Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023)
 Code of Ordinances
 Chapter 17.5. Special Assessments   
 Article I. Street Lighting Assessments
 Division 3. Collection And Use
  

  Division 3. Collection And Use

§ 17.5-19. Method of collection.
Latest version.

(a) Unless otherwise directed by the city commission, the street lighting assessments shall be collected pursuant to the uniform method provided in the Uniform Assessment Collection Act; and the city shall comply with all applicable provisions of the Uniform Assessment Collection Act. Any hearing or notice required by this article may be combined with any other hearing or notice required by the Uniform Assessment Collection Act.

(b) The amount of a street lighting assessment to be collected using the uniform method pursuant to the Uniform Assessment Collection Act for any specific parcel of benefited property may include an amount equivalent to the payment delinquency, delinquency fees and recording costs for a prior year's assessment for a comparable service, facility or program provided:

(1) The collection method used in connection with the prior year's assessment did not employ the use of the uniform method of collection authorized by the Uniform Assessment Collection Act;

(2) Notice is provided to the owner as required under the Uniform Assessment Collection Act; and

(3) Any lien on the affected parcel for the prior year's assessment is supplanted and transferred to such street lighting assessment upon certification of a non-ad valorem roll to the tax collector by the city.

(Ord. No. 2010-10, § 1, 5-18-10)
§ 17.5-20. Alternative method of collection.
Latest version.

(a) In lieu of utilizing the Uniform Assessment Collection Act, the city may elect to collect the street lighting assessments by any other method authorized by law or under the alternative collection method provided by this section.

(b) The city shall provide street lighting assessment bills by first class mail to the owner of each affected parcel of property, other than government property. The bill or accompanying explanatory material shall include:

(1) A brief explanation of the street lighting assessment;

(2) A description of the unit of measurement used to determine the amount of the street lighting assessment;

(3) The number of units contained within the parcel;

(4) The total amount of the street lighting assessment imposed against the parcel for the appropriate period;

(5) The location at which payment will be accepted;

(6) The date on which the street lighting assessment is due; and

(7) A statement that the street lighting assessment constitutes a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments.

(c) A general notice of the lien resulting from imposition of the street lighting assessments shall be recorded in the official records of the county. Nothing in this subsection shall be construed to require that individual liens or releases be filed in the official records.

(d) The city shall have the right to foreclose and collect all delinquent street lighting assessments in the manner provided by law for the foreclosure of mortgages on real property or appoint or retain an agent to institute such foreclosure and collection proceedings. A street lighting assessment shall become delinquent if it is not paid within 30 days from the date any installment is due. The city or its agent shall notify any property owner who is delinquent in payment of his street lighting assessment within sixty (60) days from the date such assessment was due. Such notice shall state in effect that the city or its agent will either:

(1) Initiate a foreclosure action or suit in equity and cause the foreclosure of such property subject to a delinquent street lighting assessment in a method provided by law for foreclosure of mortgages on real property; or

(2) Cause an amount equivalent to the delinquent street lighting assessment, not previously subject to collection using the uniform method under the Uniform Assessment Collection Act, to be collected on the tax bill for a subsequent year.

(e) All costs, fees and expenses, including reasonable attorney's fees and title search expenses, related to any foreclosure action as described in this section shall be included in any judgment or decree rendered in such action. At the sale pursuant to decree in any such action, the city may be the purchaser to the same extent as any person. The city or its agent may join in one foreclosure action the collection of street lighting assessments against any or all property assessed in accordance with the provisions of this section. All delinquent 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's fees, in collection of such delinquent street lighting assessments and any other costs incurred by the city as a result of such delinquent street lighting assessments and the costs shall be collectible as a part of or in addition to the costs of the action.

(f) In lieu of foreclosure, any delinquent street lighting assessment and the costs, fees and expenses attributable to such assessment, may be collected pursuant to the Uniform Assessment Collection Act; however:

(1) Notice must be provided to the owner in the manner required by the Uniform Assessment Collection Act and this article; and

(2) Any existing lien of record on the affected parcel for the delinquent street lighting assessment is supplanted by the lien resulting from certification of the assessment roll, as applicable, to the tax collector.

(g) Notwithstanding the city's use of an alternative method of collection, the city manager shall have the same power and authority to correct errors and omissions as provided to him or county officials in section 17.5-17

(h) Any city commission action required in the collection of street lighting assessments may be by resolution.

(Ord. No. 2010-10, § 1, 5-18-10)
§ 17.5-22. Government property.
Latest version.

(a) If street lighting assessments are imposed against government property, the city shall provide street lighting assessment bills by first class mail to the owner of each affected parcel of government property. The bill or accompanying explanatory material shall include:

(1) A brief explanation of the street lighting assessment;

(2) A description of the unit of measurement used to determine the amount of the street lighting assessment;

(3) The number of units contained within the parcel;

(4) The total amount of the parcel's street lighting assessment for the appropriate period;

(5) The location at which payment will be accepted; and

(6) The date on which the street lighting assessment is due.

(b) Street lighting assessments imposed against government property shall be due on the same date as all other street lighting assessments and, if applicable, shall be subject to the same discounts for early payment.

(c) A street lighting assessment shall become delinquent if it is not paid within 30 days from the date any installment is due. The city shall notify the owner of any government property that is delinquent in payment of its street lighting assessment within 60 days from the date such assessment was due. Such notice shall state that the city will initiate a mandamus or other appropriate judicial action to compel payment.

(d) All costs, fees and expenses, including reasonable attorney's fees and title search expenses, related to any mandamus or other action as described in this section shall be included in any judgment or decree rendered in such action. All delinquent owners of government property against which a mandamus or other appropriate action is filed shall be liable for an apportioned amount of reasonable costs and expenses incurred by the city, including reasonable attorney's fees, in collection of such delinquent street lighting assessments and any other costs incurred by the city as a result of such delinquent street lighting assessments; and the costs shall be collectible as a part of or in addition to the costs of the action.

(Ord. No. 2010-10, § 1, 5-18-10)