§ 102-135. Liens.

(a)

The city shall have a lien on all lands or premises served by its sewer system for all fees and service charges for such sewer facilities until paid, which lien shall be prior to all other liens on such lands or premises, except the lien of state, county and municipal taxes and municipal liens for other municipal services such as water and refuse, and shall be on a parity with the lien of such state, county and municipal taxes and other municipal liens. Such lien shall arise at the time of connection of sewer service to such lands or premises and shall be due and payable at the time of delinquency of any unpaid sewer fees and service charges. Interest shall accrue on unpaid liens at the rate of 12 percent per annum.

(b)

The city shall be entitled to institute foreclosure proceedings at any time after a lien is attached and is delinquent for a period of 30 days, such proceedings to be in accordance with law, and the city shall be entitled to collect reasonable attorneys' fees from the owner for services rendered by the city's attorneys in the institution and prosecution of such foreclosure proceedings.

(c)

Liens created under this section shall, upon the request of the user or the owner of the property affected and upon payment of all delinquent fees, including lawful interest thereon, and all penalties imposed, be released by a certificate signed by the city manager or the city finance director and bearing the seal of the city. The issuance of such certificate shall constitute prima facie evidence of the existence or nonexistence of any such delinquent fees and shall, in the absence of fraud perpetrated by the party requesting the certificate, be binding upon the city as to the existence or nonexistence of any lien created under this section.

(Code 1960, § 22-14)

State law reference

Limitation on liens, F.S. § 180.135.