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Home My WebLink About2012-042ORDINANCE NO. 2012 - o42 ANORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 201.08(H)(1) AND (2) OF THE CODE OF INDIAN RIVER COUNTY TO ALLOW FOR REFUNDS OF UTILITY DEPOSITS TO TENANTS UNDER CERTAIN CONDITIONS; AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, sections 201.08(H)(1) and (2) of the Code of Indian River County provide for the refund of water and sewer utility deposits to customers who are owners of the property being served, under certain conditions relating to the payment history of the owner; and WHEREAS, sections 201.08(H)(1) and (2) do not currently provide for the refund of such deposits to customers who are tenants of the property being served, based upon the payment history of the tenant; and WHEREAS, the Board of County Commissioners has determined that it is fair and equitable, and prudent from a financial standpoint, to amend sections 201.08(H)(1) and (2) to provide for the refund of such deposits to customers who are tenants of the property being served, under the conditions set forth herein, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board Section 2 Amendment of Sections 201.08(H)(1) and (2) of the Code. Sections 201.08(H)(1) and (2) of the Code of Indian River County, Florida, are hereby amended to read as follows (new language indicated by underline, and deleted language indicated by str-ikethr-eugh): 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 balance .,ail b ility eh 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 are owners of the property for which the account is opened and who have not been assessed late payment fees or been shut off F.LAuorneyV.M&GeneroNtesol.6—&Ordiw-10r&mmeslUiilitiesWefundofDepostrs m Tenanis.d— i ORDINANCE NO. 2012 - 042 for nonpayment for a period of twenty-four (24) consecutive months shall be eligible to receive a refund of their deposit; exeept that deposits of eustemers who are tenants er- who other -wise re or- lease the straetufe served by water- or sewer utilities will be retained until serviee AMS diseon4ifmed to thm eustome.f. Customers who are tenants of the property for which the account is opened and who have not been assessed late payment fees or been shut off for nonpayment for a period of sixty (60) consecutive months shall be eligible to receive a refund of their deposit; provided however, that if the customer is a tenant in a mobile home community which was previously connected to either water or sewer service and then connected to the other service (thereby requiring a deposit for the new service) the customer shall be eligible for the new service deposit refund after twenty_ four (24) consecutive months of satisfactory payment, provided the customer has previously or simultaneously met the sixty (60) consecutive month requirement for refund of the earlier service deposit Customers eligible for refunds under this section will be required to request the refund before it is made. All deposit refunds will be Nplied to the active account or credited to the final bill-, separate refund checks will not be processed. Section 3. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 4. Effective Date. This ordinance shall become effective upon enactment by the Board of County Commissioners and filing with the Department of State. F: Lluorney�Lin"GemratVResoiaiiom & Ordinawesl0,dsmncesl UlililiesVRejund oJDeposus io Termnis. docs OWN "00,01 FM 1 • • • • • _M P.qWmM�' .ZINWAUMM- . . . . • • W.M�yAlkwAlffm •WATEM ft NOR W M-PPMEVOMP M", MMN • •• WON M. Section 3. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 4. Effective Date. This ordinance shall become effective upon enactment by the Board of County Commissioners and filing with the Department of State. F: Lluorney�Lin"GemratVResoiaiiom & Ordinawesl0,dsmncesl UlililiesVRejund oJDeposus io Termnis. docs ORDINANCE NO. 2012 - 042 This ordinance was advertised in the Vero Beach Press Journal, on the 8th day of nPCPmher , 2012, for a public hearing to be held on the 18thday of December , 2012, at which time it was moved for adoption by Commissioner Solari , seconded by Commissioner Davis , and adopted by the following vote: Chairman Joseph E. Flescher Aye Vice Chairman Wesley S. Davis Aye Commissioner Peter D. O'Bryan AVP Commissioner Bob Solari Aye Commissioner Tim Zorc Aye The Chairman thereupon declared the ordinance duly passed and adopted this 18thday Of December , 2012. pppl{4n1111 YYYYb// IrpMMISs��"" 4 p4 a J,• 4p T" (7 ;�U:• �►1 r ��t pU�"°"" ATTEST: Jeffrey R. Smith, Clrerlcetdi ourt and Comptroller By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: J seph . Flescher, Chairman Approved as to form and legal sufficiency: S Alan S. Podackwir., County Attorney EFFECTIVE DATE: This ordinance was filed with the Department of State on the 344 -day of 2012. F. iAnorneylLindalGemralVResoluliom & OrdinawealOrdimmeslUtilitiesWefandofDepoaite to Tenante.dxn