§ 6-252. Special assessment and lien.

(a)

Upon the completion of all work and actions undertaken by the county pursuant to a notice issued under section 6-185, section 6-186, section 6-187, section 6-188 or section 6-189 or any combination thereof with respect to a building or structure identified therein for which the county has incurred enforcement costs, and provided that no appeal of such notice was timely filed under section 6-211, or if such appeal was timely filed, the notice was sustained or modified and the work and actions conformed to the notice as sustained or modified, and provided that no proceeding was commenced in a court of competent jurisdiction seeking relief from the decision on such appeal within the time provided by law, or if such proceeding was timely commenced, a final decision was rendered therein denying relief, the building official shall submit to the board of county commissioners a report detailing all such work and actions and itemizing all enforcement costs incurred by the county in completing the same.

(b)

Upon the receipt of a report submitted to it in accordance with subsection (a), the board of county commissioners is authorized by resolution to levy a special assessment against the real property upon which the building or structure identified therein is located up to the amount of the enforcement costs itemized therein, and such special assessment shall constitute a lien against such property equal in rank and dignity with the liens of all state, county, district or municipal taxes and non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. Such lien shall bear interest from the date of the resolution until paid at the legal rate of interest established pursuant to Section 55.03, Florida Statutes, or its successor in function. The special assessment and lien shall be deemed delinquent if not paid in full within sixty (60) days following the date of the resolution.

(c)

Upon the adoption of a resolution under subsection (b), the building official shall cause to be recorded in the public records of the county a notice of special assessment lien. The notice shall include the following:

(1)

The street address, legal description, parcel identification number and owner of the real property identified in the resolution, as reflected on the tax roll.

(2)

Information identifying the resolution and its adoption date.

(3)

A statement:

a.

That pursuant to the resolution, a special assessment was levied by the board of county commissioners against the real property for enforcement costs incurred by the county in connection with work and actions undertaken by the county under this article with respect to the property;

b.

That such special assessment constitutes a lien against such property;

c.

That such lien is equal in rank and dignity with the liens of all state, county, district or municipal taxes and non-ad valorem assessments;

d.

That except as otherwise provided by law, such lien is superior in dignity to all other liens, titles and claims, until paid;

e.

That such lien bears interest from the date of the resolution until paid at the legal rate of interest established pursuant to Section 55.03, Florida Statutes, or its successor in function; and,

f.

That such special assessment and lien become delinquent if not paid in full within sixty (60) days following the date of the resolution.

(4)

The amount of the special assessment.

(5)

The address to which payment of the special assessment must be remitted.

(d)

Promptly upon the recording of the notice under paragraph (c), the building official shall cause copies thereof and of the resolution described therein to be served upon the owner of the real property identified in the notice and each affected party with respect thereto by certified mail, postage prepaid, return receipt requested, with a demand upon the owner for prompt payment of the special assessment and lien as set forth in the notice. The addresses to which the copies are mailed shall be the addresses of the recipients as reflected on the tax roll for the mailing of tax notices, or if not so reflected, the addresses of the recipients as reflected in the instruments in the public records of the county by which the interests of the recipients in the property appear.

(Ord. No. 2016-34, § 1, 8-23-16)