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