The URL can be used to link to this page

Agenda 05/28/2013 Item #16C6 5/28/2013 16.C.6. EXECUTIVE SUMMARY Recommendation to advertise an ordinance amending Ordinance No. 2001-73, the Collier County Water-Sewer District Uniform Billing, Operating,and Regulatory Standards Ordinance,to provide clarifications,administrative changes,and codification of existing county ordinances. OBJECTIVE: Provide clarifications, administrative changes, and codification of existing county ordinances to the Collier County Water-Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance,which has not been updated in more than a decade. CONSIDERATIONS: On December 11, 2001, the Board of County Commissioners (Board) adopted Ordinance No. 2001-73, the Collier County Water-Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance. Among other things, the ordinance established revised rates, fees, charges, and regulations and provided provisions applicable to the City of Naples service area. The proposed amendments to the Ordinance are necessary to meet changing business conditions, and to provide clarity for water and sewer utility customers. The proposed changes include: • Reference to cross connection control devices that are installed in association with all potable water meters on a property, which remain the property of the Collier County Water-Sewer District(CCWSD), and must remain accessible at all times; • Enhanced language holding a property owner liable for damage to CCWSD equipment to ensure that health and safety risks are minimized; • Clarification that on transfer of ownership, the new property owner is responsible for requesting an Estoppel to identify any outstanding balances on the utility account associated with the property; • Clarification of exceptions to connection to the sewer collection facilities, and the application of sewer base charges; • A provision for the discontinuance of water and sewer services in instances where all improvements and structures on a property have been demolished and removed; • A provision whereby landlords who are property owners, and who provide water and/or sewer service to multiple rental units or lots within a single parcel, shall only be permitted to do so through a single master meter; • A provision whereby a landlord who subdivides a lot, or sells multiple units as individual properties, shall be responsible for notifying the CCWSD of the transactions, ensuring that separately metered water service and, as appropriate, separate sewer services are provided to each property; and, • Additional language in Appendix A, Schedule 2, (formerly 3) to clarify the different reclaimed water services. Further, Appendix A, Schedule 2 — the Goodland Water Rates is being removed following the inclusion of the Goodland service area into the CCWSD per Ordinance No. 2012- 43. The inclusion of Appendix A, Schedule 7 — Allowance for Funds Prudently Invested (AFPI) is also 1 Packet Page-676- 5/28/2013 16.C.6. proposed for removal because Ordinance No. 2006-27 provides that AFPI charges cease to apply after December 31, 2012. The Development Services Advisory Committee reviewed the proposed changes at its February 6, 2013, meeting. The committee asked PUD representatives a number of questions relating to master metered scenarios, which were answered by staff. The committee had no recommendations or changes that it wished to be incorporated into the proposed Amended Ordinance. FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: This amendment and activities anticipated to be tasked under it will have no impact on the county's Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, is approved as to form and legality, and requires majority vote for approval. -SRT. RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of the Collier County Water-Sewer District, direct the County Manager or his designee to advertise an ordinance amending Ordinance No. 2001-73, the Collier County Water-Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance, to provide clarifications, administrative changes, and codification of existing county ordinances. PREPARED BY: Peter Lund, Manager Customer Service and Utilities Education and Compliance ATTACHMENTS: Ordinance No. 2013- App A Schedule 1 Page 1 Water App A Schedule 1 Page 2 Wastewater App A Schedule 1 Page 3 Fire Meter App A Schedule 2 Goodland Jan 2013 All Strike through App A Schedule 3 IQ becomes Schedule 2 App A Schedule 4 Meter Installation Charges becomes Schedule 3 App A Schedule 5 Equipment Labor becomes Schedule 4 App A Schedule 6 Miscellaneous Charges becomes Schedule 5 App A Schedule 7 AFPI Jan All Strike through Customer Account Adjustment Procedures Mar 2013 2 Packet Page-677- 5/28/2013 16.C.6. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.C.16.C.6. Item Summary: Request to advertise an ordinance amending Ordinance No. 2001-73,the Collier County Water-Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance,to provide clarifications, administrative changes, and codification of existing county ordinances. Meeting Date: 5/28/2013 Prepared By Name: GramatgesAlberto Title:VALUE MISSING 5/13/2013 11:29:07 AM Submitted by Title: VALUE MISSING Name: GramatgesAlberto 5/13/2013 11:29:09 AM Approved By Name: Joseph Bellone Title: Manager-Utility Billing&Cust Serv.,Utilities F Date: 5/13/2013 11:46:59 AM Name: JacobsSusan Title: Operations Analyst,Public Utilities Date: 5/13/2013 11:49:20 AM Name: LundPeter Date: 5/13/2013 11:57:30 AM Name: YilmazGeorge Title: Administrator,Public Utilities Date: 5/14/2013 12:02:18 PM Packet Page-678- 5/28/2013 16.C.6. Name: RiesenTeresa Title: Manager-Revenue,Utilities Finance Operations Date: 5/14/2013 2:02:26 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 5/14/2013 4:25:10 PM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management&B Date: 5/15/2013 8:54:39 AM Name: KlatzkowJeff Title: County Attorney Date: 5/16/2013 3:25:26 PM Name: OchsLeo Title: County Manager Date: 5/20/2013 6:15:14 PM Packet Page-679- 5/28/2013 16.C.6.- COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE ORDINANCE NO.2013- I AN ORDINANCE AMENDING ORDINANCE NO. 2001-73, AS AMENDED, KNOWN AS THE COLLIER COUNTY WATER- SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE, BY AMENDING: SECTION ONE, DISTRICT RATES, FEES, CHARGES AND REGULATIONS; SECTION TWO, SUBMETERING; SECTION THREE, CITY OF NAPLES SERVICE AREA; SECTION FOUR, APPENDICES FOR RATES, FEES AND CHARGES; SECTION FIVE, PENALTIES; AND SECTION SIX, CONFIDENTIALITY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the original Collier County Water-Sewer District,also known as the County Water-Sewer District of Collier County(District), was approved on November 4, 1969,by voters of Collier County in accordance with the requirements of Chapter 153, Part II, Florida Statutes; and WHEREAS, the Board of County Commissioners of Collier County, Florida, (Board) is the Ex-officio governing Board of the District;and WHEREAS, in 2001, the Board enacted Collier County Ordinance No. 2001-73 to create a more simplified and efficient mechanism for water and sewer utility systems and for readers to more easily understand these regulations, which are applicable to the District's water, wastewater, and non-potable services; and WHEREAS, the Board subsequently amended Ordinance No. 2001-73 through its adoption of Ordinance No. 2006-27;and Words Underlined are added; Words ErtfilskTreugh are deleted. Page 1 of 29 Packet Page-680- W04.) 5/28/2013 16.C.6.' WHEREAS, the Board desires to further amend Ordinance No. 2001-73, as amended, in order to clarify existing processes,reflect administrative changes, and provide for codification of existing County ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that: SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 2001-73, AS AMENDED. Section One is hereby amended as follows: SECTION ONE. District Rates, Fees, Charges and Regulations 1.1 Definitions. Unless specifically provided otherwise these definitions shall apply to this Section. A. "District"shall refer to the Collier County Water-Sewer District;_ B. "Equivalent Dwelling Unit" shall mean the equivalent usage requirements of an average or typical individually metered single-family residential connection. It is used as a factor to convert a given average daily water or sewer wastewater requirement to the equivalent number of single-family residential connections. C. Irrigation Oualitv IIQ) Water shall mean alternative water resources other than Notable, available to the District and shall include: (a) reclaimed water - wastewater that has Words Underlined are added;Words Struck rough are deleted. Page 2 of 29 Packet Page-681- �..