11/24/1992 - Laserfiche WebLink

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Village Mobile Home Park. Mr. Brown recounted that a year ago, pursuant to Ordinance 84-18, the County notified the park owner that the water lines were in and it was time to connect to the County water system and discontinue using the private system. Neither the park owner nor the mobile home park residents were pleased with the change and emotions have run high over this issue because under their leases the mobile home park tenants agree to pay as additional rent the increased cost of utilities incurred during the term of the lease. Attorney Brown urged the Board to put the emotional issues aside and address this issue from the perspective of the interest of the citizens of Indian River County as well as the Utility Department. He reminded the Board that the dispute presently is being litigated in Circuit Court to determine whether the park owner can pass on the utility costs to the residents. Attorney Brown understood that the Indian River County utilities ordinance provides for individual metering of multiple - unit properties. If a bill is not paid within 20 days, notice is given that the water will be turned off after an additional 10 days. The owner of multiple units is the guarantor if the tenant does not pay the bill, and the County may place a lien on the property; however, the County looks primarily to the tenant for payment. Therefore, the owner of Heritage Village is not responsible for service in excess of 30 days. Attorney Brown described the residents of Heritage Village Mobile Home Park as "shrewd" in embroiling the County in this dispute. He advised that the Board's decision of October 20, 1992 places his client in the position of having to sue the County in Federal Court for discrimination under the U.S. Civil Rights Act. The County must impose the same rule on all owners of multiple rental property that it imposed on Heritage Village in order to be in compliance with that act. Attorney Brown stated that his client takes the position that the tenants are responsible for utility payments, but his client would be willing to place funds into the Court Registry to cover the utility payments during the course of the legal action if the tenants also would do so. Commissioner Bird asked Attorney Brown to elaborate on escrowing of funds. Attorney Brown explained that his client has agreed to put into the Court Registry the amount of the actual utility bills, if the tenants would be willing to do the same. This would provide security to whoever wins the lawsuit and would assure that the bills get paid. 17 N O V 24 M2 BOOK PAGE