(a) Lien when customer is owner of property. In addition to any other remedy provided in this chapter, when the customer is the owner of the property, the city shall have a lien against the property serviced for any and all unpaid fees and charges authorized for the city's refuse collection system. The city may record the lien in the public records of Palm Beach County, Florida. The lien shall be coequal with the lien of all county and municipal taxes, superior in dignity to all other liens, titles and claims, until paid. Such lien when delinquent for more than 30 days may be foreclosed by the city in the manner provided by the laws of Florida for the foreclosure of mortgages on real property. The city shall be entitled to recover costs and a reasonable attorney's fee incurred in foreclosing any such lien. No change of occupancy or ownership shall affect the lien.
(b) Lien when customer is tenant. When the customer is a tenant, the city shall have a lien against the leasehold interest and the tenant's personal property on the premises for all unpaid fees and charges. The city may record the lien in the public records of Palm Beach County, Florida. The lien shall be coequal with the lien of all county and municipal taxes, superior in dignity to all other liens, titles and claims, until paid. The city shall be entitled to recover costs and a reasonable attorney's fee incurred in foreclosing any such lien. The city shall not impose a lien against the rental property for any unpaid utility charges incurred by a former occupant except to the extent that the present tenant or owner directly benefited from the services provided to the former occupant. It is presumed that a property owner benefit from the city providing utilities to the former occupant unless the property owner following the city's notice of intent to file a lien, submits an affidavit and supporting documents to the city establishing the following, when applicable:
(1) The lease agreement, in effect during the time period the delinquency accrued, contained a provision or addendum which required the tenant/former occupant to pay the utilities; and
(2) The property owner had no knowledge that utility payments were in arrears;
(3) The property owner received no rent payment during the time period the delinquency accrued; and
(4) The property owner did not have a security deposit or the security deposit was applied to delinquent rent; and
(5) Prior to the time period the delinquency accrued, the property owner legally conveyed all of his/her/its interest in the respective property to an unassociated individual or entity.
The owner of a rental unit shall be responsible for all fees and charges for the rental property until such time as the tenant applies for service and tenders the required deposit. Any charges prior to the current tenant's application and deposit and subsequent to the former tenant's termination shall be the responsibility of the owner. The city shall have a lien against the property serviced for all unpaid fees and charges during the period of the owner's responsibility as stated in subsection (a) of this section.
(c) Liability for charges: civil actions. The customer applying for utility service shall be personally liable to the city for the payment of all fees and charges. In addition to all other remedies, including the lien and foreclosure remedies set forth in (a) and (b) above, the city shall have the authority to recover from the customer in a civil legal action all unpaid fees, charges and penalties and the costs and a reasonable attorney's fee incurred in any such action, including those incurred while on appeal. Additionally, the customer shall be liable for any administrative costs the city incurs in collection of the account.
(d) An administrative fee of $125.00 shall be charged to the customer whenever the city records a lien against the property serviced for unpaid refuse collection rates, fees and charges.
(Ord. No. 16-005, § 4, 3-1-16)