� 5/28/2013 16.C.6. received the treatment established as currently defined by Florida Administrative Code, Rule 62- 610.460, as wastewater that meets, at a minimum, secondary treatment and high-level disinfection prior to entering holding ponds or the IO Water System: (b) Supplemental Water Supplies such as ground or surface water: or(c)Any combination thereof. IQ Water may also be referred to as reuse water. effluent water or reclaimed water. D. "Service Base Charge" shall mean a monthly charge per dwelling unit or equivalent dwelling unit connection for residential and non-residential accounts with no usage included.The Service Base Charge includes components for administration billing, and meter size related system maintenance costs. F—E. "Sewer Use" shall be defined as the connection of drains for all faucets and facilities on the property, where potable water is used in connection with sanitary purposes from the potable water system. Such usages shall include, but not be limited to sinks, showers, bathtubs, commodes, urinals, bidets, dishwashers, washers, and other such facilities. "Sewer Use" shall specifically not include runoff water being allowed to enter the District Sanitary Sewer System. G F. "Sewer only use" shall be defined as the connection of drains for all faucets and facilities on the property where well water or potable water from a non-District water supply or where no water (leachate) is used, in conformance with other Ordinances adopted by Collier County. or applicable State and Federal laws,rules or regulations. 14 G. "Use" The term "Use"with respect to"Potable Water Use" ' - • - . • ..••. • - • - , shall mean the sole utilization of potable water from the District system through all fixtures and pipelines on the property except where a separately metered system is available solely for outside irrigation. Any such irrigation shall require an approved cross connection control bae device and a physical separation from the remaining potable water system. "Water Use" shall specifically include, but not be limited to, the flow of water to all sinks, dishwashers, commodes, urinals, showers, hot water heaters, washers, drinking water coolers and drinking water machines. Such facilities shall also drain to the District's sanitary sewer system, where available, in conformance with other applicable sections of this Ordinance as well as other Ordinances adopted by Collier County, or applicable State and Federal laws,rules or regulations. Words Underlined are added;Words Stslugh are deleted. Page 3 of 29 Packet Page-682- ----___. 5/28/2013 16.C.6. 1.2. Monthly Rates, Fees and Charges. Monthly rates, fees and charges for water, sewer, or Wit-irrigation IQ water, and fire meter services (referred to as "utility service") provided by or made available by the District shall be sufficient to recover system operation, maintenance, renewal, enhancement, and replacement debt service and any other costs or requirements of the District eests and shall be proportionally distributed among system users and customers receiving the benefits as follows: A. Monthly user fees for the Collier County Water-Sewer District Residential and non-residential properties within the respective water and sewer utility service boundaries of the - - .-. . - _ - District shall pay the rates, fees and charges for service provided by the : - . . -- . = -_ - District in accordance with Appendix A—Schedule 1. .. ._ . G B. Monthly rates, Usef l fees and charges for - ° .- - _ . • I0 water service in the District service area shall be in accordance with Appendix A—Schedule 3 2. D C. Accounts and Bill Delivery Addresses 1. Accounts shall be established in the name of the property owner as shown on the Property Appraiser's database or public records, such as may be recorded by the County Clerk of Courts. 2. Monthly bills for utility service will be sent to the property owner at the address requested in the service application. Words Underlined are added;Words Soule-Threitglh are deleted. Page 4 of 29 Packet Page-683- 5/28/2013 16.C.6. 3. Changes of address for billing purposes must be approved in writing and duly signed by the property owner. Approval can be by letter, District change of address form, fax or by e-mail scanned attachment. 4. Duplicate bills may be requested in writing and duly signed by the property owner by letter, fax or District change of address formfor by e-mail scanned attachment. 5. A duplicate bill processing fee (Appendix A — Schedule 6 5) will be phased charged to each account for each specific request of a duplicate bill ewe aeee for utility service billing purposes. Duplicate bills are limited to one per account. E D. Methods of Payment 1. Cash, check, direct debit and/or credit card (when available), and electronic transfer are available methods to pay monthly utility service bills rendered by the District to the property owner. 2. Cash, check and credit card payments may be made at the District billing office address, as printed on the utility bill. 3. Check payments can be made through the U_ S_ Mail to the lockbox facility using in the envelope provided with the monthly water bill to the P 0 Box. 4. Credit card payments (when available) can be made via the internet and telephone isally. Automatic Credit Card Payments may be set up via the internet. 5. Di« bit Automatic Bank Payments,payments are available. Requires _ . . !' :_ e-. • .. . ., - . Automatic Bank Payments may be . I approved by the District only after the satisfactory completion of an Automatic Bank Payment form. 6. Non-Sufficient Funds (NSF) checks returned by the District bank or banks as uncollectible will not be reprocessed for payment by the District. The amount of the NSF check plus i) the an appropriate NSF charge (Appendix A— Schedule g 5) and ii) where applicable,. any other rates, fees and charges,,will be placed eat billed to the account_for rebilling. Words Underlined are added;Words del eta are deleted. h,c Packet Page-684- 5/28/2013 16.C.6. 1.3 District Rates, Fees and Charges other than Monthly User Fees. A. Meter installation charges for meters and for baelew cross connection control devices two u inches (2") or smaller in size are to be paid to the District in accordance with Appendix A—Schedule-4 3. 1. All meters and cross connection control devices two inches or smaller will be installed by the District and shall remain the property of the District. 2. For meters and cross connection control devices larger than two (2) inches,the materials and labor for installation of such meters shall be furnished by the developer property owner or duly authorized individuals in accordance with District requirements and specifications and dedicated to the District in accordance with County ordinances,at no cost to the District. 3. Meters and cross connection control devices must be left accessible to District employees at all times in conformance with all Ordinances adopted by Collier County, and applicable State and Federal laws, rules or regulations. • _ • „ District employees. 4.a. When any property owner;whe-has-a with an existing water meter;makes application to the District for the installation of a larger meter to replace a smaller meter, and such installation is approved, by the District.. the following charges shall apply (in accordance with Appendix A, Schedule 3): a meter installation fee, a cross connection control device charge, and if required, a tapping fee for the larger meter is required and connection of the property to the District water facilities. nNo credit shall be given for any tapping charges previously paid en- the property owner with respect to the smaller meter and service. A meter upsize application form must be completed, signed, and submitted by the property owner prior to the installation of any larger meter or applicable service line. The District installs meters (2) inches or smaller. The difference in impact fees between the Words Underlined are added;Words Stfooli-Thietigh are deleted. Page 6 of 29 Packet Page-685- 5/28/2013 16.C.6. smaller meter and the larger meter must be paid before a work order will be issued for the installation of the larger meter and if applicable, the time and materials cost to install a larger service line. "• = -- - • -� - - - •• 4. b. When any property owner, with an existing water meter, makes application to the District for the installation of a smaller meter to replace a larger meter, a meter downsize application form must be completed, signed, and submitted by the property owner. Smaller meters will only be considered where the property meets the criteria for the smaller meter size. The District installs meters two (2) inches and smaller. There shall be no refunds or credits of tapping fees or impact fees given to any property owner requesting a smaller meter. 4. c. For installations other than those identified above, installation charges will be based on time, materials and an administrative fee. (Appendix A—Schedule 4). 4. d. When a property owner wishes to change a meter three (3) inches or larger. the property owner shall obtain written approval from the District of such increase in meter sizing before engaging with a licensed contractor to undertake the work in full compliance with provisions of Section 1.4,paragraph N of this Ordinance. B. Temporary Meters. 1. a. Temporary meters two(2)inches or smaller may be installed and removed by the District. The fee for such installation and removal shall be based upon the District's actual costs for time, equipment and material, as appropriate, in accordance with Appendix A—Schedule 4. 1. b. Temporary meters larger than two (2) inches may be installed and removed by contractors, in full compliance with provisions of Section 1.4, paragraph N, of this Ordinance. 1. c. Mobile temporary meters may also be used Meter readings for all mobile temporary meters must be supplied to the District on a monthly basis, as agreed at the time of application,or be subject to removal and additional charges. Words Underlined are added; Words Sough are deleted. Page 7 of 29 Packet Page-686- "��' 5/28/2013 16.C.6. 