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HomeMy WebLinkAbout2009-012A ny ORDINANCE NO. 2009-012 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 201 (COUNTY WATER AND SEWER SERVICES) OF THE CODE OF ORDINANCES OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR USE OF THE TERM "SERVICE AVAILABILITY CHARGE" IN PLACE OF THE TERM "BASE FACILITY CHARGE" IN ALL PARTS OF CHAPTER 201, PROVIDING FOR THE USE OF THE TERM "IMPACT FEE" IN PLACE OF THE TERM "CAPACITY CHARGE" IN ALL PARTS OF CHAPTER 201, PROVIDING A SAVINGS CLAUSE FOR USE OF THE NEW TERMS; AMENDING SECTION 201.01 TO ADD A DEFINITION OF "BASE BILL" AND "RATE RESOLUTION"; AMENDING SECTION 201.05 TO CLARIFY THE EXISTING TEXT; AMENDING CERTAIN SUBSECTIONS OF SECTION 201.08 TO CLARIFY EXISTING TEXT, TO AMEND THE SUBSECTION ON CUSTOMER DEPOSITS, TO DELETE THE PROVISIONS ON ANNUAL FIRE PROTECTION CHARGES, AND TO AMEND THE BILLING NOTICE PROVISIONS; AMENDING PORTIONS OF SECTION 201.22 CONCERNING APPLICATION OF DEPOSITS; PROVIDING FOR REPEAL OF OTHER CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF INDIAN RIVER COUNTY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Article VIII, Section 1 of the Florida Constitution and Florida Statutes section 125.01, the Board of County Commissioners of Indian River County ("Board") has all powers of local self-government to perform County functions. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida: PART I: AMENDMENTS TO CHAPTER 201, COUNTY WATER AND SEWER SERVICES OF THE CODE OF INDIAN RIVER COUNTY, SECTION 1. Substitution of "service availability charge" for "base facility charge". Wherever in Chapter 201 the words "base facility charge" or its various forms appear, other than as set forth in this amendatory Ordinance, the words "service availability charge" or its various forms shall be substituted in place thereof. SECTION 2. Substitution of "impact fee" for "capacity charge". Wherever in Chapter 201 the words "capacity charge" or its various forms appear, other than as set forth in this amendatory Ordinance, the words "impact fee" or its various forms shall be substituted in place thereof. SECTION 3. AMENDMENT TO SECTION 201.01 of the Code of Indian River County. After the effective date of this Ordinance, the following subsections of Section 201.01 of the Code shall be amended to read as follows: 1 E. Service Availability Charge. The service availability charge, formerly known as "base facilities charge" is the charge imposed by the county for each equivalent residential unit that represents a portion of the cost to the county of having the system available to serve that equivalent residential unit without regard to volume used. F. Impact fee. An impact fee, formerly known as a "capacity charge" is the fee charged to real property owners to fund the capital cost incurred by the County wate-r�d wastewater +-y-to provide capacity to serve new utility customers. SECTION 4. AMENDMENT TO SECTION 201.01 of the Code of Indian River County. After the effective date of this Ordinance, the following subsections of Section 201.01 of the Code are created to read as follows: I. Base Bill means a bill that consists of service availability charges (formerly known as base facility chargesl; billing charges, fees in lieu of franchise fees [also known as franchise surcharges], and, where applicable, municipal franchise fees and other municipal fees and taxes. The term "base bill" does not include volumemetric consumption charges for either water or sewer that appear on many of the bills sent by the Department. J. Savings Provision. Nothing in this chapter 201 of the Code shall abrogate the obligation of any customer or developer to pay base facility charges now known as service availability charges, and capacity charges, now known as impact fees incurred prior to the Effective Date of this Ordinance. K. Rate Resolution shall mean the "SCHEDULE OF WATER AND SEWER RATES FEES AND OTHER CHARGES" as adopted by Rate Resolution 99-58, bearing an Effective Date of October 1, 1999, as amended February 12, 2008 by Rate Resolution 2008- 013, as amended August 18, 2009 by Rate Resolution 2009- 129 and as may be further amended from time to time. SECTION 5. AMENDMENT TO SECTION 201.05 of the Code of Indian River County After the effective date of this Ordinance, Section 201.05 of the Code shall be amended to read as follows: Section 201.05. Exceptions to