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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 Q) 0. 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 ' 'd ity Gem issieR a# eFE1--VF1eF ed-ate-the utility ehaf:ges. The lost r, , the atiee-shall-b 'ef except ad Yale , have h , Ordinance 6218-98 sl 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 :1 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 { `1 i Rig a qty -