6218-97ORDINANCE NO. 6218-98
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO UTILITIES; AMENDING
SECTIONS, 32.062, 32.064, 32.066, 32.070, 32.071,
32.072, AND APPENDIX A, ARTICLE XXIV UTILITIES-
GENERAL AND DEPOSITS, AND APPENDIX A, ARTICLE
XXV PUBLIC WORKS-FEES, RATES AND CHARGES,
CODE OF ORDINANCES; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Section 32.062, Code of Ordinances, is amended to read:
Sec. 32.062. Application for service.
(1) Establishing applicant status.
(a) An applicant requesting utility service as an owner in possession shalt may
provide proof of ownership, in the form of a copy of the deed, title insurance
policy or closing statement, with the application for service.
(b) An applicant requesting utility service as a tenant spat may provide proof of
tenancy in the form of a receipt, lease or rental agreement, and the name,
address and telephone number of the owner of th8 8WR is agent whe-ids
.
(2) Reinstatement of utility services.
(a) Utility services may be reinstated by the customer's application for such service
to the utility customer service saps division and the payment of any
appropriate fees, deposits or other applicable charges.
(b) The application ma s#4 be signed by the owner or the tenant of the premises.
32..064.
(3) New service. Any owner who desires to have his premises served by the utility
system of the city shall apply to the utility customer suppert service division and
shall pay the fees and connection charges as set out in this section. For new
connections, all required fees &MR may be paid at the time a building permit or
plumbing permit is issued by the building division. The application swa4 may set forth
the address and legal description of the premises, address of the owner, billing
address if different from the address serviced, number and size of meters required,
size of service line, whether the building is old or new, building permit number if the
Ordinance No. 6218-98
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building is new, and the name, address and telephone number of the customer. The
application form GM# may be signed by the owner of the premises or the tenant.
de;-aA4e iefls-ef seetie
32:9€4.
(4) Conditions precedent to final acceptance of application.
(a) An No application for utility service may- shy be finally accepted from any
applicant who is delinquent on any utility charges until such time as the charges
are paid. In cases where the premises is rental property, the tenant is the
customer, and the tenant has left owing unpaid utility charges, the account will
be finalized and the deposit, including any interest earned thereon, will be
applied to the unpaid charges. Owners and tenants who have Incurred
delinquent utility charges shall be listed in an uncollected final bill listing to be
maintained by the utility customer service se division. An application for
utility services ma eha# not be accepted from any person listed in the
uncollected final bill listing until the unpaid charges are paid or an agreement Is
reached with the utility customer service division.
(b) An No application may riot sP.-A be finally accepted from any applicant who is
new or who has not received any utility service from the city for the previous 12
months, or from any present customer who has been delinquent in payment of a
.?: bill more than two times within the previous 12 months, unless the applicant
pays, with the application, the applicable utility service deposit as provided in
appendix A to this Code.
(c) An Na application may not shad be finally accepted for utility service to any
premises for which utility charges remain unpaid, except delinquent charges
incurred by a tenant in any case in which F.S. § 180.135 applies.
(d) The utility customer service sUPpert division may receive an application for utility
service and may provide commencement of the service applied for, subject to a
check of utility service records to determine whether the application will be finally
accepted. If it is determined that the application cannot be accepted, written
notice of this fact shall be given to the applicant, allowing not less than ten days
but not more than 15 days following receipt of the notice to correct the defect. If
the defect is not corrected within the time provided, service shall be discontinued
without further notice.
Section 2. Section 32.064, Code of Ordinances, is amended to read:
Sec. 32.064. Responsibility for payment.
(1) Owner. The furnishing of water, gas, wastewater, solid waste, stormwater
management or reclaimed water services brings a substantial and valuable benefit
to the land and premises. The owner of any premises serviced with such services
shall be responsible for all utility charges doe against the premises, except to the
2 ordnance No. 6218-88
extent that such charges may be incurred by a tenant of the premises who is the
customer according to the utility system account records. The payment of such
charges may shag be a necessary condition to the continuance or inception of utility
.services to the premises, and failure to pay such charges when billed rn shall'
constitute grounds to terminate services to those premises. Unpaid charges for
water, wastewater, reclaimed water or gas service, or any combination thereof, shall
constitute a lien on all premises served until paid, to the extent authorized by F.S.
§159.17, except as limited by F.S. §180.135.
(2) Tenant, A tenant of any premises serviced with water, gas, wastewater, solid
waste, stormwater management, or reclaimed water services who is the customer
according to the utility system account records shall be responsible for all utility
charges incurred at the premises. The indebtedness for unpaid utility charges
incurred by a tenant at one premises shall be personal to the tenant, and shall
transfer and become cumulative to that person at the next or any succeeding
premises occupied by that person and served by the utility system of the city. The
amount due or length of time in arrears shall not be affected by relocation of a
tenant from one premises to another.
