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(A) Whenever a bill with a previous balance is rendered to a customer, a delinquent date shall appear on the bill. The delinquent date shall be the date service is subject to shutoff if payment if not made and credited to the proper account. No further notice shall be required prior to shutoff. The delinquent date shall be no less than 45 days from the original billing date, within which time the customer must pay any amount past due, and if payment is not made the Finance Department shall cause the shutoff of water service. A partial payment shall not constitute payment of a bill for the purpose of this section, except for the provisions of § 50.07(G).
(B) In the event a potable water, reuse water, wastewater, or refuse collection bill has not been paid as and when due, any unpaid balance thereof and all interest accruing thereon shall be a lien upon the premises unless prohibited by law. The lien shall be superior and paramount to the interest in the premises of any owner, lessee, tenant, mortgagee, or other person or entity except a lien of the state, county, and municipal taxes, and shall be on a parity with the lien of the state, county, and municipal taxes.
(C) Whenever a bill for potable water, reuse water, wastewater, or stormwater service remains unpaid 30 days or more after it has been rendered, the lien may be recorded in the official records book for Broward County. The lien shall contain the legal description of the premises served and the amount of the unpaid bill together with interest thereon at the prime rate per annum as determined on the first Monday following the shut-off date, as published in the Wall Street Journal. Interest will commence from the date of the recording of the lien. If a lien is recorded, an additional charge of $25 shall be added to the amount of the lien to cover the costs of administration and recording. Failure to record the lien shall not affect the right to foreclose the lien for unpaid potable water, reuse water, wastewater or stormwater bills as hereinafter set forth.
(‘58 Code, § 49.14.1) (Ord.78-59, passed 6-20-78; Am. Ord. 89-03, passed 10-4-88)
(D) Property subject to a lien for unpaid potable water, reuse water, wastewater or stormwater charges may be foreclosed by the city in the manner provided by state law for the foreclosure of mortgages on real property, or, in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions of F.S. Ch. 173, or payment thereof enforced as authorized by law.
(E) Any account whose service is terminated for nonpayment shall be subject to a $20 charge, representing a charge for disconnection of the meter, incurred to terminate service. This charge will be added to the next bill and nonpayment of this charge will subject the customer to penalties provided for nonpayment of bills.
(F) If any customer who closed an account or whose service is terminated for nonpayment allows the account to remain unpaid for 30 days, the city shall have the right under subsection (C) above to place a lien on the property, or if the customer is not the property owner, or if it is not in the best interest of the city to place such a lien, to transfer the remaining balance to any other utility account the customer may maintain with the city. If, after 30 days from the date of notification of such transfer, the balance remains unpaid, service at the customer’s second location may be terminated for nonpayment. As provided herein when a property is sold it shall be the responsibility of the purchaser or his agent to arrange for full payment of any balances due for that property.
(G) In those circumstances where an account has accumulated a previous balance that was caused by a city error the customer shall be entitled to make regular payments towards the accumulated balance. The customer shall be entitled upon written request and approval by the Finance Director or his designee to enter into such an arrangement. Under no circumstances, however, shall the agreement period exceed the rebilling period, that is if a customer is rebilled for six months of usage, the maximum period of time that may be utilized to bring the account current shall be six months, provided, however, current charges must be paid in full when due.
(‘58 Code, § 49.14.2) (Ord.78-59, passed 6-20-78; Am. Ord. 86-53, passed 4-l-86; Am. Ord. 90-13, passed 11-21-89; Am. Ord. 2007-44, passed 3-27-07) Penalty, see § 10.99