§ 58-12. Enforcement proceedings; foreclosure.  


Latest version.
  • If an assessment made under this chapter is in default for a period of 30 days, the city may enforce the assessment by a suit in equity. The bill in equity shall set forth briefly and succinctly the making of the assessment, the lien thereof, the amount thereof, and the description of the property upon which such lien has been acquired, and shall contain a prayer that the owner of the property shall pay the amount of the lien, together with costs and attorney's fee, or, in default thereof, that the property be sold to satisfy the lien, and in the decree provision shall be made for the sale of the property and collection of the amount for which the lien is given. The decree shall also be rendered for a reasonable attorney's fee and costs, which shall also be a lien upon the land and shall be collected at the time and in the manner provided for the collection of the amount for which the lien was originally given. In the proceeding provided for in this section, the owner of the land and any person interested therein, if they can be ascertained, shall be parties defendant. If the owner or parties interested cannot be ascertained after diligent inquiry, the proceedings shall be against the property on which the lien is claimed without mentioning any party as defendant. In such case, service shall be had by publication in a newspaper in the city once a week for four consecutive weeks. The city may also enforce the collection of any assessment in default by a foreclosure under the provisions of F.S. ch. 173 and under any other laws of the state.

(Code 1982, § 2-201)