Laserfiche WebLink
of the residential properties are now vacant. In many situations, the debt affiliated with the property <br />exceeds the value of the property. From time to time, these properties go up for tax deed sale. There <br />are situations where people have purchased these properties without doing their due diligence and <br />ultimately end up with a property with excessive liens that they cannot afford to pay off. it makes little <br />sense to leave these properties rendered "useless". The table below summarizes some of the key data <br />regarding the 131 water and sewer accounts. <br />Account Category <br />Number of <br />Accounts <br />Water <br />ERUs <br />Sewer <br />ERUs <br />Existing <br />Structures <br />Residential <br />127 <br />170 <br />133 <br />80 <br />Commercial <br />4 <br />175 <br />135 <br />4 <br />Totals <br />131 <br />345 <br />268 <br />84 <br />In similar fashion to the debt reduction offers that were made for reserve accounts, staff proposes two <br />payment options for BCC consideration. Under the first option, the County would waive all of the <br />accrued penalties and interest in exchange for the owner paying all of the remaining utility charges <br />within a defined ninety -day window. The second option would be to extend the payments out for twelve <br />months. Under this option, the County would also collect. ten percent of the accrued penalties and <br />interest. Below is an example of the payoff options for the single-family property with the highest <br />receivable balance. <br />Total Amount <br />Owed <br />Service <br />Availability <br />Penalties <br />& Interest <br />Service Type <br />Payment- <br />Option 1 <br />Payment - <br />Option 2 <br />$67,505 <br />$8,562 <br />$58,943 <br />Water & Sewer <br />$8,562 <br />$14,456 <br />Many of the 131 account holders currently have no interest in activating their utility service at this time. <br />Thus, for any account holder who utilizes one of the payment options, staff suggests allowing the <br />property owner to choose to keep the ERU or to permanently disconnect from the system. Any property <br />owner who chooses to permanently disconnect will be required to sign a document that attests that <br />they understand impact fees and connection charges in place at the time of reconnection will have to be <br />paid before reconnecting to the system. If disconnecting from the system, all physical tie-ins to the <br />utility system will be terminated. <br />Keep in mind that the long-term goal is to settle or write-off the excessive accounts receivable balances <br />and create a means by which to enable the owners of these properties to become viable customers <br />again. If the debt affiliated with these properties remains intact and continues to grow exponentially, <br />this cannot occur. Therefore, if neither payment option is exercised, staff will work with the County <br />Attorney's office to pursue foreclosure. Foreclosure case law suggests that each reoccurring charge is a <br />new lien or starting date, therefore the lien period would start on the date the new charge is incurred <br />for that charge and lasts the five years for foreclosure and the 20 years for the statute of repose. See <br />Bartrum v. U.S. Bank, N.A., 211 So. 3d 1009 (Fla. 2016). Thus, the foreclosure step is necessary in order <br />to allow owners of these properties that have the potential to become viable customers eventually. <br />When the County forecloses on the property, it will be necessary to write off the entire receivable <br />balance so that the County can sell the property without the encumbrance of the utility lien. Depending <br />on the hypothetical sale of the property, the proceeds will be used to pay back IRCDUS some, or all, the <br />accrued service availability charges. <br />95 <br />