2. The temporary and mobile temporary meter monthly charge for service shall be based upon the nen-residential commercial monthly availability base and volume charges in accordance with Appendix A—Schedule 1. -4-3. A refundable temporary meter deposit (Appendix A— Schedule b 5) must shall be paid by the applicant concurrently with the Temporary Meter Application. except for temporary meters in association with District capital projects (projects supervised by District staff). The deposit may be used to offset any costs for repair and/or replacement to District assets owned temporary meters. If damages and repair costs are greater than the deposit, the applicant will be invoiced for the remainder of the difference. The deposit may also be used to offset outstanding account balances to the extent service provided through the temporary meter is requested to be terminated by the applicant or at the request of the District. 4. The District will be responsible for the installation of any temporary meter two (2) inches or smaller, other than a mobile temporary meter. A work order for the installation of a temporary meter two (2) inches or smaller, will be issued by the District only upon receipt of an executed Temporary Meter Application. C. District Other rates, fees, and charges ether .- • . - • • • .. .. _ • charges established by this section the District include but are not limited to the services listed below. The actual charge rate for the service is in accordance with Appendix A—Schedule 6 5. 1. New Accounts—Property Change of Ownership 2. Turn off/turn on at Owner's Request 3 2. Meter Re-read or Data Log -4-3. Meter Test 4. Meter Lock 6 5. Meter Unlock After Hours Words Underlined are added;Words StRtek--Thfough are deleted. Page 8 of 29 Packet Page-687- - ---- - 5/28/2013 16.C.6. 3 6. Meter Removal 8 2. Illegal Connection r18. Credit Card Convenience Fee Handling—Charge 1.8 9. Temporary Meter Deposit 4-1.10. Duplicate Bill Processing Fee 4-2 11. Non-Sufficient Funds(NSF)Processing Charge 4-3 12. Late Payment age Penalty 13. Vehicle Parked Over Meter Charge 14. Removal of Landscape (to access meter box and cross connection control device) D. Late payments for monthly user fees are subject to a late payment elefge penalty (Appendix A—Schedule 6 5)on the unpaid balance after the due date on the bill. E. The rates, fees and charges as established in this Section shall be reviewed on an annual basis to ensure adequate revenues for District system operation, maintenance, renewal, replacement,enhancement and debt service costs. F. Reasonable Customer Payment Agreements may be used allowed at the sole discretion of the District for payment of any services provided to the account. All Customer Payment Agreements, must provide for the full and timely payment of f nstm3ption all outstanding amounts due and any additional amounts that may be due to the District as a result of providing continued service to the account. Any default of a Customer Payment Agreement payment by a property owner or a tenant (as approved by the property owner) may result in termination of service and the requirement for all outstanding balances to be paid in full before service is re-connected. G. Adjustments 1. Any debit or credit adjustments for any District service can only be made as the result of a documented and approved procedure. For example: The - -- Words Underlined are added;Words SNP--Tlhrough are deleted. Page 9 of 29 Packet Page-688- . 5/28/2013 16.C.6. 3 2. Debit and/or credit adjustments for District errors and omissions should be applied to the account or refunded, if appropriate, and are subject to appropriate review and authorization in accordance with the approved table of authorities. H, Refund of Credit Balances/Final Bills 1. Refunds of credit balances for a continuing account shall be processed and forwarded to the County's Finance Department for disbursement on a weekly basis. 2. Refunds of credit balances as a result of final bills shall be processed and forwarded to the County's Finance Department for disbursement on a monthly basis. 3. Refunds of credit balances will be made payable to the individual or entity, who made the monthly payment(s) during the period for which the credit balance relates. 3 4. In no event, shall refunds be processed for credit balances which are less than$5:88 the cost of processing as set forth in Appendix A—Schedule 5. -4 5. In no event, shall final bills less than S-5-9A the cost of processing as set forth in Appendix A—Schedule 5 be processed and mailed. 1.4 District Regulation. A. Application For Service. 1. To obtain service, an application/contract form completed and signed by the property owner,must be made presented at the office(s)of the District, or sent by letter, email attachment or fax. Applications are accepted by the District with • the understanding that there is no obligation on the part of the District to render service other than that which is then available from its existing facilities. The District reserves the right to refuse service from its transmission mains or to accept service to its collection system. Words Underlined are added;Words Sous -T=hrough are deleted. Page 10 of 29 N� Packet Page-689- 5/28/2013 16.C.6. 2. Utility Service is furnished only upon signed application/contract of the property owner, accepted by the District,and the conditions of such application or agreement are binding upon the property owner as well as the District. A copy of each application or agreement for utility service accepted by the District will be furnished to the property owner. 3. The applicant property owner shall furnish to the District the-correct their full name and, street address and a legal description of the property a where service is to be rendered Eg-the-time-of-411e with respect to such application for-sc vice. The applicant may furnish contact details such as telephone number and email address and the full street address of the billing address if different from the service address, together with contact details. All system development charges, impact fees, connection and installation fees, new account and any other fees, rates and charges established by the District shall be paid in full at the time of application for service. The applicant shall also furnish the name of any tenant who may occupy the property and any subsequent changes of tenant. 4. Application for service as requested by firms, partnerships, associations, corporations and others (as being the applicant requesting service from the District), shall be tendered only by duly authorized individuals (written evidence of Designated Agent's/Officer's authorization must be provided by the property owner). When service is rendered under agreement or agreements entered into between the District and an agent of the property owner, the use of such service by the property owner shall constitute full and complete ratification by the property owner of the agreement or agreements entered into between agent and the District under which such service is rendered. A tenant of property shall not be construed to be an agent. 5. Where the District's water or sewer main is available to provide service to the property, no Collier County Building Permit may be issued until such time as proper application shall have been made for service and • all fees necessary for the rendering of such service shall have been paid to the District, Words Underlined are added;Words sttuelt—Thfetigh are deleted. Page 1 l of 29 Packet Page-690- --- 5/28/2013 16.C.6. 6. The District may withhold or discontinue service rendered under application made by a property owner, or the property owner's agent, unless all prior indebtedness to the District of such property for utility service has been settled in full. Service may be withheld or discontinued for non-payment of bills and/or non-compliance with rules and regulations in connection with the same or any different class of service furnished to the same property owner at the same premises,or for non-payment of any account for service to the property. 7. When ownership of a property is transferred to a new owner, it is the responsibility of the new owner to request an Estoppel from the District at the time of title transfer to identify any outstanding utilities balances against the property, as outstanding balances notpaid will be transferred to the new property owner's account. 8. When a tenant who receives a duplicate bill vacates a property the District must be advised by the property owner to ensure that any automatic payment arrangements are stopped. B. Limitation of Use, Continuity of Service 1. Unless authorized by the District, water ands, sewer, and/or I0 water service purchased from the District shall be used by the consumer only for the purposes specified in the application for service, and the property owner shall not sell or otherwise dispose of such service supplied by the District. Unless authorized by the District, service furnished to the property owner shall be rendered directly to the property as delineated in the agreement for service between the property owner and the District (service is considered as being rendered to the property owner by the Districts through the District's connection, and under no circumstances shall the property owner or property owner's agent or any other individual, association, or corporation install equipment for the purpose of disposing of said service. In no case shall a property owner, except with the written consent from the District, extend their installation across a street, alley, lane, court,property line, avenue,or any other way, in order to furnish service for adjacent property, even though such adjacent property is owned by them. In the Words Underlined are added;Words&ask-hreugh are deleted. Page 12 of 29 Packet Page-691- 5/28/2013 16.C.6. event there is an unauthorized extension, sale or disposition of service, the property owner's service will be subject to discontinuance until such unauthorized extension, sale or disposition is discontinued and full payment is made of bills for service, calculated on proper classification and rate schedules and reimbursements in full are made to the District for all extra expenses incurred for clerical work, testing and inspections. 