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ORDINANCE NO. 2012 - o42 <br />ANORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS <br />201.08(H)(1) AND (2) OF THE CODE OF INDIAN RIVER COUNTY TO <br />ALLOW FOR REFUNDS OF UTILITY DEPOSITS TO TENANTS UNDER <br />CERTAIN CONDITIONS; AND PROVIDING FOR SEVERABILITY, <br />CODIFICATION AND AN EFFECTIVE DATE. <br />WHEREAS, sections 201.08(H)(1) and (2) of the Code of Indian River County provide <br />for the refund of water and sewer utility deposits to customers who are owners of the property <br />being served, under certain conditions relating to the payment history of the owner; and <br />WHEREAS, sections 201.08(H)(1) and (2) do not currently provide for the refund of <br />such deposits to customers who are tenants of the property being served, based upon the payment <br />history of the tenant; and <br />WHEREAS, the Board of County Commissioners has determined that it is fair and <br />equitable, and prudent from a financial standpoint, to amend sections 201.08(H)(1) and (2) to <br />provide for the refund of such deposits to customers who are tenants of the property being <br />served, under the conditions set forth herein, <br />NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: <br />Section 1. Findings. <br />The Board finds that the above "Whereas" clauses are true and correct, and hereby <br />incorporates such clauses as findings of the Board <br />Section 2 Amendment of Sections 201.08(H)(1) and (2) of the Code. <br />Sections 201.08(H)(1) and (2) of the Code of Indian River County, Florida, are hereby <br />amended to read as follows (new language indicated by underline, and deleted language <br />indicated by str-ikethr-eugh): <br />Deposits required upon opening, transferring, reconnecting; refund policy. <br />(1) The county shall require a deposit for each water and sewer account opened, <br />transferred to another name, or reconnected to the system based on the number of ERUs. The <br />deposit will be retained in a non-interest bearing account. Upon discontinuance of service and <br />rendering of final bill, the deposit shall be refunded, less any amount remaining unpaid. In the <br />event any customer's service is shut off for nonpayment, prior to reconnection the customer will <br />pay the accrued balance .,ail b ility eh plus, if at the discretion of the department it <br />is necessary to insure payment, a deposit equal to twice the customer's average monthly bill in <br />lieu of following the schedule set forth hereafter. Customers who are owners of the property for <br />which the account is opened and who have not been assessed late payment fees or been shut off <br />F.LAuorneyV.M&GeneroNtesol.6—&Ordiw-10r&mmeslUiilitiesWefundofDepostrs m Tenanis.d— i <br />