§ 2-10-74. Stormwater management assessment lien.  


Latest version.
  • All stormwater management assessments, assessed pursuant to this article, shall be a lien upon the property to which such assessment relates from the first day of the year for which said assessment is imposed until such assessment is paid. The owner of every building, premise, lot or house shall be obligated to pay the stormwater management assessments, which obligation may be enforced by the county by action at law or suit to enforce the lien in the same manner as the foreclosure of mortgages. In the event of such action, the county shall be entitled to recover all court costs and reasonable attorney fees for such collection. In the case where a tenant in possession of any premises or buildings shall pay said assessment, it shall relieve the land owner from such obligation and lien; but the county shall not be required to look to any person whatsoever other than the owner for the payment of such assessment. No changes of ownership or occupation shall affect the application of this article, and the failure of any owner to learn that he purchased property against which a lien for stormwater management assessment exists, shall in no way affect his or her responsibility for such payment. In addition to the above, in the event the annual stormwater management assessment is collected pursuant to the provisions of Chapter 197, Florida Statutes, as amended and supplemented, it shall be subject to all collection provisions thereunder, including provisions relating to discount for early payment, prepayment by installment method, deferred payment, penalty for delinquent payment, and issuance and sale of a tax certificates and tax deeds for nonpayment, as provided by law. Such stormwater management assessment is subject to becoming a lien against homestead, as provided in Section 4, Article X, of the Florida Constitution.

    It is the intent of the county by the enactment of this section that, until fully paid and discharged or barred by law, the stormwater management assessments shall be prior to other liens, except that such liens shall be on a parity with the lien of state, county and municipal taxes, and any lien for charges for services created pursuant to Section 159.17, Florida Statutes.

(Ord. No. 91-25, § 9, 1-15-91)