connections. Nothing in this Chapter 201 of the Code This -article shall nGt be construed to require or entitle any person to cross the private property of another to make any such sewer or water connection. SECTION 6. AMENDMENTS TO SECTION 201.08 of the Code of Indian River County. After the effective date of this Ordinance, the following subsections of Section 201.08 of the Code are amended to read as follows: Section 201.08. Rates and charges. B. Service Availability Chargesgan 44G 4ie �r where lines are available. The service availability charges This charge shall apply to every connected ERU and to each ERU reserved for future use in a development. The service availability charges This -charge will apply until the facility is permanently disconnected from the system. For developments that have entered into an agreement with the county for reserving capacity, the service availability charges fee shall commence upon certification by the department that county K transmission, collection, and distribution lines are ready for use. For--tem.perary d+. enr�eet+e at the t+ e -e# recenr�ectian -cis fc�es--ehafge-for each menth the-fa-cAity-h-as-been dieoer►nested. C. Service Availability Charges 9ase-f-ac4lj- ies-charge where capacity is reserved but lines are not available. The county may charge less than the standard service availability charge fee until lines are ready for use, as set forth in the Rate Resolution. H. Deposits required upon opening, transferring, reconnecting, refund policy. 1. The county shall require a deposit for each water and sewer account opened, transferred to another name, or reconnected to the system based on the number of ERUs. The deposit will be retained in a non-interest bearing account. Upon discontinuance of service and rendering of final bill, the deposit shall be refunded, less any amount remaining unpaid. In the event any customer's service is shut off for nonpayment, prior to reconnection the customer will pay the accrued service availability b... charge plus, if at the discretion of the department it is necessary to insure payment, a deposit equal to twice the customer's average monthly bill in lieu of following the schedule set forth hereafter. Customers who have not been assessed late payment fees or been shut off for nonpayment for a period of twenty-four months shall receive a refund of their deposit; except that deposits of customers who are tenants or who otherwise rent or lease the structure served by water or sewer utilities and - irclod+r+g -ata carmercia# aec©tats- will be retained until service is discontinued to that customer. 2. Deposits paid by owners for commercial accounts. For the purpose of the refunding of required deposits pursuant to Section 201.08H(1), the categories of Equivalent Residential Units assigned to schools [201.07.91; churches [201.07.101; clubs [201.07 111; service stations [201.07.121; restaurants [201.07.131; tavern [201.07.141; laundry/dry cleaners [201.07.151; supermarkets [201.07.161; commercial business [201.07.171; office building [201.07.181; hospitals [201.07.201; warehouse [201.07.211; industrial and manufacturing plant [201.07.22 and .231; and barbershop/hairdresser [201.07.241 shall be deemed to be commercial accounts; provided, however, that the deposit is paid by the owner of the real property. Any deposit paid by the tenant or other non -owner of the real property is not subject to refund until service is discontinued to that customer. The deposits paid by the owners of real property in connection with equivalent residential units that are deemed to be commercial accounts pursuant to this section 201.08H(2) are eligible to have the deposits refunded, provided that such accounts have not been assessed late payment fees or have been shut off for nonpayment for a period of twenty-four months. .L:-......-.__ ...... A+ eeaa-firEL-proteet-ion-Gharges:-These-cha-rges-are established-to-defray..-the.-cest-of providing exin the wat r sys a ara fafacilities for r•o st er • having nrinl� 7 e fire lanes etG., they arca amcrca--rc�r-c:ra-,�xvi�}..d �-�r��cie�-�ysst£�%i-�$-; prl-vc.rt�.-rnu—rrarrc�s, cc�� designed to recover. a pedion Gf Ahe ... ava.ilability..cost. and customer-cos#..in. addit4on, _this cost severs -the ..add4 anal -capacity -and -expense associated-with-lir-+e-si-ze--a-Rd-4ydrar4te-.i.n--t-he--f+re distriot 1` ._ e fl Fe !'diStFiGt \Rli'�e�in-the-Y ater t ysterIT-Qnd-hyclrants--are-laoat-ed�-shaat-be ca-ss�essed-the-c-harpe�....pe.r...dydr-a+�vt.annually, tf-the--hydrant4s-accessible__by.... a .... private ... entity only-,-then..