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Home My WebLink AboutO-10475J-88-449 5/25/88 :..r•:cg,yr ORDINANCE NO. IL04 5t AN ORDINANCE AMENDING SECTION 22-28, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PROVIDE THAT THE INTEREST CHARGE ON DELINQUENT SOLID WASTE FEES SHALL BE AT A RATE OF ONE (1.0%) PER CENT PER MONTH; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the City of Miami's delinquent solid waste billing system currently provides that delinquent solid waste fees not paid within sixty (60) days after the due date shall bear a penalty of six (6%) per cent, biannually, each year in March and September, respectively; and WHEREAS, changing the above rate of penalty on a biannual basis to an interest rate of one percent (1%) on a monthly basis will result in a rate equivalent to twelve (12%) per cent per annum and this charge will be in accord with the statutory rate currently prevailing under Chapter 687, Florida Statutes, for interest charges payable in the absence of a contract; and WHEREAS, the herein rate of one (1%) per cent per month will result in a reduction of interest charges to the owners and operators of properties responsible for payment of such charges and will simplify administration and collection of such changes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 22-28(a) of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars: .1/ Words and/or figures stricken through shall be deleted. Underscored words and/or figues shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. IL0475, "Sec. 22-28. Waste fees shall constitute special assessment liens against all improved real property. (a) Except as otherwise provided by this chapter, all owners of improved real property in the city are required to have accumulations of garbage, bulky waste, and solid waste removed by the department, and for such governmental service of garbage, bulky waste and solid waste collection, or the availability of such service, all such improved real property shall be liable for the payment of the waste and right-of-way cleaning fees set forth in this chapter. All such fees becoming due and payable on and after January 1, 1983, shall constitute,, and are hereby imposed as, special assessment liens against the real property aforesaid, and, until fully paid and discharged, or barred by law, shall remain liens equal in rank and dignity with the lien of city and county ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved. Such fees shall become delinquent if not fully paid within sixty (60) days after the due date. All delinquent fees shall bear a pelLUIty an interest charge of stx (6) one (1) percent per month. on any or all of the outstanding balance of such fees due, and if not fully paid with all accrued interest by the due date of the next succeeding waste fee payment, G1Y ViiV iGIVV Vi ViLV \iN/ 1,JVy VViiV �J.Y i.lV Vii• Unpaid and delinquent fees, together with a t accrued interest , shall remain and constitute special assessment liens against the real property involved. Such special assessment liens for waste and cleaning right-of- way fees and pena3 btes interest and costs may be enforced by any of the methods provided in Chapter 85, Florida Statutes, or in the alternative foreclosure proceedings may be instituted and prosecuted under the provisions of Chapter 173, Florida Statutes, or the collection and enforcement of payment thereof may be accomplished by any other method authorized by law. The owner and/or operator shall pay all costs of collection, including reasonable attorney's fees, interest, court costs, penatbtes and abstraoting and related liens expenses imposed by virtue of this chapter. Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 3. If any section, part of section, paragraph, clause, phrase or word of this ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. This Ordinance shall be effective and the provisions thereof, -2- t0475; 3B unless otherwise indioated herein, shall beoome operative in a000rdanoe with City Charter provisions. PASSED ON FIRST READING BY TITLE ONLY this 21st- — day of July t 1988. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 8th day of September 1988. XAVIER L. SUA, MAYOR ATA MA TY HIRAI CITY CLERK PREPARED AND APPROVED BY: 7 4�� AL a-'14a I RAFAft E. SUAREZ-RIVAS ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A " r1\1 JORGEIL. FERNANDEZ CITY ATTORNEY A 11 Afatt.y Hirai, Cit- if Afl RSR/ebg/bss/M322 hereby cortifs, that on die -al D. fi,11, true ind ccncl-t coi)-;"of the :i?ld foregoing ordin,,-, rice wa-i nt the toad) 11)�-r Go.I n t'. t 17.j-k..C. 'j .)r notices and us by the place provided WITNESS my hzind afid the official Sent of saic, City this day of-, k. D. 19—fe Clerk -3- 31 To: FROM: CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members of the City Commission DATE: SUBJECT: Cesar O d i o REFERENCES: City Manage ENCLOSURES: Recommendation J U L — 5 19W ? FILE: Ordinance Providing for 1% month penalty on past due Solid Waste fees; For Commission Meeting of July 14, 1988 It is recommended that the attached Ordinance be approved which will allow for assessing a one percent (1%) per month penalty on unpaid Solid Waste fees. Background The Finance Department has found that a monthly penalty for nonpayment of Solid Waste fees would be more effective than the current twice a year six percent (6%) charge. Currently a six percent penalty is levied sixty (60) days after each semi annual billing. Thus if the fee is not paid within sixty (60) days no additional penalty is levied for six (6) months. This Ordinance would provide for a one percent (1%) per month penalty for each month the fee remains unpaid. Thus encouraging prompter payment to avoid increasing penalties. /mc 1oa� MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, bein a Le al Advertisement of Notice In the matter of # 9 0 2 9 CITY OF MIAMI ORDINANCE NO. 10475 In the ..............9.. X.. X .................. Court, was published in said newspaper in the Issues of Sept. 14, 1988 Affiant further says that the said Miami Review Is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office In Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached cop of advertisement; and at ant further says that she has net p nor promised any persorrV� firm or corporation any count, bate, commission nr ra)Und for the ouroose of rina thi advertisement for no ad before me this A.D. 19....88 a at Large ln.ex�� Tune 21•• ��P'f0 R' IDt* P` MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of P O ## 5000 CITY OF MIAMI NOTICE OF PROPOSED ORDINANCE RE: 'INTEREST CHARGE ON DELINQUENT SOLID WASTE FEES SHALL BE AT A RATE OF ONE (1.07.) In the ...... X..X,..X.......................... Court, was published in said newspaper In the Issues of August 26, 1988 Afflant further says that the said Miami Review is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published. in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached c of advertisement; and alflant further says that she has er Id nor promised any perso firm or corporation an count, rebate, commission or r and for the purpose wring t s ad rtisement for ou cation in the said no a r. _ "�Sv�o�n�to�a4r! Su cr�lsad before me this a � "C � 'yy'' i 26... dew f , .. Au.�.u.S.t... :,A.D.19.88.. / {{ � Japq hez' Nb a Public, St i lorida at Large w (SEAL) l' ��, , " " , "��`�• My Commissioi%.gxp'tgs)I`9t91� MR 115 're 11 1111ttti��