2. The District will at all times use reasonable diligence to provide continuous service, and having used reasonable diligence shall not be liable to the property owner or occupants for failure or interruption of continuous water service. The District shall not be liable for any act or omission caused directly by strikes, labor troubles, accident, litigation, breakdowns, shutdowns for emergency repairs, or adjustment, acts of sabotage, enemies of the United States, wars, state, municipal or other governmental interference, acts-of-Gad force majeure or other causes beyond its control. 3. Property Owners shall maintain that portion of the water, and I4 water lines on their property located beyond the District service connection or point of delivery, and all loss of water through breaks or leakage to the premises will be the responsibility of and paid by the property owner. The property owner shall maintain that portion of the sewer line located on their property. C. Property Owner's Liability For Damage to Equipment. The property owner is liable to the District for any damage done to the District's equipment used in providing service to the property owner, except damage done by District employees. The repair or replacement of District equipment by any property owner or duly authorized individual constitutes an illegal connection or tampering with District equipment without consent of the District and shall be subject to the penalties hereinafter provided. Charges for repair or replacement of District equipment shall be in accordance with Appendix A — Schedules 4 and 5. D. Security Deposits on Water, Sewer, and IQ Water Accounts. Security deposits normally are not required on District customer accounts for water, and/or sewer, and/or IQ water service. However,the District may require a deposit equivalent to Words Underlined are added;Words Struck ough are deleted. Page 13 of 29 Packet Page-692- 5/28/2013 16.C.6. two (2) months average service when an account has been shut-off for non-payment more than two (2) times in any six (6) month concurrent period. These deposits may be returned after six (6)months of timely payments. • . •... _ - .• • payments:- F E. Property Owner's Responsibility for Water, IQ water,and/or Sewer Services; Bad Debts. 1. The property owner is responsible for all water, IO water, and/or sewer services and/or other District services provided to the property. In the event service is discontinued for non-payment, service will be restored only after property owner has fully complied with provisions of Section 1.4, paragraph F6.2 and F0.3,of this Ordinance. 2, Unpaid fees constitute a lien against the property (see Section 1.4 P of this Ordinance). In the event water, and/or sewer service and/or other District services have been discontinued for non-payment and any or all services are requested to be reinstated for the property in the future, this back debt plus associated charges must be paid before water and/or sewer service and/or other District services will be furnished. 3. Bad debts as a result of bankruptcy or court actions will be written off in accordance with applicable laws, rules and regulations. 6F. Dates Bills Due and Delinquent; Discontinuance of Service for Non-Payment; Reinstatement Following Discontinued Service. 1. Utility service provided by the District shall be provided only to the property owner and not the tenant occupying the property if different than the property owner. The total amounts due on shills for utility service are due in full by the due date set forth on the bill from the District and are delinquent thereafter. Words Underlined are added;Words; -Through are deleted. Page 14 of 29 Packet Page-693- --- 5/28/2013 16.C.6. The District shall discontinue all utility sService when any portion of the overdue utility bill (above the cost of processing as charged by the County's Finance Department) rendered by the District is delinquent for non- payment of such bills for service. 2. When service has been discontinued for non-payment of bills, service will be renewed upon payment of loll unpaid overdue bills,;, plus ii a shut-off lock fee; iii)and a late payment penalty fee; and iv) any other fees or deposits that may. be due to the District from the property owner. (Appendix A Schedule 6 5). 3. If the lock has been tampered with and the street cock has been turned on prior to full payment of all fees the meter may be removed from the property, and the property owner shall be subject to penalties in accordance with Section 5. Should the property owner request renewal of service for the property, service will be restored upon full payment of: i4-) all past due bills plus a late payment fee where applicable;; and-(2.) ii a meter removal fee; and iii) any other fees or deposits that may be due to the District from the property owner. (Appendix A- Schedule 6 5). 4. If service has been discontinued for nonpayment of bills and an illegal water connection is made, service will be-renewed restored only after the District receives in full the upon payment of all unpaid bills;. In addition, other costs will be applied to the account as appropriate, including; i)time and material costs to remove the illegal connection and restore service, as determined by the District; the cost of the estimated amount of unbilled potable water and sewer charges, as applicable, as determined by the District during the period of the illegal connection; consumption less; iii) the payment of any other fees or deposits that may be due to the District from the property owner; plus iv) the property owner shall be subject to penalties in accordance with Section 5 and the charge for having an illegal connection as specified in -- ._ ._ppendix A- Schedule 6-5). 5. Billing for potable water, sewer,-service or effluent-irrigation IQ water services shall begin upon - . . _. .- .. . installation of the Words Underlined are added;Words Sisk-Through are deleted. Page 15 of 29 Packet Page-694- 5/28/2013 16.0.6. meters., . ... - . - _ _ .:. .. . . _.. 6. The property owner shall immediately notify the District of any additional dwelling units connected to the District's service lines if the dwelling units have not been included in previous applications. The property owner shall immediately notify the District when the property is sub-divided into units, with individual folios, that are then sold as independent units, each unit shall be individually connected to District Services. Costs for all work required for such connections shall be incurred by the property owner at no cost to the District. The District's service may be discontinued-Fer for violation of this Section,the District's service may-be-diseetninued. P1G. Billing Payment When Meter Reads Not Available ;Right of Entry Of Authorized Agents Or Employees. 1. Should the meter on any premises become defective, se such that the amount of potable or IO water delivered to such premises for the current month cannot be ascertained, the property owner shall pay for that month an amount equal to the previous twelve (121 months average :•--=•.: - - . -- . • preceding-months billings for water volume charges unless the actual amount of water can be determined. Calculations for any such adjustments shall be in accordance with a documented and approvedprocedure. 2. The District reserves the right to estimate water, sewer, and IQ water charges during a billing period. The estimate shall be based on previous twelve (121 months average billings for water, sewer, and IQ water volume charges. Calculations for any such adjustments shall be in accordance with a documented and approved procedure. 