10/20/1992 - Laserfiche WebLink

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M M M Larry Barkett, local attorney, came before the Board and stated that he represents the 600 plus residents of Heritage Village and that Attorney Vitunac is incorrect in saying there is no remedy. He quoted from Section 201.22 of Ordinance 91-9, which says water and sewer charges are chargeable to the property owner and that a lien can be placed on the property. He added that even though the County may bill the tenant or occupant at the request of the owner, this shall in no way relieve the owner of responsibility for payment. The ordinance also says if the owner doesn't pay, you may shut off the water. However, the landlord would be getting off scot free and the residents would be without water. Since the County Attorney signed an agreement with the landlord and the agreement said the landlord would pay for this water, Attorney Vitunac was procedurally incorrect, which is why the Court would not force anyone to pay. He added that the tenant did not order this water and sewer, the landlord did, and now Attorney Vitunac is trying to make the tenants pay something that the landlord agreed to pay. Attorney Vitunac argued that there is a great risk in requiring the landlord to pay off the lien when the tenants are getting free water, because the County may end up being out several hundred thousand dollars. Commissioner Scurlock asked why the County doesn't file a lien, and Director Pinto replied that a new lien would have to be filed every month; the procedure is to shut the water off, then file the lien. Although the County has an agreement with the owner, the water gets shut off when the individual doesn't pay and then a lien can be filed. Commissioner Scurlock then asked if there is any requirement against filing the lien without turning off the water, and Attorney Vitunac answered that the County would then be at great risk to never collect the unpaid water bills. He tried to get each party to come up with some sort of security so the bills could at least get paid, and thus avoid having to turn off the water. He reiterated that staff is just trying to prevent having to turn off the water. Commissioner Scurlock insisted that the Board was not going to turn off the water to 400 households, and if anyone thought that, they must be smoking something. He added that the agreement was between the County and the owner, and it is very firm in the contract that the owner is responsible for payment. 01.1 OCTLL 2 01992 Boot I