§ 15-28. Waste fee 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 solid waste collection service area and in municipalities served by the County 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 fees set forth in Section 15-24. All waste fees becoming due and payable on and after July 1, 1962 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 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. Unless otherwise provided herein, such waste fees shall become delinquent if not fully paid within sixty (60) days after the due date. All delinquent waste fees billed and collected by the Department shall bear a penalty of eighteen (18) percent, and if not fully paid with all accrued penalty assessments by the due date of the next succeeding waste fee payment, an additional eighteen (18) percent penalty shall be added successively for each period until fully paid. Unpaid and delinquent waste fees, together with all penalties imposed thereon, shall remain and constitute special assessment liens against the real property involved for the period of five (5) years from the due date thereof. Provided, however, that any tax certificates which include delinquent waste fees shall remain valid pursuant to the provisions of Section 197.241 of the Florida Statutes, as amended. Such special assessment liens for waste fees and penalties may be enforced by any of the methods provided in Chapter 86, 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 accompanied by any other method authorized by law. Provided that special assessments imposed under the provisions of this chapter on residential units shall be deemed due, become delinquent, receive discounts, bear interest and be collected in the same manner and subject to the same provisions of law as are ad valorem taxes.

(b)

[Reserved.]

(c)

The Department is authorized and directed to execute and deliver upon request written certificates certifying the amount of waste fees due upon any parcel of real property subject to payment of waste fees, or certifying that no waste fees are due, which certificates shall be binding upon the County. The Department shall make rules and regulations prescribing procedures governing the administration of the provisions of this chapter and providing procedures for the payment of waste liens in periodic installments and the cancellation of waste liens, which rules and regulations when approved by resolution of the Board of County Commissioners and filed in accordance with the requirements of this Code shall have the force and effect of law.

(d)

[Reserved.]

(Ord. No. 59-12, § 3.06, 6-9-59; Ord. No. 60-22, § 7, 7-26-60; Ord. No. 62-33, § 1, 7-31-62; Ord. No. 62-51, § 1, 12-4-62; Ord. No. 81-108, § 1, 9-15-81; Ord. No. 82-44, § 1, 6-1-82; Ord. No. 82-105, § 1, 11-2-82; Ord. No. 92-155, § 5, 12-15-92)

Editor's note

Subsections (b) and (d) have been deleted as obsolete.