HomeMy WebLinkAboutOrd. 91-04
ORDINANCE NO. 91- 04
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
RELATING TO WATER AND SEWERS; CREATING A NEW
SECTION 22-4.1 OF CHAPTER 22 OF THE CODE
RELATING TO WATER AND SEWER CHARGES; PROVIDING
FOR A LIEN ON REAL PROPERTY SERVICED BY THE
CITY'S WATER AND SEWER FACILITIES UPON NONPAY-
MENT OF CHARGES WHEN DUE; PROVIDING FOR SEVER-
ABILITY; PROVIDING AN EFFECTIVE DATE.
.
WHEREAS, the City commission of the City of Ocoee desires
to provide for a lien on property serviced by the City's water and
sewer systems if the charges for the water and sewer services are
not paid when due, in order to facilitate collection of such charges.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. The City commission of the City of Ocoee has
the authority to adopt this Ordinance pursuant to Article VIII of
the Constitution of the state of Florida, Chapter 166, Florida
statutes and section 27 of Article II of the Ocoee City Charter.
SECTION 2. section 22-4.1 of Article I of Chapter 22
of the Code of Ordinances of the City of Ocoee, Florida, is hereby
adopted as follows:
section 22-4.1 UNPAID FEES TO CONSTITUTE LIEN
.
In the event that the fees, rates or charges for
the services and facilities of the water or sewer system shall
not be paid as and when due, any unpaid balance thereof, along
with all interest accruing thereon, shall be and constitute a
lien on any parcel or property affected thereby. The city may
record in the Public Records of Orange County, Florida a Notice
of Lien giving notice to all persons that the City is asserting a
lien upon the affected parcel or property. In the event that any
such service charge shall not be paid as and when due and shall
be in default for thirty (30) days or more, the unpaid balance
thereof and all interest accrued thereon, together with the costs
of collection, including, but not limited to, attorneys' fees and
costs, may be recovered by the City in a civil action, and any
such lien, accrued interest and any additional costs may be fore-
closed or otherwise enforced by the City by action or suit in
equity as for the foreclosure of a mortgage on real property.
Section 3. Severability. If any section, subsection,
sentence, clause, phrase or portion of this Ordinance is for any
reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not
affect the validity of the remaining portion hereto.
.
.
section 4. Effective Date. This Ordinance shall
become effective immediately upon passage and adoption.
PASSED AND ADOPTED this ?rf day of h ,t,y , 1991.
APPROVED:
ATTEST:
'P~EAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM/~D LEGALITY
this trb day of ~ ' 1991.
FOLEY
, [jR~ flrJtfl
City Attorney
By:
FLOPPY/5153M(11)
01 (02/11/91)
CITY OF OCOEE, FLORIDA
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ADVERTISED April 25 , 1991
READ FIRST TIME April 16 , 1991
READ SECOND TIME AND ADOPTED
f\A-y '7 1991
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