(3) Related indebtedness. Subject to the right of appeal to the city manager
pursuant to section 32.070, the city may refuse to approve an application for
service, or may discontinue service, in any case in which the applicant is:
(a) A relative or roommate Wouse, PaFeRt 9F shill of a customer or former customer
whose account is delinquent, and who resided with the customer or former
customer at the time the delinquent charges accrued in whole or in part, unless
and until the delinquent charges are paid.
(b) A person who was a close business associate of a delinquent customer or
former customer at the time the delinquent charges accrued, or who is a related
closely-held corporation, unless and until the delinquent charges are paid. For
the purposes of this subsection, the term "close business associate" means a
partner or joint venture, or a parent or subsidiary corporation. The term "related
closely-held corporation" means a corporation whose controlling shares of stock
are owned by the same person or persons who owned the controlling shares of
stock of the delinquent corporation at the time the delinquent charges accrued.
However, this subsection shall not apply in any case in which an indebtedness has
been discharged through bankruptcy proceedings.
Section 3. Section 32.066, Code of Ordinances, is amended to read:
Sec. 32.066. Accounts due; method of billing; delinquency.
(1) All meters shall be read and bills for all charges shall be rendered monthly. Where
any meter is defective or any person has prevented the meter from being read, the
customer shall pay for that month an amount equal to the average amount charged
for the two preceding months. Charges for each service shall be arranged as
separate items on all bills. The bill shall be mailed or delivered to the customer
3 4rdInance No. 6218-98
,ti
according to a regular monthly billing cycle, and shall be due when rendered. It shall
be the duty of the customer to inquire of the utility customer service suppeFt division
in the event of nonreceipt of a bill, and the failure to receive a bill shall not constitute
a defense for nonpayment. Any bill which remains unpaid on and after 21 days from
the date the bill was rendered shall be considered delinquent and service to the
customer may be terminated. However, in cases where the premises is rental
property and occupied by a person other than the owner, utility service shall be
subject to termination 30 days or more after the date the bill was rendered unless
the account is paid in full or the customer and the utility customer service suppeft
manager agree to terms for payment of the delinquent charges and charges for
future service. In all cases, payment of the entire delinquent account eialt ma be
required in order to avoid termination of service, and the billing statement shall
include or be accompanied by a notice to that effect.
(2) Where it is proposed to terminate utility service to a customer, a notice of
delinquency shall first be mailed or hand-delivered to the customer advising that the
account is delinquent. Notice of delinquency may be given to the owner of rental
property, but a failure to give notice to the owner of rental property shall not bar
termination of service to the property. The notice of delinquency may be
incorporated in or givers with the bill for the account. The notice shall state the
amount past due, including any penalty, and shall advise the customer that the
service will be terminated not less than nine f4a days from the past due date sus#
of the preceding billing statement unless the customer within such
a time pays such amount, agrees with the utility customer service supped manager to
terms for payment of the delinquent charges and charges for future service, or
appeals the decision to terminate the service to the city manager. An appeal to the
city manager shall be commenced by the customer's filing a written request with the
utility customer service s+pe manager within five days of the date the notice was
rendered, No agreement for payment of delinquent charges shall operate to forgive
or discharge such delinquency until the charges are paid in full, and a breach of
such agreement shall give the city the right to terminate service immediately and
without further notice to the customer.
(3) Complaints relating to bills shall be made before the past due date shown on the bill.
Where the customer has not been billed for services rendered, the city shall have
the right to back-bill for any such services.
(4) Any bill in an amount greater than $3.00 which is not paid within 21 days of the date
the bill was rendered ma sh" be subject to a monthly penalty of two percent of the
unpaid balance or $3.00, whichever is larger. However, such penalty shall not
exceed $250.00 per month.
Section 4. Section 32.070, Code of Ordinances, is amended to read:
Sec. 32.070. Same-Customer appeals.
4 Ordinance No. 6218-98
The utility customer suppert service manager shall forward to the city manager within
ten days of receipt each written request for a hearing by a customer who has appealed
a notice of intended termination of service or a withholding of service. Prior to the
hearing, the utility customer suppert service manager shall notify the customer that a
hearing has been scheduled before the city manager to consider such appeal, and the
customer shall be informed of the date, time and place of such hearing. The customer
may appear at such hearing and present reasons why such service should not be
terminated or withheld. Immediately following the hearing, the city manager shall
determine whether the service should be continued, terminated or reinstated, and shall
within ten days thereafter render a written decision which shall include findings of fact in
support of the decision.
Section 5. Section 31.071, Code of Ordinances, is amended to read:
Sec. 32.071. Lien for charges, assessments-Authority of city.
