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Attachment 2 <br />Proposed Code Modifications to be presented at Public Hearing <br />Note: New language is indicated with underlined text. Any language being deleted <br />is indicated by StFikethF9 gl . <br />Section 201.22. - Responsibility for payment of water/sewer fees; impact fee loans, special <br />assessments, lien for unpaid bills. <br />Except when the exception for non -owner customers of subparagraph <br />B applies, responsibility for payment of any and all utility charges rests <br />withthepropertyowner. Chargesforwhich the owner is responsible shall <br />constitute an automatic lien in favor of the county against the property <br />serviced. The county may record the liens in the public records of Indian <br />River County, Florida; however, the liens need not be recorded to be an <br />enforceable lien againstthe property. It isthe intention of the countythat <br />these liens, whether recorded or not, shall have the same priority as liens <br />for taxes and other governmental assessments, and shall be superior to <br />mortgages and other claims against the property, whether or not the <br />mortgages or other claims predate the creation of this lien. The county <br />finds that having such a priority status for its utility liens is necessary <br />and serves a public purpose, and that it has the authority to enact this <br />provision pursuant to the authority of Dade County v. Certain Lands, 247 <br />So.2d 787, and Gleason v. Dade County, 174 So.2d 466, F.S. §§ 153.67 and <br />125.01(1). - <br />A. When an account is opened by a non -owner customer, the non -owner <br />customer shall be responsible for payment of all fees and charges; <br />except that the property owner shall be responsible for payment of the <br />base bill if not paid by the non -owner customer. The county shall collect a <br />deposit equal to no less than two (2) months' estimated utility bills forthat <br />non -owner customer. This deposit shall not be returned until the <br />