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ORDINANCE 95-17 <br />is amended to read as follows: <br />"Section 201.22. Responsibility for payment of water/sewer <br />fees; lien for unpaid bills. <br />A. Except when the exception for non -owner customers of subparagraph B <br />applies, responsibility for payment of any and all utility charges rests <br />with the property owner. Charges for which the owner is responsible <br />shall constitute an automatic lien in favor of the County against the <br />property serviced. The County may record the liens in the public <br />records of Indian River County, Florida; however, the liens need not be <br />recorded to be an enforceable lien against the property. It is the <br />intention of the County that these liens, whether recorded or not, shall <br />have the same priority as liens for taxes and other governmental <br />assessments, and shall be.superior to mortgages and other claims against <br />the property, whether or not the mortgages or other claims predate the <br />creation of this lien. The County finds that having such a priority <br />status for its utility liens is necessary and serves a public purpose, <br />and that it has the authority to enact this provision pursuant to the <br />authority of Dade County v. Certain Lands, 247 So.2d 787, and Gleason v. <br />Dade County, 174 So.2d 466, Section 153.67, F.S., and Section 125.01(1), <br />F.S. <br />B. 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 facility charge if not paid by the non -owner customer. The County <br />shall collect a deposit equal to no less than two months' estimated <br />utility bills for that customer. This deposit shall not be returned <br />until the account is closed and all unpaid charges which are the <br />responsibility of the non -owner customer are paid. The deposit may be <br />used to offset any such charges. Unpaid utility bills for which the <br />non -owner customer is responsible shall not be a lien against the <br />owner's property. The property owner shall be responsible for payment <br />of the base facility charge. <br />C. Except when the exception for non -owner customers of subparagraph B <br />applies, in the event that the fees, rates or charges for the services <br />and facilities of any water or sewer system shall not be paid as and <br />when due, any unpaid balance thereof shall be lien on any parcel or <br />property affected thereby. Such liens shall be superior and paramount <br />to the interest on such parcel or property of any owner, lessee, <br />tenant, mortgagee, or other person except the lien of county taxes and <br />shall be on a parity with the lien of any such county taxes. In the <br />event that any such service charge shall not be paid as and when due <br />and shall be in default for thirty days or more the unpaid balance <br />thereof and all interest accrued thereon, together with attorneys fees <br />and costs, may be recorded by the county in a civil action, and any <br />such lien and accrued interest may be foreclosed or otherwise enforced <br />by the county by action or suit in equity as for the foreclosure of a <br />mortgage on real property." <br />SECTION 16. EFFECTIVE DATE <br />A certified copy of this ordinance, as enacted, shall be filed by <br />the Clerk with the Office of the Secretary of State of the State of Florida <br />within 10 days after: enactment, and this ordinance shall take effect upon <br />20 <br />AUGUST 1, 1995 <br />M M M <br />