HomeMy WebLinkAboutOrdinance No. 25-1986MICROFILMED AUG 87
ORDINANCE NO. 25 -86
AN ORDINANCE AMENDING CHAPTER 671, "SEWER
SERVICE" BY ESTABLISHING LIENS FOR UNPAID
SEWER FEES; PROVIDING FOR SEVERABILITY;
REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Section 671.11, "Payment of Fees and Bills
Required ", of the Code of Ordinances is hereby repealed in its
entirety and replaced with the following:
Sec. 671.11 Payment of Fees and Bills Required
A. Bills for the monthly charges and fees hereinafter
mentioned shall be submitted and shall be payable within
thirty days from the billing date. If such monthly bill
shall be and remain unpaid, on and after the 30 day grace
period, water and sewer service shall be subject to cut -off.
If such monthly bill is not paid in full by the thirtieth
day following that for which a billing has been rendered,
then an amount equal to ten percent (10 %) of such bill due
shall be added thereto as a late charge. Upon failure of
any user to pay within sixty days from being billed, the
City shall cut off or cause to be shut off the connection of
such user and shall not furnish him or permit him to receive
from the system further service until all obligations owed
by him to the City on account of the services shall have
been paid in full. If such sewer service is shut off as
aforesaid, then before such service shall be restored, the
user thereof shall pay a reinstatement fee in the amount of
$75.00 in addition to any other charges, late charges, or
penalties due. The City shall also have a lien on any
parcel or property effected by any unpaid balance of the
foregoing chapter. Such lien shall be superior and
paramount to the interest on such parcel or property of any
owner, lessee, tenant, mortgagee, or other person except the
lien of county taxes, and shall be on a parity with the lien
of any such county taxes. In the event that any such
service shall not be paid as and when due and shall be in
default for thirty days or more, the unpaid balance thereof
and all interest accrued thereon, together with attorney's
fees and costs, may be recovered by the City in a civil
action and any such lien and accrued interest may be
foreclosed or otherwise enforced by the City by action or
suit in equity as for . the foreclosure of a mortgage under
the property.
B. In the event that the fees in the preceding subsection
shall not be paid as when due, any unpaid balance thereof
and all interest accruing thereon, shall be a lien on any
parcel or property effected thereby. Such lien shall be
superior and paramount to the interest on such parcel or
property of any owner, lessee, tenant, mortgagee or other
person except the lien of county taxes, and shall be on a
parity with the lien of any such county taxes. Failure of
users to pay for fees within thirty days of the billing date
shall be a violation of this Chapter. In addition, the City
shall have the right to seek enforcement and collection of
the overdue fee through civil proceedings in a court of
competent jurisdiction, including a reasonable attorney's
fee, and costs, and any such lien and accrued interest may
be foreclosed or otherwise enforced by the municipality by
action or suit in equity as for the foreclosure of a
mortgage on real property.
ORDINANCE NO. 25 -86
PAGE 1 OF 2
MICROFILMED AUG 87
SECTION 2. Section 671.20 is hereby established as follows:
Sec. 671.20 Severability
If any provision of this chapter or the appli-
cation thereof to any person or circumstance
is held invalid, the invalidity shall not
affect other provisions or applications of
the chapter which can be given effect without
the invalid provision or application and to
this end the provisions of this chapter are
declared severable.
SECTION 3. This Ordinance shall become effective immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 16th day of September , 1986.
Mayor
NAME
YES
NO
FISCHETTI
X
KIDD
LEE
��X
Absent
MARCHETTI
X
NICHOLAS
X
First Reading
Posted:
Advert ed:
Second Rea l
September 2, 1986
September 3, 1986
September 6, 1986
September 16, 1986
ORDINANCE NO. 25 -86
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