Laserfiche WebLink
Attorney Vitunac advised that this is an effort to help <br />collect money owed the government through overdue utility bills. <br />The first section says that our liens would be the first liens even <br />if they are not recorded. The second paragraph makes the tenant <br />responsible for the bills, not the landlord, which is the way it is <br />for all the municipalities throughout the state. The third section <br />is an effort to reinforce the fact that our liens are first liens. <br />Attorney Vitunac explained that we are trying to educate the <br />community that utility liens and assessments have to be handled at <br />every sale of property, just like taxes. <br />Chairman Macht suggested that we get something out to the <br />title companies and the bar association. <br />Chairman Macht opened the Public Hearing and asked if anyone <br />wished to be heard on this matter. There being none, he closed the <br />Public Hearing. <br />ON MOTION by Commissioner Adams, SECONDED by <br />Commissioner Eggert, the Board unanimously adopted <br />Ordinance 95-17, establishing a priority for utility <br />liens, and determining part responsible for utility <br />payments. <br />ORDINANCE NO. 95- 17 <br />AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING <br />CHAPTER 201.22 OF THE INDIAN RIVER COUNTY CODE RELATING <br />TO WATER AND SEWER SERVICE, ESTABLISHING A PRIORITY FOR <br />UTILITY LIENS, AND DETERMINING PARTY RESPONSIBLE FOR <br />UTILITY PAYMENTS. <br />BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER <br />COUNTY, FLORIDA, that: <br />follows: <br />SECTION 1. <br />Section 201.22 of the Indian River County Code, which reads as <br />"Section 201.22. Water/sewer fees chargeable to property <br />owners; County may bill tenant. <br />Water and sewer services are chargeable to the property owner, who shall be <br />the customer. The County may bill the tenant or occupant of each premise for <br />the water and sewer charges at the request of the owner, express or implied, <br />but this shall in no way relieve the owner of responsibility for payment. <br />Nothing in this chapter shall be construed as a mandate for mobile home park <br />owners to pass through impact fees to mobile home owners or tenants. Any <br />payment remaining unpaid for a period of thirty (30) days may constitute a <br />lien in favor of the County against the property serviced and the County may <br />record said lien in the public records of Indian River County, Florida. <br />County is authorized to discontinue service when payment is thirty (30) days <br />overdue and shall not reinstate service until full payment is received:"° <br />19 <br />AUGUST 1, 1995 no 'P'�' <br />