§ 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)