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