#hat-entity &hall-be-ch-ar� (2) Fore systems. EaGh faGility with a fire proteGtiGR Sys charged an 3 L. M. Annual review of user charges and notice of rates. (1) Procedure. There shall be an annual review of user charges to ensure that adequate revenues are generated to cover operation, maintenance and replacement costs and that these costs are distributed among users in proportion to the service provided. (2) Notice. If the water or sewer rates are changed the County shall provide notice of such rate change T"ere shale a t+f+oationle-Fates-being-Ehaf-to each user by inclusion of a notice on or with the regular bill. M. N. Pretreatment fees. (1) Industrial users who are required to obtain an industrial discharge permit pursuant to Part III of this chapter shall pay an initial application fee of one hundred fifty dollars ($150.00) and an annual fee of one hundred dollars ($100.00). (2) Industrial users who are required to submit monitoring reports pursuant to Part III of this chapter shall be assessed a late fee of fifty dollars ($50.00) for each incidence of failure to submit a monitoring report within sixty (60) days of the designated monitoring date. SECTION 7. AMENDMENT TO SECTION 201.22 of the Code of Indian River County. After the effective date of this Ordinance, subsection B of Section 201.08 of the Code is amended to read as follows: Section 201.22. Responsibility for payment of water/sewer fees; lien for unpaid bills. 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 bill fa-c+lity-charge if not paid by the non -owner customer. The County shall collect a deposit equal to no less than two (2) months' estimated utility bills for that non -owner 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 shall may be used to offset any such charges in the following order: (i) volumetric consumption charaes: (ii) charaes, fees, fines, and penalties assessed pursuant to this Chapter 201 and the rate resolution; (iii) fees in lieu of franchise fees [also known as franchise surcharges]; (iv) where applicable, municipal franchise fees and other municipal fees and taxes; (v) billing charges; and (vi) service availability charges [formerly known as base facility 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 bill. -f -ac -i charge. PART II: GENERAL PROVISIONS SECTION 1: REPEAL OF CONFLICTING ORDINANCES. The provisions of any other Indian River County Ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION 2, SEVERABILITY. It is declared to be the intent of the Board, that if any section, subsection, sentence, clause, or provision of this Ordinance is held invalid, the FR remainder of the Ordinance shall be construed as not having contained such section, subsection, sentence, clause, or provision, and shall not be affected by such holding. SECTION 3. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the Board that the provisions of this Ordinance shall become and be made part of the Indian River County Code of Ordinances and that the sections of this Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION 4. FILING WITH DEPARTMENT OF STATE; EFFECTIVE DATE. A certified copy of this Ordinance shall be filed with the Department of State by the Clerk to the Board immediately after adoption of this Ordinance. This Ordinance shall take effect on September 1, 2009. This Ordinance was advertised in the Vero Beach Press Journal on August 7, 2009, for a public hearing to be held on August 18, 2009. During the August 18, 2009, public hearing, this Ordinance was moved for adoption by Commissioner Sol ari and seconded by Commissioner Fl escher and adopted by the following vote: Chairman Vice -Chairman Commissioner Commissioner Commissioner Wesley S. Davis Joseph E. Flescher Gary C. Wheeler Peter D. O'Bryan Bob Solari th AYE AYE AYE AYE AYE DULY PASSED AND ADOPTED THIS 18 DAY OF AUGUST, 2009. Attest: J. K. Barton, Clerk BY c Deputy Clerk INDIAN RIVER COUNt)`BOIARD."Or COUNTY COMN,AOISSIONERS B Wesley S. Gwis-'Chairma,i: pproved: Aeph M Baird, County Administrator proved as to form d legal sufficiency: , Marian E. Fell Senior Assistant County Attorney EFFECTIVE DATE: This Ordinance was filed with the Department of State on the 97H` day of August, 2009, and becomes effective on September 1, 2009. 5