The city shall have, as security for the collection of any utility rates, assessments or
charges due or to become due, for the use or consumption of utilities supplied any
premises, a lien upon the premises to which such utilities are supplied in accordance
with F.S. § 159.17. Such lien shall become effective immediately upon the distribution
of the utilities to the premises, except to the extent prohibited by F.S. § 180.135, as
amended from time to time, relating to unpaid utility charges by.former tenants.
Section 6. Section 32.072, Code of Ordinances, is amended to read:
Sec. 32.072. Same ReselutieFis 'flo lmen final. Recording lien; notice.
?
The city manager may file and record, in the office of the clerk of the circuit court
certificate of indebtedness against each such_propedy, showing thereon the amount of
the lien and a legal description of the roe and further provided that an attempt to
notify the property owners affected shall have been made by certified mail,. return
recei t re uested 10 days prior to the filing of the lien b the ci mana er. The notice
of the proposed fling of the lien, shall be mailed to the address. as shown on the
property appraiser's records of Pinellas County, Florida. _Upon filing of such a lien with
the office of the clerk of the county court the utility lien shall be and constitute a lien
superior indignity to all other liens and encumbrances of whatever kind and character
save and except ad valorem taxes levied and assessed_ by the city, county or state, an_d_
shall remain a lien against each such property until paid. EyeFy six rta-eless t
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ity Gem issieR a# eFE1--VF1eF ed-ate-the
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Ordinance 6218-98
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Section 7. Appendix A Article XXIV, Code of Ordinances, is amended to read:
XXIV. UTILITIES--GENERAL AND DEPOSITS:
Deposits and general utility information (§ 32.068):
(1) Generally. The public works department will furnish and install water or reclaimed
water service connections (where available) and tap the mains, as well as provide
wastewater collection and stormwater management services, and the solid waste
department will provide solid waste collection for residential, commercial, business and
other purposes. The city will charge, for such service connections, and installation or
solid waste collection according to a schedule of fees to be established by ordinance, in
the form of an amendment to this appendix. All charges to the premises shall be made
and shall be payable according to the schedule at the time application is made, whether
or not an amending ordinance has been codified in this appendix at the time of the
application.
(2) Deposits for service:
(a) Water:
1. Domestic water service. Each meter service shall be secured by a minimum deposit
of 20.00 $39-99 or two tree times the minimum monthly charge or two thMe times the
average monthly bill for domestic water service, whichever is greatest.
2. Lawn water service. Each lawn meter service shall be secured by a minimum deposit
of 20.00 $30.90 or two three times the minimum monthly charge or two twee times the
average monthly bill for lawn water service, whichever is greatest.
3. Temporary potable service. Temporary potable service shall be secured by a deposit
according to the following table:
Less than 1" meter ... 80.00
V meter. . . 160.00
1112" meter ... 500.00
2" meter ... 900.00
6 Ordinance No. 8298-98
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3" meter. . . 1,250.00
4" meter... .2,500.00
4. Temporary nonpotable service. Temporary nonpotable water or "hydrant meter"
service shall be secured by a minimum deposit of $500.00 plus an amount sufficient to
cover the cost of water consumed and any other charges incurred. Such service will be
provided by a temporary meter on a fire hydrant. Charges will be at the same rate as for
a two-inch lawn meter. The final bill shall be for a sum equal to the minimum charge,
the cost of water consumed, and a service charge of $25.00.
5. Domestic water service, one week maximum. Domestic water service for not more
than seven consecutive days, upon application by property owner or the owner's agent,
shall be secured by a deposit of $65.00,
6. Domestic water service, three-day maximum. Domestic water service for not more
than three consecutive days, upon. application by property owner or the owner's agent,
shall be secured by a deposit of $40.00,
(b) Gas. Each account/premise served by gas shall be secured by a minimum deposit
of $20.00 or two thfae times the average monthly bill for gas service, whichever is
greater. Initial single-family residential deposits with no prior consumption history shall
be set at $50.00. Initial non-residential or multi-family residential deposits shall be set at
two # wee times the average monthly bill as projected by the Gas Sales Representative
based on the customer's equipment and the planned use of this equipment. The initial
deposit may be set at less than the normal two three month level upon determination of
being in business for two years or more or otherwise providing satisfactory credit
worthiness and by executing a special deposit/payment agreement approved by the city
manager which provides for a more rapid payment schedule than normal.
(c) Solid waste. Each customer shall be secured by a minimum deposit of two three
times the minimum monthly charge for solid waste collection service.
(d) Wastewater collection. Each customer shall be secured by a minimum deposit of
two # wee times the minimum monthly charge or two # wee times the average monthly
bill for wastewater collection service, whichever is greater.