2-3. Duly authorized agents and employees of the District shall, during .. _ . ' ::. . .. .. . ... . - - _-- .. --,have access to any property for the purpose of examining the condition of fixture, service pipe Words Underlined are added;Words Struck eugh are deleted. Page 16 of 29 � Packet Page-695- 5/28/2013 16.C.6. installation and such other purposes as may be proper to protect the interest of the District, reading or repairing the potable and IQ water meters, and cross connection control devices located thereon, or turning the supply of such water service to the premises off or on. I H. Water Bill Complaints. Normally, high water bill complaints will not be accepted for inspection by the District unless all plumbing fixtures, piping and outlets have been examined by a licensed plumber who has certified that there are no leaks. If an investigation is made by the District and the findings reveal the initial meter reading was accurate and the meter is functioning properly, a meter re- read charge (Appendix A Schedule 6) will may be assessed-against charged to the property owner. The property owner shall be charged --- . __ _ - for meter tests which show the meter is functioning properly. J I. Meters,Location And Charge For Moving. - .. -- - • . . Meters and any associated cross connection control devices shall be located within the County utility easement serving the property, at the nearest point to the tap-in main, unless specific circumstances dictate otherwise. If a meter is moved at the request of the property owner,the property owner shall pay a fee equal to the District's full cost to remove and re-install the meter, service lines/laterals,and any associated cross connection control device at a different location in accordance with Appendix A—Schedule 4. I J. Connections With Water,And-Sewer,and IQ Water Required. The owner of each lot or parcel of land, or unit with an individual folio within the District where any improvement is now situated or shall hereafter be situated, shall, if the District operates and maintains water distribution and/or sewer collection facilities along the frontage of their property, connect or cause such improvement to be connected with the water and/or sewer facilities of the District. The usage of such facilities shall, at a minimum, be used for all indoor domestic usage and shall be connected within ninety(90) days following notification to do so by the District. Connection to the reuse IO water system shall only be required if the development order and/or property purchase agreements require such connection, and there is IQ water available. AllCosts for all works required for such connections shall be incurred by the property Words Underlined are added;Words Struck-Thretigh are deleted. Page 17 of 29 Ca4 Packet Page -696- 5/28/2013 16.C.6. owner and the connections shall be made in accordance with rules and regulations which may be adopted from time to time by the District,which rules and regulations shall provide for a charge for making any such connection in such reasonable amount as the governing board of the District may fix and determine. No connection or connections shall be required where the water or sewer system or line is more than two hundred(200)feet from such property line. 1.K. Exceptions To Connections. 1. This Ordinance shall not be construed to require or entitle any person to cross the private property of another in order to connect to the District's potable water,JO water,and/or sewer service. 2. Connection to the District sewer collection facilities may be deferred by the District for up to five (5) years, from when access to District facilities becomes available, if the property owner demonstrates that an existing private sewer system on the property remains in compliance with Florida Department of Health operating standards, or until modification or replacement is required. Monthly sewer base charges will be applied during this period. 3. Connection to the District sewer collection facilities may be deferred if the District determines, in accordance with a documented cost estimate provided by a certified professional,that the connection costs would be unreasonable,in order to meet utilities standards. Monthly sewer base charges will be applied during this period. 4. Connection to the District sewer collection facilities may be deferred if the District sewer collection facilities along the frontage of the property is a force main and the District determines, in accordance with a documented cost estimate provided by a certified professional, that the connection costs would be unreasonable, in order to meet utilities standards. Monthly sewer base charges will not be applied during this period. 5. Any exceptions to connections shall be in accordance with a documented and approved procedure. M L. Connections May Be Made By District. Words Underlined are added;Words Struck Through are deleted. Page 18 of 29 CA Packet Page-697- __ __ -_- 5/28/2013 16.C.6. i If any property owner of any lot or parcel of land within the District shall fail or refuse to connect to and use the potable water, IQ water, and/or sewer facilities of the District after notification, as provided herein, then the District shall be authorized to make such connections, entering on or upon any such property for the purpose of making such connection. The District shall thereupon be entitled to recover the cost (Appendix A — Schedule 3 4) of making such connection, together with reasonable penalties and interest and attorney's fees, by suit in any court of competent jurisdiction. In addition and as an alternative means of collecting such costs of making such connections,the District shall have a lien on such property for such cost; which lien shall be equal dignity with the lien of State and County taxes. Such lien may be foreclosed by the County in the same manner provided by the laws of Florida for the foreclosure of mortgages upon real estate. M. Discontinuance Of Water. Sewer,And IQ Water Service No property owner shall be relieved of the obligation to pay water, sewer, and IQ water charges unless the property owner has obtained a `Discontinuance of Water, Sewer, and IQ Water Service Authorization from the District. An example of a situation that may qualify for a discontinuance of water, sewer and IQ water service includes, but is not limited to, demolition and removal of all improvements and structures on a property evidenced by a completed demolition permit. When an authorization is granted to discontinue water, IQ water, and sewer service, charges shall terminate on the date of removal of the meter by the District. The charge for a discontinuance of water and sewer authorization is in accordance with Appendix A—Schedule 5. Charges for any subsequent re-installation of the water meter and sewer services will be in accordance with ERC calculations and with Appendix A—Schedule 3. N. Unlawful Connection Prohibited. No person shall be allowed to connect into any water,er sewer, or 1Q water line owned by the 4District without written consent of the District. The connection with such line shall be made only under the direction and supervision of the District. Any property owner or plumber who zhal make making any connection without such consent of the County District shall, upon conviction be subject to the penalties hereinafter provided. 0. Failure To Maintain Plumbing System. Words Underlined are added;Words Stfuek-Th augh are deleted. Page 19 of 29 Packet Page-698- 5/28/2013 16.C.6. The property owner shall be responsible for maintaining and keeping free from obstruction the water, and—sewer and IQ water pipes and associated assets leading to and connecting from the plumbing system to the District's water,and sewers, and IO water mains„; and(Failure to keep the such water,and-sewer, and IO water pipes and associated assets that are the responsibility of the property owner; free from obstructions and maintained in a proper manner, shall result in penalties in accordance with Section 5. P. Unpaid Fees To Constitute A Lien. In the event that the fees, rates or charges for the services and facilities of any water, and/or sewer, and/or IQ water system shall not be paid as and when due, any unpaid balance thereof and all_interest penalties accruing thereon shall be an automatic 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, mortgagor 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 fees, rates or charges 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 recovered by the District in a civil action, and any such lien and accrued interest may be foreclosed or otherwise enforced by the District by action or suit in equity as for the foreclosure of a mortgage on real property. Q. No Free Service. No waters er-sewage disposal, or IQ water service shall be furnished or rendered free of charge to any person, firm, corporation or governmental body. Each and every County agency, department, or instrumentality which uses such service shall pay therefore at the rates fixed by this Ordinance. R. Separate Connections For Each Separate Unit. 1. Unless authorized by the District, each dwelling unit whether occupying one or more lots and whether it shall occupy any lot or parcel jointly with any other dwelling unit shall be considered a separate unit for the payment of the water, and—sewage disposal, and 10 water rates and charges, and separate connections will be required for each of such dwelling units. Words Underlined are added;Words Struck Threugh are deleted. Page 20 of 29 Packet Page -699- --- -- 5/28/2013 16.C.6. 