HomeMy WebLinkAboutOrdinance 89-21
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ORDINANCE NO. 89-21
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
RELATING TO OCCUPATIONAL LICENSE TAXES:
REPEALING THE PRESENT SECTION 13.18 OF THE
CODE RELATING TO THE ENFORCEMENT OF
OCCUPATIONAL LICENSE ORDINANCES: ADOPTING
A NEW SECTION 13.18 OF THE CODE RELATING TO
THE ENFORCEMENT OF OCCUPATIONAL LICENSE
ORDINANCES: PROVIDING FOR NOTICE OF
DELINQUENCY OF OCCUPATIONAL LICENSE TAXES:
PROVIDING FOR THE FILING OF A LIEN FOR
DELINQUENT OCCUPATIONAL LICENSE TAXES:
PROVIDING FOR ATTORNEY'S FEES FOR PRE-
VAILING PARTIES: PROVIDING FOR SEVERABILITY:
PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE:
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 and Chapters 163, 166 and
205, Florida Statutes.
Section 2.
The present Section 13.18 of the Code of
Ordinances of the City of Ocoee, Florida, is hereby repealed in
its entirety.
Section 3. A new Section 13.18 of the Code of Ordinances of
the City of Ocoee, Florida, is hereby adopted as follows:
Section 13.18 ENFORCEMENT: NOTICE AND FILING OF LIENS
(a) Whenever any license tax imposed,
levied or
provided for under this Ordinance becomes delinquent, the
City Clerk shall notify the licensee of the delinquency by
certified mail. Such notice may be sent separately or
together with the notice of revocation and suspension of the
license tax certificate.
If the license tax remains unpaid
for thirty (30) days following the mailing of the notice of
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delinquency the City Clerk shall file a Notice of Lien in
the official Public Records of Orange County. The Notice of
Lien shall state among other things, the date the license
tax became delinquent, the amount of tax due, the date the
Notice of Delinquency was mailed, a statement that the
licensee is also liable for all interests and penalties due
on the tax owed. A copy of the Notice of Lien shall be sent
to the licensee.
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(b) The Notice of Lien shall constitute a lien against
the land on which the licensee operates their business and
upon any other real or personal property owned by the
licensee. After thirty (30) days from the filing of the
Notice of Lien the City Commission may authorize the City
Attorney to foreclose on the lien. No lien created pursuant
to this Ordinance may be foreclosed on any real property
which is a homestead under Section 4, Article X of the State
Constitution.
(c) No lien filed under this Section shall continue
for a period longer than five (5) years after the filing of
the Notice of Lien unless an action to foreclose has been
commenced within that time.
In an action to foreclose on a
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lien, the prevailing party is entitled to recover all costs,
including a reasonable attorney's fee, that it incurs in the
foreclosure.
(d) In addition to the imposition of a lien the City
may enforce violations of this Chapter, including the
failure to pay license taxes and the operation of a business
without a license, in the same manner as any other violation
of the Code of Ordinances. The provisions of this Chapter
may be enforced by the filing of an action in the proper
Court for enforcement of the Code provisions, by the filing
of an action in the proper Court for the collection of the
debt owed the City in theform of unpaid taxes and penalties,
or by seeking enforcement through the Code Enforcement Board
process. In any action by the City to collect a debt owed
by reason of non-payment of license taxes the prevailing
party is entitled to recover all costs, including a
reasonable attorney's fee, that it incurs in the collection
of the debt.
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Section 4. 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.
This Ordinance shall become
Section 5.
Effective Date.
effective immediately upon passage and adoption.
PASSED AND ADOPTED this (!"~ day of J q Galfn
ATTEST:
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE
APPROVED AS TO FORM AND
LEGALITY:
This r5~ day of ~JjJSf, 1989
FOLEY & LARDNER, VAN DEN BERG,
B::Y' 70 ~ 7t;;:lJJKIH
City Attorney
, 1989.
APPROVED:
CITY OF OCOEE, FLORIDA
:1LQ ~
THOMAS R. ISON, Mayor
ADVERTISED August 2
READ FIRST TIME August 1
READ SECOND TIME
AND ADOPTED A"~~'7 I~
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ONJU~If'i If ,1989
UNDER AGENDA ITEM NO. VI 1\ ~
,1989
,1989
,1989
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