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ORDINANCE NO. 2008- 004 <br />AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN <br />RIVER COUNTY, FLORIDA AMENDING SECTION 201.08 H OF THE COUNTY'S <br />COUNTY WATER AND SEWER SERVICES ORDINANCE TO REMOVE THE <br />REQUIREMENT TO PAY INTEREST ON WATER AND SEWER DEPOSITS; <br />PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF OTHER <br />CONFLICTING ORDINANCES; PROVIDING FOR INCLUSION IN THE CODE OF <br />ORDINANCES OF INDIAN RIVER COUNTY; PROVIDING FOR FILING WITH THE <br />DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE. <br />BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN <br />RIVER COUNTY, FLORIDA, as follows: <br />PART I: AMENDMENT TO SECTION 201.08.H OF THE CODE OF INDIAN RIVER <br />COUNTY. <br />Section 1. AMENDMENT TO SECTION 201.08.H. After the effective date of this <br />Ordinance, Section 201.08.H of the Code shall be amended to read as follows: <br />Section 201.08. Rates and charges. <br />H. Deposits required upon opening, transferring, reconnecting; refund policy. The county <br />shall require a deposit for each water and sewer account opened, transferred to another <br />name, or reconnected to the system based on the number of ERUs. The deposit will be <br />retained in an a non- interest bearing account_, the interest on which will be paid to the <br />customer upon refund of the deposit . Upon discontinuance of service and rendering of final <br />bill, the deposit shall be refunded, less any amount remaining unpaid In the event any <br />customer's service is shut off for nonpayment, prior to reconnection the customer will pay the <br />accrued base facilities charge plus if at the discretion of the department it is necessary to <br />insure payment, a deposit equal to twice the customer's average monthly bill in lieu of <br />following the schedule set forth hereafter. Customers who have not been assessed late <br />payment fees or been shut off for nonpayment for a period of twenty-four months shall <br />receive a refund of their deposit; except that deposits of customers who are tenants or who <br />otherwise rent or lease the structure served by water or sewer utilities and including all <br />commercial accounts will be retained until service is discontinued to that customer. <br />PART II: GENERAL PROVISIONS <br />SECTION 1: SEVERABILITY. If any clause, section or provision of this Ordinance shall be <br />declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or <br />reason, the same shall be eliminated from this Ordinance and the remaining portion of this <br />Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof <br />had not been incorporated therein. <br />SECTION 2. REPEAL OF CONFLICTING ORDINANCES. The provisions of any other Indian <br />R'ver County ordinance that are inconsistent or in conflict with the provisions of this <br />Ordinance are repealed to the extent of such inconsistency or conflict. <br />1 <br />