HomeMy WebLinkAboutOrdinance_03-24_6/13/2024 ORDINANCE NO. 03-24
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 74. UTILITIES. SECTION 74-82. LIEN FOR
UNPAID SERVICE CHARGES. REVISING THIS SECTION TO PROVIDE
A PROCESS FOR THE VILLAGE SPECIAL MAGISTRATE TO IMPOSE
DELINQUENT UTILITY SERVICE CHARGES AGAINST THE
PROPERTIES SERVICED; PROVIDING THAT EACH AND EVERY
OTHER SECTION AND SUB-SECTION OF CHAPTER 74. UTILITIES.
SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY
ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
WHEREAS, current Village code states that unpaid water utility service charges
shall become a lien against the real property served, however, the code does not contain
any process for effectuating said liens; and
WHEREAS, based upon the recommendations from Village staff, the Village
Council desires to revise the code and establish procedures, including notice and a
hearing before the Village's Special Magistrate, for reducing unpaid water utility service
charges to liens upon the property served; and
WHEREAS, in conjunction with the adoption of this new procedure for securing
liens for unpaid water utility service charges, the Village's Utilities Department will also
revise its policy manual to include these procedures and to require all utility accounts to
be opened and maintained in the name of the property owner only; and
WHEREAS, the Village Council has determined that the code revisions contained
in this ordinance will serve the best interests of the citizens of the Village of Tequesta.
NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1: Chapter 74. Utilities. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article II. Water Service. by amending Section 74-82.
Lien for unpaid service charges. to establish procedures, including notice and a hearing
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before the Village's Special Magistrate, for reducing unpaid water service charges to liens
upon the property served; providing that Sec. 74-82 shall hereafter read as follows:
Sec. 74-82. - Lien for unpaid service charges; notice of lien imposition to
consumers; public hearings; recording of lien in public records of the county;
foreclosure of lien.
The village shall have a lien on all lands or premises served by the waterworks systems
of the village for all charges for water service or any other charges appearing on the
water bill until such charges are paid to the village together with all costs and expenses
incurred by the village in connection with the delinquent account. Such liens shall be
prior to all other liens on such lands or premises except a lien for state, county and
municipal taxes. Such liens, when delinquent for more than 30 days, may be feFeGlased
by the village atteFney may be imposed, recorded, and foreclosed in the following
manner:
Lal The director of the utilities department, or his or her designee, shall send by
certified mail, a delinquency notice to the consumer at the account name and
address, and to the owner of the property, if different at the address shown
of the county's ad valorem tax rolls of the delinquency and the amount of the
non-payment of water and/or other service charges. The owners, tenants. or
lessees shall severally and jointly be responsible for water and/or other
service charges.
The delinquency notice shall specify the delinquent billings, individual and
total, and shall notify the consumer and/or owner that the delinquency must
be paid within 30 days from the date of the notice and that if the consumer
fails to pay the delinquency within 30 days of the date of notice that a lien
imposition hearing will take place in front of the village special magistrate. The
notice shall state the date and time of the lien imposition hearing which shall
be the first available hearing date followina the end of the delinquency notice
and shall notify the consumer of their right to attend, present evidence. and
dispute the imposition of the charges at the hearing.
Lc Unless within 30 days the consumer and/or owner pays the amount of the
delinquency the Village Special Magistrate may by an order imposing lien levy
such charaes against the property served in the amount of the delinquency
then outstandina or in such lesser amount as the magistrate shall decide is
lust and fair. The date of the execution of the order imposing lien shall be the
date of levy of the assessment.
dM The village clerk shall cause the order imposing lien to be recorded in the
official records of the county in which the property is located.
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Le The assessment shall bear interest at the rate for judgments at the time of
imposition required by Sec. 55.03(1). Florida Statutes. as that section may be
amended from time to time. The assessment shall be subject to foreclosure if
not fully paid within three years of the date of delinquency. The lien shall be
foreclosed in the same manner in which mortgaae liens are foreclosed
The villaae's Utilities Service Policy Manual_shall include the above procedure for
securing liens for unpaid water utility charges, as same may be amended from time to
time.
Section 2: Each and every other section and subsection of Chapter 74. Utilities.
shall remain in full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
Section 4: Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon adoption.
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ORDINANCE DATE
_T_
F03-24 06/13/24
MOTION Council Member Patrick Painter SECOND Council Member Jayson E. French
FOR AGAINST ABSENT CONFLICT
Mayor Molly Young
Vice-Mayor Rick Sartory Fv
Council Member Laurie Brandon 0
Council Member Patrick Painter
Council Member Jayson E. French
The Mayor thereupon declared the Ordinance duly passed and adopted.
MAYOR OF TEQUESTA:
Molly�Youn�����
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ATTEST:
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Lori McWilliams, MMC ,,,4G Fv�O,�
Village Clerk