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HomeMy WebLinkAbout1995-17a/ 22/9s -t ORDINANCE NO. 95- 17 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 201.22 OF THE INDIAN RIVER COUNTY CODE RELATING TO WATER AND SEWER SERVICE, ESTABLISHING A PRIORITY FOR UTILITY LIENS, AND DETERMINING PARTY RESPONSIBLE FOR UTILITY PAYMENTS. COUNTY, FLORIDA, that: follows: SECTION 1. Section 201.22 of the Indian River County Code, which reads as "Section 201.22. Water/sewer fees chargeable to property owners; County may bill tenant. Water and sewer services are chargeable to the property owner, who shall be the customer. The County may bill the tenant or occupant of each premise for the water and sewer charges at the request of the owner, express or implied, but, this shall in no way relieve the owner of responsibility for payment. Nothing in this chapter shall be construed as a mandate for mobile home park owners to pass through impact fees to mobile home owners or tenants. Any payment remaining unpaid for a period of thirty (30) days may constitute a lien in favor of the County against the property serviced and the County may record said lien in the public records of Indian River County, Florida. County is authorized to discontinue service when payment is thirty (30) days overdue and shall not reinstate service until full payment is received." is amended to read as follows: "Section 201.22. Responsibility for payment of water/sewer fees; lien for unpaid bills. A. Except when the exception for non -owner customers of subparagraph B applies, responsibility for payment of any and all utility charges rests with the property owner. Charges for which the owner is responsible shall constitute ari automatic lien in favor of the County against the property serviced. The County may record the liens in the public records of Indian River County, Florida; however, the liens need not be recorded to be an enforceable lien against the property. It is the intention of the County that these.liens, whether recorded or not, shall have the same priority as liens for taxes and other governmental .assessments, and shall be superior to mortgages and other claims against the property, whether or not the mortgages or other claims predate the creation of this lien. The County finds that having such a priority status for its utility liens is necessary and serves a public purpose, and that it has the authority to enact this provision pursuant to the authority of Dade County v. Certain Lands, 247 So.2d 787, and Gleason v. Dade County, 174 So.2d 466, Section 153.67, F.S., and Section 125.01(1), F.S. B. When an account is opened by a non -owner customer, the non -owner customer shall be responsible for payment of all fees and charges, except that the property owner shall be responsible for payment of the base facility charge if not paid by the non -owner customer. The County shall collect a deposit equal to no less than two months' estimated utility bills for that customer. This deposit shall not be returned until the account is closed and all unpaid charges which are the responsibility of the non -owner customer are paid. The deposit may be used to offset any such charges. Unpaid utility bills for which the non -owner customer is responsible shall not be a lien against the owner's property. The property owner shall be responsible for payment of the base facility charge. (page one of two) a/ 22/9s -t ORDINANCE NO. 95- 17 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 201.22 OF THE INDIAN RIVER COUNTY CODE RELATING TO WATER AND SEWER SERVICE, ESTABLISHING A PRIORITY FOR UTILITY LIENS, AND DETERMINING PARTY RESPONSIBLE FOR UTILITY PAYMENTS. COUNTY, FLORIDA, that: follows: SECTION 1. Section 201.22 of the Indian River County Code, which reads as "Section 201.22. Water/sewer fees chargeable to property owners; County may bill tenant. Water and sewer services are chargeable to the property owner, who shall be the customer. The County may bill the tenant or occupant of each premise for the water and sewer charges at the request of the owner, express or implied, but, this shall in no way relieve the owner of responsibility for payment. Nothing in this chapter shall be construed as a mandate for mobile home park owners to pass through impact fees to mobile home owners or tenants. Any payment remaining unpaid for a period of thirty (30) days may constitute a lien in favor of the County against the property serviced and the County may record said lien in the public records of Indian River County, Florida. County is authorized to discontinue service when payment is thirty (30) days overdue and shall not reinstate service until full payment is received." is amended to read as follows: "Section 201.22. Responsibility for payment of water/sewer fees; lien for unpaid bills. A. Except when the exception for non -owner customers of subparagraph B applies, responsibility for payment of any and all utility charges rests with the property owner. Charges for which the owner is responsible shall constitute ari automatic lien in favor of the County against the property serviced. The County may record the liens in the public records of Indian River County, Florida; however, the liens need not be recorded to be an enforceable lien against the property. It is the intention of the County that these.liens, whether recorded or not, shall have the same priority as liens for taxes and other governmental .assessments, and shall be superior to mortgages and other claims against the property, whether or not the mortgages or other claims predate the creation of this lien. The County finds that having such a priority status for its utility liens is necessary and serves a public purpose, and that it has the authority to enact this provision pursuant to the authority of Dade County v. Certain Lands, 247 So.2d 787, and Gleason v. Dade County, 174 So.2d 466, Section 153.67, F.S., and Section 125.01(1), F.S. B. When an account is opened by a non -owner customer, the non -owner customer shall be responsible for payment of all fees and charges, except that the property owner shall be responsible for payment of the base facility charge if not paid by the non -owner customer. The County shall collect a deposit equal to no less than two months' estimated utility bills for that customer. This deposit shall not be returned until the account is