§ 12-29. Liens and remedies for nonpayment of service.
Latest version.
Subject to the provisions of Section 125.485, Florida Statutes, if the fees, rates
or charges for the services and facilities of the PCU water, wastewater and reclaimed
water systems shall not be paid as and when due, and shall be in default for thirty
(30) days or more, then the unpaid balance thereof, together with attorneys' fees
and costs, may be recovered by the county in a civil action, by recording of a notice
of lien, by referring the delinquent account to a collection agency, or a combination
thereof. In the event the delinquent account holder is the owner of the property to
which utility service was provided, a notice of lien, in such form as the board of
county commissioners shall determine appropriate, may be filed in the office of the
clerk of the circuit court of Polk County, Florida, and shall be recorded as other
liens are recorded. Any such lien, upon recording, shall be constructive notice of
such lien and may be foreclosed or otherwise enforced by the county by action or suit
in equity. Any lien provided for in this section shall accrue interest at the statutory
rate, as provided for in Sections 687.01 and 55.03, Florida Statutes, as amended from
time to time, from the date of recording. Such interest as provided for in this section
shall also constitute a lien against the property assessed of equal dignity to that
of the underlying lien.
(Ord. No. 10-081, § 14, 12-1-10)
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