Ordinance 2007-285 - Laserfiche WebLink

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who is delinquent in payment of an Assessment within 60 days from the date such Assessment was due, or, in any event, not less than 30 days prior to initiation of foreclosure proceedings. Such notice shall state in effect that the City or its agent will initiate a foreclosure action and cause the foreclosure of such property subject to a delinquent Assessment in a method now or hereafter provided by law for foreclosure of mortgages on real estate, or otherwise as provided by law. (4) All costs, fees and expenses, including reasonable attorney fees and title search expenses, related to any foreclosure action as described herein shall be included in any judgment or decree rendered therein. At the sale pursuant to decree in any such action, the City may be the purchaser to the same extent as an individual person or corporation. The City may join in one foreclosure action the collection of delinquent Assessments against any or all property assessed in accordance with the provisions hereof. All delinquent property owners whose property is foreclosed shall be liable for an apportioned amount of reasonable costs and expenses incurred by the City and its agents, including reasonable attorney fees, in collection of such delinquent Assessments and any other costs incurred by the City as a result of such delinquent Assessments including, but not limited to, costs paid for draws on a credit facility and the same shall be collectible as a part of or in addition to, the costs of the action. (5) In lieu of foreclosure, any delinquent Assessment and the costs, fees and expenses attributable thereto, may be collected pursuant to the Uniform Assessment Collection Act; provided however, that (1) notice is provided to the owner in the manner required by law and this Ordinance, and (2) any existing lien of record on the affected Parcel for the delinquent Assessment is supplanted by the lien resulting from certification of the Assessment Roll to the Tax Collector. (B) The City may collect Assessments pursuant to the Uniform Assessment Collection Act, and the City shall comply with all applicable provisions thereof, including but not limited to: (1) entering into a written agreement with the Property Appraiser and the Tax Collector for reimbursement of necessary expenses, and (2) adopting a Resolution of Intent after publishing weekly notice of such intent for four consecutive weeks preceding the hearing. The Resolution of Intent may be adopted either prior to or following the Initial or Final Assessment Resolution; provided however, that the Resolution of Intent must be adopted prior to January 1 (March 1 with consent of the Property Appraiser and Tax Collector) of the year in which the Assessments are first collected on the ad valorem tax bill. Any hearing or notice required by this Ordinance may be combined with any other hearing or notice required by the Uniform Assessment Collection Act. Section 18. Responsibilitv for Enforcement. The City and its agent, if any, shall maintain the duty to enforce the prompt collection of Assessments by the means provided herein. The duties related to collection of Assessments may be enforced at the suit of any holder of Obligations in a court of competent jurisdiction by mandamus or other appropriate proceedings or actions. Section 19. Release of Lien. Upon payment of the entire Assessment, including accrued interest, or the final installment thereof, the lien against the property for which such payment was made shall be released. The City may, or at the request of the payer shall, issue a satisfaction of lien which the City may record in the City Clerk's Atlantic Isle Improvement Lien Book and, if applicable, in the Official Records of Miami-Dade County, Florida. If appropriate, the Assessment Coordinator or the City Clerk, in his sole discretion, may execute and have recorded a partial release of lien in relation to a particular benefited Parcel or Parcel(s) upon payment of the appropriate portion of the overall Assessment. 9