closed and all unpaid charges which are the responsibility of the non -owner customer are paid. The deposit may be used to offset any such charges. Unpaid utility bills for which the non -owner customer is responsible shall not be a lien against the owner's property. The property owner shall be responsible for payment of the base facility charge. (page one of two) ORDINANCE NO. 95- 17 c. Except when the exception for non -owner customers of subparagraph B applies, in the event that the fees, rates or charges for the services and facilities of any water or sewer system shall not be paid as and when due, any unpaid balance thereof shall be lien on any parcel or property affected thereby. Such liens shall be superior and paramount to the interest on such parcel or property of any owner, lessee, tenant, mortgagee, or other person except the lien of county taxes and shall be on a parity with the lien of any such county taxes. In the event that any such service charge shall not be paid as and when due and shall be in default for thirty days or more the unpaid balance thereof and all interest accrued thereon, together with attorneys fees and costs, may be recorded by the county in a civil action, and any such lien and accrued interest may be foreclosed or otherwise enforced by the county by action or suit in equity as for the foreclosure of a mortgage on real property." SECTION 16. EFFECTIVE DATE A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the Office of the Secretary of State of the State of Florida within 10 days after enactment, and this ordinance shall take effect upon acknowledgement from the Secretary of State that this ordinance has been Approved and adopted by the Board of County Commissioners of Indian River County, Florida, this 1 day of August 19950 This ordinance was advertised in the Vero Beach Press Journal on the 7 day of J u 1 y 1995, for a public hearing to be held on the 1 day of A u g u s t 1995, at which time it was moved for adoption by Commissioner Adams and the motion was seconded by Commissioner E g g e r t and, upon being put to a vote, the vote was as follows Chairman Kenneth R. Macht Aye Vice Chairman Fran B. Adams Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the ordinance duly passed and adopted this _1 day -..of August 19950 All y BOARD OF COUNTY COMMISSIONERS klit fl4INDIAN RIV R COUNTY, FLORIDA Ir Attestz?el By Kenneth R. Macht Jeff Barton;, Chairman r I EFFECTIVE DATE: Acknowledgment for the Florida Department of State this 15th day of August 1995. filed with such office. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, this 1 day of August 19950 This ordinance was advertised in the Vero Beach Press Journal on the 7 day of J u 1 y 1995, for a public hearing to be held on the 1 day of A u g u s t 1995, at which time it was moved for adoption by Commissioner Adams and the motion was seconded by Commissioner E g g e r t and, upon being put to a vote, the vote was as follows Chairman Kenneth R. Macht Aye Vice Chairman Fran B. Adams Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the ordinance duly passed and adopted this _1 day -..of August 19950 All y BOARD OF COUNTY COMMISSIONERS klit fl4INDIAN RIV R COUNTY, FLORIDA Ir Attestz?el By Kenneth R. Macht Jeff Barton;, Chairman r I EFFECTIVE DATE: Acknowledgment for the Florida Department of State this 15th day of August 1995. ORDINANCE NO. 95- 17 c. Except when the exception for non -owner customers of subparagraph B applies, in the event that the fees, rates or charges for the services and facilities of any water or sewer system shall not be paid as and when due, any unpaid balance thereof shall be lien on any parcel or property affected thereby. Such liens shall be superior and paramount to the interest on such parcel or property of any owner, lessee, tenant, mortgagee, or other person except the lien of county taxes and shall be on a parity with the lien of any such county taxes. In the event that any such service charge shall not be paid as and when due and shall be in default for thirty days or more the unpaid balance thereof and all interest accrued thereon, together with attorneys fees and costs, may be recorded by the county in a civil action, and any such lien and accrued interest may be foreclosed or otherwise enforced by the county by action or suit in equity as for the foreclosure of a mortgage on real property." SECTION 16. EFFECTIVE DATE A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the Office of the Secretary of State of the State of Florida within 10 days after enactment, and this ordinance shall take effect upon acknowledgement from the Secretary of State that this ordinance has been Approved and adopted by the Board of County Commissioners of Indian River County, Florida, this 1 day of August 19950 This ordinance was advertised in the Vero Beach Press Journal on the 7 day of J u 1 y 1995, for a public hearing to be held on the 1 day of A u g u s t 1995, at which time it was moved for adoption by Commissioner Adams and the motion was seconded by Commissioner E g g e r t and, upon being put to a vote, the vote was as follows Chairman Kenneth R. Macht Aye Vice Chairman Fran B. Adams Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the ordinance duly passed and adopted this _1 day -..of August 19950 All y BOARD OF COUNTY COMMISSIONERS klit fl4INDIAN RIV R COUNTY, FLORIDA Ir Attestz?el By Kenneth R. Macht Jeff Barton;, Chairman r I EFFECTIVE DATE: Acknowledgment for the Florida Department of State this 15th day of August 1995. filed with such office. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, this 1 day of August 19950 This ordinance was advertised in the Vero Beach Press Journal on the 7 day of J u 1 y 1995, for a public hearing to be held on the 1 day of A u g u s t 1995, at which time it was moved for adoption by Commissioner Adams and the motion was seconded by Commissioner E g g e r t and, upon being put to a vote, the vote was as follows Chairman Kenneth R. Macht Aye Vice Chairman Fran B. Adams Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the ordinance duly passed and adopted this _1 day -..of August 19950 All y BOARD OF COUNTY COMMISSIONERS klit fl4INDIAN RIV R COUNTY, FLORIDA Ir Attestz?el By Kenneth R. Macht Jeff Barton;, Chairman r I EFFECTIVE DATE: Acknowledgment for the Florida Department of State this 15th day of August 1995.