2. When a community of property owners, Homeowners Association (BOA) or Condominium association, where District services are separately connected to each property, elects to have the District provide water service through a single master meter, a formal written request shall be submitted to the District. The District will provide details of the approved administrative process and requirements that must be met to effect the requested change. SECTION TWO: AMENDMENT TO SECTION TWO OF ORDINANCE NO.2001-73, AS AMENDED Section Two is hereby amended as follows: SECTION TWO- Submetering 2.1 A landlord who is a eutsteme -ef property owner within the District and who provides water, IQ water, and/or sewer service to rental units through a single master water meter shall, under any of the following three circumstances, be exempt from the prohibitions contained in Section 1.4, paragraph B.1 against the sale or disposition of District water, IQ water, and/or sewer service: A. A landlord may apportion the monthly charge for District water, IQ water, and/or sewer service through the master meter equally among all rental units provided that the total monthly charge to all rental units shall not exceed the landlord's actual cost for District water,IQ water, and/or sewer service; or B. A landlord may install submeters for each rental unit to treelE measure each unit's usage of water service and then charge each unit according to its exact measured usage: however in no event shall the amount charged to all the rental units exceed the landlord's actual cost for District water and/or sewer service. A landlord who installs submeters shall comply with the requirements of Section 2.4, below and shall not recover more than his actual cost for District water and/or sewer service ugh associated with the respective master meter and shall not pass on to his tenants any of the capital or administrative cost incurred in the installation and Words Underlined are added;Words Stnieirt—Thratigli are deleted. Page 21 of Packet Page -700- 5/28/2013 16.C.6. monitoring of the submeters or the billing of tenants for their water. IO water, and/or sewer service usage;or, C. A landlord may also provide water, IQ water, and/or sewer service to rental units through a single master water meter for no specific compensation provided that in no event shall any landlord recover more than his actual cost for District water, IQ water,and/or sewer service from his tenants. 2.2 For any rental units which are under lease agreement as of the effective date of this Ordinance, a landlord choosing to install submeters as provided in Section 2-1.4, paragraph B above, shall not begin monitoring a rental unit's water usage and corresponding billed sewer flow where applicable for the purposes of charging a unit according to its actual water usage and sewer until the expiration of the then existing term under such lease agreement. Upon renewing an expired lease, or upon entering any new lease agreement with a tenant subsequent to the effective date of this Ordinance,a landlord choosing to submeter shall fully disclose to the tenant the landlord's ability to separately charge each rental unit for water, IQ water, and sewer service according to its exact metered water usage. Such disclosure shall must be in both of the following forms: (1) oral representations by the landlord to the tenant at the time of negotiating the lease and before either party has signed the lease agreement, and (2) by a conspicuously printed disclosure provision in the lease agreement specifically referencing the landlord's ability to submeter pursuant to the terms of this Ordinance and initialed by the tenant. 2.3 Upon a tenant's written request, any landlord who exercises his privilege to recover his actual cost for county District water, IQ water, and/or sewer service shall provide to the tenant documentation of the landlord's actual cost for District water, IQ water, and/or sewer service as well as documentation and a written explanation of the basis for any costs charged to the tenant for water, IQ water, and/or sewer service. Such documentation and written explanation shall be provided within five (5)business days from receipt of the written request. 2.4 Furthermore,upon dispute of a water, IC)water,and/or sewer bill by a tenant in person,in writing, by telephone, or in any other manner, a landlord shall, within five (5) business days of Words Underlined are added;Words Struck 3 are deleted, Page 22 of 29y Packet Page -701- `�' 5/28/2013 16.C.6. receiving notice of the tenant's dispute, pursue all of the following remedies in an effort to resolve the dispute: A. Reread the master meter and/or any submeter to verify the accuracy of the meter reading process and the working condition of the meter(s); B. If the working condition or accuracy of the master meter or any submeter is in question after being reread,the landlord shall have the meter tested; C. If after being tested the master meter or any submeter is found to be inaccurate or otherwise defective, the District or the landlord, as the case may be, shall immediately repair or replace the meter. D. Provide documentation of current and past billing practices with respect to the applicable rental unit for the period of the requesting tenant's occupancy; E. Arrange a meeting with the tenant and the property manager or some other representative of the landlord to discuss the billing process;AND and F. Any tenant whose request is unsatisfactorily addressed or who has exhausted the above options without redress may bring suit in a court of competent jurisdiction to obtain relief under Chapter 83, Florida Statues, the Landlord Tenant Act. 2.5 All submeters must achieve no less than register within the accuracy standards as currently fne4 approved and used by the District for its own water meters. In addition, any landlord installing submeters shall provide, where applicable, the following services, at the landlord's expense, which either meet or exceed the level of service currently provided by the District with respect to its water meters: A. The landlord shall promptly, upon receiving notice,repair all submeter leaks; B. The landlord shall promptly, upon receiving notice, replace any failed service lines or associated components; C. The landlord shall promptly, upon receiving notice, replace damaged or deteriorated submeter boxes or lids, and shall, where applicable, lower or raise a submeter box to grade as necessary; D. The landlord shall, upon receiving a water quality complaint, check applicable connections and flush applicable service lines; I j Words Underlined are added;Words Struck Stivek-Tkr-o41811 are deleted. Page 23 of 29 Packet Page-702- 5/28/2013 16.C.6. E. The landlord shall, upon receiving a low pressure complaint, check and test the system to ensure proper operation: F. The landlord shall locate and provide the location of all submeters and service lines upon reasonable request by a tenant; G. The landlord shall turn off applicable submeters in emergency situations; H. The landlord shall read all submeters no less frequently than once a month; I. The landlord shall replace all submeters that become stuck or.difficult to read;and J. The landlord shall notify the tenant of a potential leak upon reading a submeter that reflects an unusually high usage. 2.6 The provision of water and/or IQ water service through a single master meter by a landlord as described in this section is deemed not to constitute the sale or disposition of water and/or IQ water service. The provision of sewer service as described in this section is deemed not to constitute the sale or disposition of sewer service. 2.7 Any condominium association or Homeowners Association (HOA) that is a customer of the District and provides water and/or sewer and/or IQ water service to condominium units or single family homes/units through a single master meter may allocate the cost for such water service among its members either by equal apportionment, installation of submeters,or otherwise provided that such allocation of cost is restricted to recovery of the condominium association's actual cost for District water and/or sewer service and/or IQ water and directly related administrative or capital expenses incurred in recovering that cost. Upon a member's written request, any condominium association or HOA that exercises its privilege under this exemption from the prohibitions in Section 1.4, paragraph B.1 to recover its actual cost for District water and/or sewer and/or IQ water service and directly related administrative and capital expenses incurred in recovering that cost shall provide to the each individual member documentation for the condominium association's or HOA's actual cost for District water and/or sewer and/or IQ water service as well as documentation and a written explanation of the basis for any costs charged to the member for water and sewer service. Such documentation and written explanation shall be provided with five(5)business days from receipt of the written request. The Words Underlined are added;Words StRiek—T-Iwough are deleted. Page 24 of 29 Packet Page-703- 5/28/2013 16.C.6. provision of water service through a single master water meter by a condominium association or HOA as described in this section is deemed not to constitute the sale or disposition of water service. The provision of sewer service as described in this section is deemed not to constitute the sale or disposition of sewer service. The provision of IO water service as described in this section is deemed not to constitute the sale or disposition of IQ water service. 2.8 Any landlord or condominium association or HOA that elects to install submeters shall not charge a security deposit. 2.9 A landlord who is a property owner within the District and who owns multiple rental units or lots, within a single parcel, shall only provide water and/or sewer and/or IQ Water services through a single master water meter, unless an approved service exists prior to the approval of this Ordinance. Property owners of record are responsible for payment of all delinquent balances. 