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9/30/2015 3:57:31 PM
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Water and Sewer Fees Lien for Unpaid Bills
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a/ 22/9s <br />-t <br />ORDINANCE NO. 95- 17 <br />AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING <br />CHAPTER 201.22 OF THE INDIAN RIVER COUNTY CODE RELATING <br />TO WATER AND SEWER SERVICE, ESTABLISHING A PRIORITY FOR <br />UTILITY LIENS, AND DETERMINING PARTY RESPONSIBLE FOR <br />UTILITY PAYMENTS. <br />COUNTY, FLORIDA, that: <br />follows: <br />SECTION 1. <br />Section 201.22 of the Indian River County Code, which reads as <br />"Section 201.22. Water/sewer fees chargeable to property <br />owners; County may bill tenant. <br />Water and sewer services are chargeable to the property owner, who shall be <br />the customer. The County may bill the tenant or occupant of each premise for <br />the water and sewer charges at the request of the owner, express or implied, <br />but, this shall in no way relieve the owner of responsibility for payment. <br />Nothing in this chapter shall be construed as a mandate for mobile home park <br />owners to pass through impact fees to mobile home owners or tenants. Any <br />payment remaining unpaid for a period of thirty (30) days may constitute a <br />lien in favor of the County against the property serviced and the County may <br />record said lien in the public records of Indian River County, Florida. <br />County is authorized to discontinue service when payment is thirty (30) days <br />overdue and shall not reinstate service until full payment is received." <br />is amended to read as follows: <br />"Section 201.22. Responsibility for payment of water/sewer <br />fees; lien for unpaid bills. <br />A. Except when the exception for non -owner customers of subparagraph B <br />applies, responsibility for payment of any and all utility charges rests <br />with the property owner. Charges for which the owner is responsible <br />shall constitute ari automatic lien in favor of the County against the <br />property serviced. The County may record the liens in the public <br />records of Indian River County, Florida; however, the liens need not be <br />recorded to be an enforceable lien against the property. It is the <br />intention of the County that these.liens, whether recorded or not, shall <br />have the same priority as liens for taxes and other governmental <br />.assessments, and shall be superior to mortgages and other claims against <br />the property, whether or not the mortgages or other claims predate the <br />creation of this lien. The County finds that having such a priority <br />status for its utility liens is necessary and serves a public purpose, <br />and that it has the authority to enact this provision pursuant to the <br />authority of Dade County v. Certain Lands, 247 So.2d 787, and Gleason v. <br />Dade County, 174 So.2d 466, Section 153.67, F.S., and Section 125.01(1), <br />F.S. <br />B. When an account is opened by a non -owner customer, the non -owner <br />customer shall be responsible for payment of all fees and charges, <br />except that the property owner shall be responsible for payment of the <br />base facility charge if not paid by the non -owner customer. The County <br />shall collect a deposit equal to no less than two months' estimated <br />utility bills for that customer. This deposit shall not be returned <br />until the account is closed and all unpaid charges which are the <br />responsibility of the non -owner customer are paid. The deposit may be <br />used to offset any such charges. Unpaid utility bills for which the <br />non -owner customer is responsible shall not be a lien against the <br />owner's property. The property owner shall be responsible for payment <br />of the base facility charge. <br />(page one of two) <br />
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