62. - eolcetiolL;. 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. Such due date shall be not later than the 15th day of February for service
provided by the Village in the immediately preceding annual period of October 1 of the prior
year to September 30 of the current year.
(b) If such charges are not fully paid by the customer on or before the past due date, alate 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-half 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. A11 accrued late
charges and interest charges outstanding for each unpaid account as ofthe date ofthe passage
and adoption of this amendment to Section 2-62(b) shall be deemed waived, null, and void if
and only if the entire unpaid account balance (excluding the late and interest charges) is paid
in fulI no later than December 31, 2009.
(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 Chapter 173, Florida Statutes,
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
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(f)
(e)
(h)
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.
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.
All liens shall be effective upon filing in the Official Records of 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.
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 andlor 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 Dade County, Florida, in the Official Records of Dade County, Florida.
Alternative the non-
method as ln
fees assessed
Section 3. Severabilitv. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase ofthis Ordinance shall for any reason be
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being
the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4.Codification. That it is the intention of the Village Council and it is hereby
ordained that the provisions of this Ordinance shall become and be made a part of the Village's
Code of Ordinances , and that the sections of this Ordinance may be renumbered or relettered to
accomplish such intentions, and that the word Ordinance shall be changed to Section or other
appropriate word.
Section 5. Conflicts. That all ordinances or parts of ordinances, resolutions or parts of
resolutions, in conflict herewith, are repealed to the extent of such conflict.
Section 6. Effective Date. That this Ordinance shall become effective immediately
upon final adoption on second reading.
PASSED on first reading on the ITth day of November ,2020.
PASSED AND ADOPTED on second reading on the 8th- day of
Page 3 of4
December 2020
(hr
MCHAEL W. DAVEY
MAYOR
ATTEST:
B.
VILLAGE CLERK
APPROVED AS TO FORM AND LEGALITY:fu,u
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
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MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
l\iliami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI.DADE:
Before the undersigned authority personally appeared
GUILLERMO GARCIA, who on oath says that he or she is the
DIRECTOR OF OPERATIONS, Legal Notices of the Nliami Daily
Business Review ilkla Miami Review, a daily (except
Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Miami-Dade County, Florida; that the
attached copy of advertisement, being a Legal Advertisement
of Notice in the matter of
VILI AGE OF KFY BISCAYNE. ORDINIA,NCES ' DEC. 8, 2O2O
in the XXXX Court,
was published in said newspaper in the issues of
11t27 t2020
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami, in said Miami-Dade
County, Florida and that the said newspaper has heretofore
been continuously published in said Miami-Dade County, Florida
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a period
of one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that he or she
has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose of
securing this advertisement for publication in the said
newspaper
VILLAGE OF KEY BISCAY]IE
OFFICE OF THE VILLAGE CLERK
PUBLIC ilOTIGE
Notice is hereby given that the following ordinances will be considered on
Second Reading by the Village Council of the Village of Key Biscayne at a
meeting to be held on Tuesday, December 8,2020 at 6:00 p.m., in the Council
Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida.
AN ORDINANCE. OF THE VILI.AGE OF KEY BISCAYNE, FLORIDA,
AMENDING AND RENAMING SECTION 2-62, 'COLLECTION; LATE
PAYMENT CHARGE, SPECIAL ASSESSMENT LIEN FOR DELINQUENT
SOLID WASTE AND RECYCLING SERVICE FEES," OF THE VILLAGE CODE OF
ORDINANCES RELATING TO THE VILLAGE'S SOLID WASTE, AND
RECYCLING FEES AND COLLECTION METHODS; PROVIDING FOR
SEI/ERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLIGTS; AND PROVIDING FOR AN EFFECTIVE DATE.
AN OBDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AMENDING SECTION 29-5, 'COLLECTION OF STOBMWATER UTILIW FEE;
LIENS" OF THE VIII-AGE CODE OF ORDINANCES RELATING TO THE
VILLAGE'S STORMWATER UTITITY AND COLLECTION METHODS;
PROVIDING FOR SEITERABILITY; PROVIDING FOR CODIFICATION;'
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
DATE.
The proposed ordinances may be.inspected by the public at the Office of
the Village Clerk. Any person wishing to address the Village Council on
any item at this Public Hearing may call (3t15) 365-7569, Zoom
Meeting lDz231 627 &{15 and be heard with respect to the proposed
Ordinances.
ln accordance with the Americans With Disabilities Act of 1990, all persons
who are disabled and who need special accommodations to participate in
this proceeding because of that disability should contact the Office of the
Village Clerk, 88 West.Mclntyre Street, Suite 220, Kay Biscayne, Florida
33149, telephone number (305) 365-5506, not later than two business days
prior to such proceeding.
Should any person desire to appeal any decision ofthe Village Council with respect
to any matter to be considered at this meeting, that person shall insure that
a verbatim record of the proceedings is made including all testimony and
evidence upon which any appeal may be based (F.S. 286.0105).
Comments of any interested party relative to this matter may be submitted
in writing via email to publiccomments@keybiscayne.fl.gov.
Jocelyn B. Koch
Village Clerk11/27 20-50/0000500231M
Sworn and subscribed before me th
NOVEMBER. A.D.2O2O
(SEAL)
GUILLERMO GARCIA personally known to me
CHilSTIIII{LYNN MVIX
Comnissbfl I GG 27n7t
Erplres Novcmber I 9, 2022
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