2.10 A landlord who is a property owner within the District and who provides water and/or sewer and/or IO water services through a single master meter to multiple rental units or lots, within a single parcel, and who sells any of the units or lots, such that they become individual parcels, shall be responsible for notifying the District of the transactions. Separately metered water services, and as appropriate sewer services, and/or IQ water services are required to be provided to each new property, resulting from the sale of such units or lots,prior to the issuance of Certificates of Occupation, or on change of ownership. The District will provide details of the approved administrative process and requirements that must be met to effect the requested change. SECTION THREE: AMENDMENT TO SECTION THREE OF ORDINANCE NO.2001- 73,AS AMENDED. Section Three is hereby amended as follows: SECTION THREE- City of Naples Service Area. Words Underlined are added;Words Struck-TlFeagh are deleted. Page 25 of 29 ' Packet Page-704- - ..._ 5/28/2013 16.C.6. 3.1 No extension of existing distribution water mains of the water system of the City of Naples may be made within the District, without the prior, written consent and approval of the governing board of the District, except that this Ordinance shall not apply to the lands described in Section 3.4. 3.2 All applications for said distribution water main extensions shall be made in writing to District staff who shall present said requests to the governing board of the District within thirty (30) days of receipt thereof. 3.3 The governing board of the District may attach reasonable conditions to the issuance of permits for distribution water main extensions which conditions may include, but not be limited to, provisions for payment of system development charges or impact fees which are, or may be enacted by the Collier County. 3.4 The City of Naples Water Service Area Boundaries are as follows: westerly along the north line of Sections 13, 14, 15, 16 and 17, Township 49 south, Range 25 Beginning at the intersection of the easterly shoreline of the Gulf of Mexico with the southerly City limit line of the City of Naples; thence easterly along said southerly City limit and the south line of Section 27, Township 50 south, Range 25 east, to the southeast corner of said Section 27., thence northerly along the easterly City limit line and the east line of said Section 27 to the northeast corner of said Section 27: thence westerly along the north line of Section 26., Township 50 south, Range 25 east, to the northeast corner of said Section 26; thence northerly Words Underlined are added;Words° Tr are deleted. Page 26 of 29 Packet Page-705- 5/28/2013 16.C.6. along the east line of Section 23, Township 50 south, Range 25 east to its intersection with the southerly right-of-way line of Thomasson Drive; thence easterly along said southerly right-of- way line of Thomasson Drive to its intersection with the range line between Range 25 east and Range 26 east; thence northerly along said range line lying between Range 25 east and Range 26 east to the northeast corner of Section 13. Township 49 south. Range 25 east; thence westerly along the north line of Sections 13, 14, 15, 16 and 17, Township 49 south. Range 25 east to the intersection of the north line of said Section 17 with the easterly shoreline of the Gulf of Mexico thence southerly along the meanders of the easterly shoreline of the Gulf of Mexico to the point of beginning. SECTION FOUR: AMENDMENT TO SECTION FOUR OF ORDINANCE NO. 2001- 73,AS AMENDED. Section Four is hereby amended as follows: SECTION FOUR—Appendices for Rates,Fees and Charges The Board of County Commissioners as Ex-officio Board of the Collier County Water- Sewer District hereby adopts the Rates,Fees,and Charges as set forth in Schedule 1 through q--5; inclusive, appended hereto as Appendix A, which as of October 1, 2006, shall be imposed upon all users of the District's services within the District's boundaries and outside the District's boundaries subject to appropriate mutual agreements. The AFPI ehargef; -_ - - • - • _. . . _. . - != . . ? . These rates, fees, and charges may be changed from time to time by ordinances or by resolutions of the Board of County Commissioners as Ex-officio Board of the Collier County Water-Sewer District, provided the Board publishes, in a newspaper of general circulation in Collier County, notice of an advertised public hearing with regard to the then proposed schedule amendments. The proposed amendments (by County Ordinances or Board Resolutions) can be agendized on the Board's regular agenda or on the Board's summary agenda subject to removal to the Board's regular agenda. Words Underlined are added; Words St tasli are deleted. Page 27 of 29 Packet Page-706- 5/28/2013 16.C.6. SECTION FIVE: AMENDMENT TO SECTION FIVE OF ORDINANCE NO, 2001- 73,AS AMENDED, Section Five is hereby amended as follows: SECTION FIVE- Penalties. Unless another penalty is specifically provided for, any person who violates any section or provision of this Ordinance shall be prosecuted and punished as provided by Section 125.69, Florida Statutes. Each day the violation continues shall constitute a separate offense. Additionally, the Board may bring suit for damages or to restrain, enjoin or otherwise prevent the violation of this Ordinance, before the Special Magistrate, or, in the Circuit Court of Collier County. SECTION SIX: AMENDMENT TO SECTION SIX OF ORDINANCE NO. 2001-73, AS AMENDED. Section Six is hereby amended as follows: SECTION SIX—Confidentiality 6.1 Confidential Information A. Information and data on a user obtained from reports, questionnaires, applications, and other material provided shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the District and County that the information is not "public record" under then applicable law, and is clearly within an exemption outlined in the Florida Public Record Law of the State of Florida, Chapter 119, Florida Statutes, or its successor in function. B. Notwithstanding any of the provisions of this Article, nothing shall be construed or interpreted to require the Collier County or the District to violate any of the applicable public records law(s). Any release of information or disclosure made by the County or District in order to comply with such law should not give rise to a claim whatsoever. Words Underlined are added;Words Strusk—T1 Feegh are deleted. Page 28 of 29 1) Packet Page-707- 5/28/2013 16.C.6.1 t { SECTION SEVEN: CONFLICT AND SEVERABILITY. The provisions of this Article shall be liberally construed to effectively carry out its purpose in the interest of public health, safety, welfare and/or convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION EIGHT: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Article shall become and be made a part of the Code of laws and Ordinances of Collier County, Florida. The sections of the 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 NINE: EFFECTIVE DATE. This Ordinance shall become effective upon being filed with the Department of State. PASSED AND DULY adopted by the Board of County Commissioners of Collier County, Florida,this day of ,2013. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER,FLORIDA, AS EX OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: By: , Deputy Clerk GEORGIA A. HILLER,ESQ. CHAIRWOMAN Approved as to form and legal sufficiency: r.5),„), Scott R. Teach Deputy County Attorney Words Underlined are added;Words SCI are deleted. Page 29 of 29 Packet Page -708- 0 5/28/2013 16.C.6. PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING,OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A-FEES,RATES AND CHARGES SCHEDULE 1-DISTRICT-WIDE WATER AND WASTEWATER RATES Page 1 of 3 1.WATER Fa+st+ag 114ent#y-Rates(1] Effective Effective Effective October 1,2010 October 1,2011 October 1,2012 WATER SERVICE BASE AVAILABILITY CHARGES (Residential,Multifamily,Commercial, and Irrigation Only) Meter Size 5/8" $17.63 $17.63 $17.63 3/4" 17.63 17.63 17.63 1" 38.92 38.92 38.92 1-1/4" 49.28 49.28 49.28 1-1/2" 74.20 74.20 74.20 2" 116.48 116.48 116.48 3" 215.32 215.32 215.32 4" 356.45 356.45 356.45 6" 709.27 709.27 709.27 8" 1,132.64 1,132.64 1,132.64 10" 2,049.94 2,049.94 2,049.94 12" 2,768.73 2,768.73 2,768.73 VOLUME CHARGE PER 1,000 GALLONS (Residential,Multifamily,Commercial and Irrigation Only) Block 1 $2.42 $2.42 $2.42 Block 2 3.64 3.64 3.64 Block 3 4.84 4.84 4.84 Block 4 6.05 6.05 6.05 Block 5 7.25 7.25 7.25 Block 6 9.67 9.67 9.67 BLOCK RATE STRUCTURE (Residential,Multifamily,Commercial and Irrigation Only) Consumption Block(Thousands of Gallons) Meter Size Block 1 Block 2 Block 3 Block 4 Block 5 Block 6 5/8" 0 to 5 6 to 10 11 to 20 21 to 30 31 to 50 Over 50 3/4" 0 to 5 6 to 10 11 to 20 21 to 30 31 to 50 Over 50 1" O to 12 13 to 25 26 to 50 51 to 75 76 to 120 Over 120 1-1/4" 0 to 20 21 to 40 41 to 80 81 to 120 121 to 200 Over 200 1-1/2" 0 to 25 26 to 50 51 to 100 101 to 150 151 to 250 Over 250 2" 0 to 40 41 to 80 81 to 160 161 to 240 241 to 400 Over 400 3" 0 to 80 81 to 160 161 to 320 321 to 480 481 to 800 Over 800 4" 0 to 120 121 to 250 251 to 500 501 to 800 801 to 1,200 Over 1,200 6" 0 to 250 251 to 500 501 to 1,000 1,001 to 1,500 1,501 to 2,500 Over 2,500 8" 0 to 450 451 to 900 901 to 1,800 1,801 to 2,700 2,701 to 4,500 Over 4,500 10" 0 to 700 701 to 1,450 1,451 to 2,900 2,901 to 4,300 4,301 to 7,000 Over 7,000 12" 