§ 58-41. Billing procedure; liens.

(a)

Under this article, the city manager is authorized and directed to collect the applicable fee each month, billing the fee as a separate item on the utility bill.

(b)

Charges included in utility bills shall be a lien upon the real property. Whenever a utility bill remains unpaid 60 days after it has been rendered, the city clerk may file with the county recorder a statement of lien claims. This statement shall contain the legal description of the premises served, the amount of the unpaid bill and a notice that the city claims a lien for this amount as well as for all charges subsequent to the period covered by the bill.

(c)

If the consumer billed is not the owner of the premises and the clerk has notice of this, notice shall be mailed to the owner of the premises, if his address is known to the clerk, whenever the utility bill remains unpaid for a period of 60 days after it has been rendered.

(d)

The failure of the clerk to record such lien claim and to mail such notice or the failure of the owner to receive such notice shall not affect the right to foreclose the lien for unpaid utility bills as mentioned in subsection (e) of this section.

(e)

The owner shall be responsible for the payment of attorney's fees incurred by the city in any action brought by the city to foreclose such lien.

(f)

Property subject to a lien for unpaid utility charges shall be sold for nonpayment of the lien, and the proceeds of such sale shall be applied to pay the charges and attorney's fees after deducting costs. The city attorney is authorized and directed to institute such proceedings, in the name of the city, in any court having jurisdiction over such matters, against any property for which a utility bill has remained unpaid for 60 days after it has been rendered.

(Code 1988, § 17-40)

State law reference

Restrictions on placing liens on property, F.S. § 180.135.