§ 98-40. Collection of assessments.

(a)

Responsibility for enforcement. It shall be the duty of the county and its agent, if any, to enforce the prompt collection of assessments by the means herein provided. The duties related to collection of assessments may be enforced at the suit of any holder of bonds secured by such assessments in a court of competent jurisdiction by mandamus or other appropriate proceedings or action.

(b)

Collection by foreclosure. The county shall have the right to appoint an agent to foreclose and collect all delinquent assessments in the manner provided by law. An assessment shall become delinquent if it is not paid within 45 days from the date any installment is due. Failure to pay such installment of principal or interest or any part thereof when same becomes due and payable shall cause, without notice or other proceedings, all installments of principal remaining unpaid to be immediately due and payable and subject to foreclosure or any other collection proceeding available at law. Any board action required in the collection of assessments may be by resolution. All costs, fees and expenses, including reasonable attorney fees, related to any foreclosure action as described in section 98-40(d) hereof shall be borne by the delinquent property owner. At the sale pursuant to decree in any such action, the county may be the purchaser to the same extent as an individual person or corporation.

(c)

Joinder of actions. The county may join in one action the collection of assessments against any or all property assessed in accordance with the provisions hereof. All delinquent property owners whose property is foreclosed shall pay reasonable costs and expenses incurred by the county and its agents, including reasonable attorney fees, in collection of such delinquent assessments and any other costs incurred by the county as a result of such delinquent assessments (including costs paid for draws on a credit facility), and the came shall be collectible as a part of or in addition to the costs of the action.

(d)

Payment during foreclosure proceedings. If prior to any sale of the property under decree of foreclosure in such proceedings, payment is made of the amounts then due pursuant to the final assessment resolution, and all costs, fees and expenses of the county and its agent, as a result of such delinquent assessments, including reasonable attorney fees and costs for draws on a credit facility, such payment, unless otherwise provided by resolution of the board, shall have the effect of restoring any remaining installments in respect of an assessment to their original maturities and the proceedings shall be dismissed.

(e)

Use of alternative collection method. In the event the board utilizes the alternative method of collection of assessments as described in subsection (f) hereof, the provisions of subsections (a) through (d) hereof shall be superseded to the extent of any conflict with applicable law or any agreement between the county and the property appraiser or tax collector relating to such alternative method. The county shall provide such information to the property appraiser and the tax collector as shall be necessary to collect the assessments pursuant to such alternative method.

(f)

Collection by tax collector. As an alternative method to collection by the clerk as provided in subsections (a) through (d) hereof, the board may, either at the public hearing held pursuant to subsection (f) hereof or at such other time as it deems appropriate, authorize the collection of assessments in the manner provided for the collection of ad valorem taxes. Such alternative method shall be authorized by resolution of the board and the county shall comply with all applicable provisions of law relating to such alternative method, including F.S. §§ 197.363, 197.3631 and 197.3632, and any successor provision thereto. In the event such alternative method is used by the county, the provisions hereof shall be superseded to the degree of any conflict with applicable law or with any agreement between the county and the property appraiser or the tax collector relating to such alternative method. Any hearing or notice required by the division may be combined with any other hearing or notice required to collect the assessments on the same bill as ad valorem taxes. Assessments relating to an individual project shall be collected either by the method described in subsection (a) through (d) hereof or in this subsection (f), not by both methods.

(Code 1979, § 21-44; Ord. No. 97-07, § 1, 3-11-97)