(A) In the event the costs of abatement are not paid within the time limits set forth in this subchapter, the City Manager shall report to the City Commission the cost of such abatement by the city or its agents, including the costs of inspection and administration. Thereafter, the City Commission shall by resolution assess the cost against the subject parcel. Such resolution shall describe the property assessed, show the cost of the abatement, including costs of inspection and administration, and indicate that the assessment shall bear interest as set forth in F.S. § 55.03 as now enacted or as may hereafter be amended, and if collection proceedings are necessary, that the property owner would be required to pay the cost of such proceedings including a reasonable attorney’s fee. Such resolution shall become effective immediately upon passage. The City Clerk shall record a certified copy of the resolution in the public records of Broward County, and the lien shall be deemed to be co-equal with liens of ad valorem taxes and prior in dignity to any other lien, including mortgages, irrespective of the date of recording of the lien or the date of recording any mortgage or other lien on the property, and such lien shall survive any action to foreclose such inferior lien, whether such inferior lien arises by virtue of a mortgage, mechanic's lien of other security interest in real property, which shall secure the cost of abatement, including costs of inspection and administration, and collection costs including a reasonable attorney’s fee.
(B) At the time the City Clerk sends the certified copy of the resolution for recording, a notice shall also be mailed to the property owner in substantially the following form:
NOTICE OF LIEN
Date
TO:
ADDRESS:
You are hereby advised that the City of Pompano Beach did on or about abate the public nuisance which was found to exist on your property as further described below.
Legal Description:
AKA:
Folio Number:
Including inspection and administration, the City incurred costs of to abate the public nuisance. You were previously mailed a Notice of Assessment requesting payment; however, the required payment has not been received; therefore, pursuant to City Ordinance requirements a lien co-equal with liens of ad valorem taxes and superior to all other liens of record has been recorded against your property in the form of the attached Resolution. Please take notice that the Resolution, in addition to the original cost of the abatement plus inspection and administrative fees, requires payment of interest as set forth in F.S. § 55.03 as now enacted or as may hereafter be amended and if collection proceedings are necessary, the cost of such proceedings including a reasonable attorney’s fee. At such time as the City of Pompano Beach has received full payment for such lien, the City Manager or his/her designated representative will execute a release thereof to remove the lien from your property, the recording cost of which shall be borne by you.
By: City Clerk's Office
100 West Atlantic Boulevard
Pompano Beach, FL 33060
954-786-4611
cc: Lien Search Department
(C) Nothing contained in this section shall be construed to be inconsistent with or repugnant to any law or statute respecting the priority of liens, and where such law or statute specifically provides for the priorities of liens, the provisions of this section shall be construed to achieve harmony therewith.
(Ord. 88-24, passed 1-12-88; Am. Ord. 2008-60, passed 9-23-08; Am. Ord. 2009-34, passed 5-12-09; Am. Ord. 2012- 69, passed 9-24-12)