(e) Deposits of cash equivalents to guarantee payment of bills. Commercial deposits in
excess of $1,000.00 may be made by a surety bond written by an insurance company
authorized to do business in the state, or through furnishing a letter of credit from a
bank, by making an assignment to the city of a savings and loan investment certificate
or passbook, or a commercial bank savings or time deposit certificate, the form for
which shall be approved by the city attorney.
7 Ordinance No. 8218-98
(f) Housing authorities. A housing authority created pursuant to F.S. ch. 421 may fulfill
deposit requirements for the agency or tenants of the agency by letter of agreement to
be financially responsible for the required deposit or portion thereof.
(g) Determination of average monthly bill. For the purpose of determining the amount of
any deposit based upon the average monthly bill, the average monthly bill shall be
determined according to actual consumption at the premises, regardless of changes in
ownership or occupancy of the premises, during the preceding 12 months of actual
consumption. For new premises without a prior service history, the deposit for each
service shall initially the specific amount required above or #hFee two times the minimum
monthly charge, whichever is greater. At the end of the first six months of service, an
average monthly bill for all services shall be determined according to consumption at
the premises during the first six months of service and the deposit shall be recalculated.
If the recalculated deposit is less than 90 percent of the deposit paid by the customer,
the difference between the deposit paid and the recalculated deposit shall be credited
to the account; provided, however, that the total deposit retained by the city shall be not
less than the sum of the specific amounts required, above or #wee two times the
minimum monthly charges, whichever is greater, for each service. If the recalculated
deposit is greater than 110 percent of the deposit paid by the customer, the difference
between the deposit paid and the recalculated deposit shall be charged against the
account.
(h) Recalculation of deposits.
1. The amount of a required deposit may be reviewed and adjusted based upon actual
consumption at the end of the customer's initial six months of service or most recent 12
months of service, upon request of the customer.
2. The city may increase the deposit requirement on any account to two t#Fee times the
current monthly average bill at any time should that account be in arrears, or if the
customer has presented a subsequently dishonored check for payment or has had
more than two past due reminders in the past any-wines a 12-month period.
(i) Refund of deposits. The deposit for a residential or community service organization
or a registered condominium association account with aR ',Ad iial- nete? shall be
returned after one year of good account experience. For the
purpose of this paragraph and for subsection 0) below, "good account experience"
means not more than two past-due reminders in any twelve-month period, no
disconnection of service for nonpayment, no dishonored checks, no evidence of
meter tampering, and no evidence of fraudulent use of the utilities system.
(j) Deposit requirement exemption. , An applicant for
service to residential or community service organization or a registered condominium
association account with an individual Fn shall be exempt from the uti. ity deposit
requirement if the applicant presents written verification from a public utility that the
applicant has had good account experience during the most recent 12-month period, or
the last 12-month period of service by the public utility if occurring within the preceding
8 ordinance No. 6218-98
24-months. However, if the account should at any time be in arrears, or if the customer
should receive more than two past-due reminders in any 12-month period or present a
subsequently dishonored check, or in the event of meter tampering or fraudulent use of
the utilities system by the customer, the city may require a deposit in the amount
required for a new account.
(k) Interest on deposits. Interest on deposits held by the city shall accrue beginning as
of October 1, 1992. The interest rate shall be an index rate established as of October 1
each year, and the index rate shall remain in effect through the next September 30. The
index rate shall be the three-month average of two-year Treasury security yields for the
period from July 1 through September 30 immediately preceding the fiscal year in which
the index rate is applicable. Interest accruing from October 1, 1992, through September
30, 1993, shall be the three-month average of two-year Treasury security yields for the
period from July 1 through September 30, 1992. Thereafter, the index rate shall be
annually recalculated and effective from October 1 through the following September 30.
Annual payment will occur as a credit posted to the customer's account commencing
with the first bill rendered on or after October 1, 1993, and each October 1 thereafter. A
customer who posts a deposit after October 1, 1992, will receive interest calculated
from the deposit date and credited to the account on each October 1 for as long as the
city retains the deposit. A customer who terminates service, or whose service is
terminated, will receive a pro-rated interest credit to the termination date on the final bill.
,k A customer who qualifies for a deposit refund will receive a pro-rated interest credit to
the refund date. Notwithstanding the foregoing, an interest payment or deposit refund in
an amount less than $1.00 may be paid in cash but shall not be mailed.
Section 8. Appendix A, Article XXV, Code of Ordinances, is amended to read:
XXV. PUBLIC WORKS-FEES, RATES AND CHARGES (32.068)
(5) Other Miscellaneous charges:
(b) Solid waste roll-off container service:
(ii) Public service fees:
3. Deposits.
c. The initial deposit may be set at less than the normal three two month
level upon determination of being in business for two years or more or
otherwise providing satisfactory credit worthiness and by executing a
special deposit/payment agreement approved by the director of solid
waste which provides for a more rapid payment schedule than normal.
9 Ordinance 8218-98
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