0 to 1,075 1,076 to 2,150 2,151 to 4,300 4,301 to 6,450 6,451 to 11,000 Over 11,000 of Aflopted-hy-Reselutien-Ne,304-0-1-5& +3+Rates to become effective with the first full billing cycle for service rendered on and after October 1st of each fiscal year indicated. Rate adjustments represent the greater of:i)0.00%(no change);or ii)100%of the annual change in the Miami-Fort Lauderdale CPI as of April of the preceding fiscal year less 2.4%. Packet Page-709- 5/28/2013 16.C.6. PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING,OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A-FEES,RATES AND CHARGES SCHEDULE 1-DISTRICT-WIDE WATER AND WASTEWATER RATES Page 2 of 3 2. WASTEWATER Existing Monthly Rates111 Effective Effective Effective October 1,2010 October 1,2011 October 1,2012 WASTEWATER SERVICE BASE AVAI,4BILITY CHARGES (Residential,Multifamily,and Commercial) Meter Size 5/8" 526.94 526.94 526.94 3/4" 26.94 26.94 26.94 1" 61.25 61.2.5 61.25 1-1/4" 78.52 78.52 78.52 1-1/2" 118.51 118.51 118.51 2" 187.26 187.26 187.26 3" 347.60 347.60 347.60 4" 576.40 576.40 576.40 6" 1,148.69 1,148.69 1,148.69 8" 1,835.65 1,835.65 1,835.65 10" 3,291.09 3,291.09 3,291.09 12" 4,877.93 4,877.93 4,877.93 VOLUME CHARGE PER 1,000 GALLONS (Residential,Multifamily,and Commercial) All Usaee l3I 53.79 53.79 $3.79 {3}-Rates to become effective with the first full billing cycle for service rendered on and after October 1st of each fiscal year indicated. Rate adjustments represent the greater of:i)0.00%(no change);or ii)100%of the annual change in the Miami-Fort Lauderdale CPI as of April of the preceding fiscal year less 2.4%. {3)-Monthly individually metered residential usage charges are capped at 15,000 gallons. Packet Page-710- 5/28/2013 16.C.6. PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A - FEES, RATES AND CHARGES SCHEDULE 1 - DISTRICT-WIDE WATER AND WASTEWATER RATES Page 3 of 3 3. Fire Systems (Dedicated and Compound): (a) Fire Meter (i) Fire Service meter size will refer to the largest diameter meter register installed for fire protection. (ii) Fire Service meter connections that have consumption of 6,000 gallons or more ' in any one billing period are deemed to have provided domestic or other water usage and shall be billed according to regular water monthly availabilitse and usage charges as described herein. (b) Volume Charge (i) Per 1,000 gallons 4. Water Restriction Surcharge: Percent Reduction Goal Flow Charge Rate Water Shortage Phase* In Overall Demand Adjustment Percentage Phase 2- Severe 30% 15% Phase 3- Extreme 45% 30% Phase 4- Critical 60% 40% * Per the South Florida Water Management District(SFWMD)Water Shortage Plan Pursuant to Chapter 40E-21 of the Florida Administrative Code (FAC) The surcharge will be applicable to the volume charge for all single family and multi- family residential accounts for all consumption greater than Block 2,to non-residential accounts for all consumption greater than Block 1, and to irrigation accounts only for all consumption. The Block Structures are specified in Section One above. The surcharge is not assessed against the service availability-base charge. The water restriction surcharge will start on the first billing cycle of the month following the imposition of the restrictions. The surcharge will cease on the first billing cycle of the month following the revocation or lifting of the restrictions. Packet Page-711- 5/28/2013 16.C.6. PUIZEIE4T41.004E.S-1114081014 C421.0180-601401=S44441:68-SEWER-DISERICT APPENDIX A-41EFErR4TES-AND-CHARGES 44iates Existing .... 11 Psoneses144014414-Rates424 iffostine Effective Efieotime EtiestIve Ostober-1,40441 Aissil4r2414 Ootober4,4044 2012 hiskir1180 2/4= 42646- $27.57 634,33 $33.34 42 60.94- 4346 70.34 77.38 1 1/2" 44843- 424.89 44744 444= r 48640- 49644 24444 34Z44 az 3441.6.5- 38949 42841 47942 42 425.40- 44444 664,49 13446 61 144946- 4,247.24 1,2 27.97 4,444.44 at 206448- 244842 2,384.48 2,624.03 4841.0A1E-GBARGE-PER4,000-GALLONS Blosk4 64.3.2 84,78 165.23 litiosi42 5.5; 5.88 6.44 7.48 giosis2 6.74 4,96 7-,74 844 Wocii4 7.77 8.44 8.98 9.84 8146144 8.94 9.38 4442 44,35 Blesii4 11.V 44,49 42.84 4445 81.06K44.4784-TRUCTURE Coosunxituni4Eock4T-lieusandoetLaiiens) Meter Eiae illagia litorail Ikeda 6i60k4 Meas.& 6160146 049-1 0404 64040 44.020 244040 244040 Oves-60 2/42 0400 84040 444040 244030 244060 Over-.50 4= 04042 424024 2640-60 01 to 70 0040420 9ses420 1 1/4" 040-20 34-4e-40 4440430 81-to420 424-40-200 9ve0200 4-4421 040-20 2640-60 0140400 404404E0 44440-204) Over-200 2= 04040 44-40-00 8440460 44140240 24440 4041 Oves-400 24 040410 8440460 44440-320 22440480 484-404300 Oves4300 41 040420 124-00440 24440-600 504-40-840 804404400 040E44400 44 0-10-340 254-10-540 004404,000 4004-to4,800 4,60440-2,140 Over 2,500 81 040-400 40440440 404404,840 4,1404402,700 2,104-to4E4Xi Over-4,600 4.4441es 0.76 fixedstiasgeofsoni-4110City-of-Mssis-isionsi. For-Eash-Rate-lilecia Of Merfed-by-Reselutten-mo-15.8. Packet Page -712- 5/28/2013 16.C.6. PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING,OPERATING,AND REGULATORY STANDARDS ORDINANCE APPENDIX A-FEES,RATES AND CHARGES SCHEDULE 22-IRRIGATION QUALITY WATER RATES Page 1 of 1 Existing Monthly Rates{} Proposed Monthly Rates [2 jj Effective Effective Effective 10/1/2008 10/1/2011 10/1/2012 SERVICE AVAILABILITY BASE CHARGE Meter Size 5/8" $5.40 $5.64 $5.90 3/4" 5.40 5.64 5.90 1" 11.80 12.33 12.89 1-1/2" 24.70 25.81 26.97 2" 49.30 51.52 53.84 3" 97.60 101.99 106.58 4" 195.20 203.98 213.16 6" 371.00 387.70 405.14 8" 673.40 703.70 735.37 10" 1,077.65 1,126.14 1,176.82 12" 1,605.20 1,677.43 1,752.92 VOLUMETRIC CHARGE PER 1,000 GALLONS Customer Type: Bulk $0.32 $0.33 $0.35 Pressurized 0.41 0.43 0.45 Pressurized and Distributed 0.81 0.85 0.88 • 1 1 [21] Rates to become effective with the first full billing cycle for service rendered on and after October 1st of each fiscal year indicated. Packet Page-713- 5/28/2013 16.C.6. PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A-FEES, RATES AND CHARGES SCHEDULE-4 3 -METER TAPPING CHARGES AND CROSS CONNECTION CONTROL DEVICE CHARGES Page 1 of 1 Meter Installation Charges(Tapping Fees) 1. Meter Installation Charges to be paid to the District shall be as follows: Meter size meter tapping charges: Summary of Meter Tapping Charges With Service Line Installation Charge(1) Meter Size Effective October 1,2008 Effective October 1,2010 3/4 inch $779.00 $779.00 1 inch $827.00 $827.00 1 1/2 inch $940.00 $940.00 2 inch $1,213.00 $1,213.00 Summary of Meter Tapping Charges Without Service Line Installation Charge(1) Meter Size Effective October 1,2008 Effective October 1,2010 3/inch $257.00 $257.00 1 inch $270.00 $270.00 1 1/2 inch $347.00 $347.00 2 inch $410.00 $410.00 Cross Connection Control Device Charges(Formerly known as Backflow Device) 2. Cross Connection Control Device Charges to be paid to the District shall be as follows: Reduced Pressure Zone Device Charges Meter Size Effective October 1,2008 Effective October 1,2010 3/4 inch $247.00 $247.00 1 inch $270.00 $270.00 1 1/2 inch $375.00 $375.00 2 inch $433.00 $433.00 (1) Typical costs where the District performs all work. Actual invoice costs will be charged for work performed by subcontractors. Packet Page-714- 5/28/2013 16.C.6. PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING,OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A-FEES,RATES AND CHARGES SCHEDULE 5 4-EQUIPMENT,LABOR AND ADMINISTRATIVE CHARGES Page 1 of 1 Summary of Equipment,Labor and Administrative Charges DESCRIPTION Effective October 1,2008 Effective October 1,2010 (1)Equipment(Per Hour Rates): Rehab&Electrician's Truck $77.00 $77.00 Crew Truck $51.00 $51.00 Vactor Truck $207.00 $207.00 Camera Truck $155.00 $155.00 Boom Truck $103.00 $103.00 20 Yard Dump Truck $72.00 $72.00 10 Yard Dump Truck $41.00 $41.00 Pumper Truck $207.00 $207.00 Track Hoe(Big or Small) $51.00 $51.00 Back Hoe $67.00 $67.00 Olympian Generators $62.00 $62.00 Dewatering System $41.00 $41.00 4"Trash Pump $10.00 $10.00 Mud Hog $15.00 $15.00 Trailer $46.00 $46.00 Signs,Barricades and/or Traffic Board $103.00 $103.00 Road Saw and/or compactor $15.00 $15.00 Miscellaneous Small Equipment $5.00 $5.00 Soft Dig Truck N/A $100.00 Portable Lights N/A $25.00 Bucket Truck N/A $125.00 Pickup Truck N/A $40.00 (2)Labor(Per Hour Rates): Utility Technician $31.00 $27.00 Supervisor $41.00 $34.00 Crew Leader N/A $29.00 Senior Crew Leader N/A $30.00 Maintenance Specialist N/A $28.00 Safety Coordinator N/A $38.00 SCADA Operator N/A $30.00 GIS Technician N/A $32.00 Odor Control Specialist N/A $32.00 Parts Manager N/A $30.00 Parts Clerk N/A $26.00 Equipment Operator N/A $26.00 (3)Administration(Per incident) 15%or$300;whichever is 15%or$300;whichever is smaller smaller 4 Parts Actual Cost Actual Invoice Cost (5)Sub-contractors Actual Cost Actual Invoice Cost (6)Right of Ways Permits Actual Cost (7)Laboratory Tests(Per test) $25.00 Packet Page-715- 5/28/2013 16.C.6. PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING,OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A-FEES,RATES AND CHARGES SCHEDULE 6 5-MISCELLANEOUS CHARGES Page 1 of 1 Summary of Miscellaneous Charges DESCRIPTION Effective October 1,2010 Effective October 1,2011 New Accounts-including Property Change of Ownership $28.00 $28.00 Turn Off-Turn On at Owner's Request $50.00 $50.00 Meter Re-Read(if different-charge is$0) $50.00 $50.00 Meter Data Log Analysis $50.00 $50.00 Meter Test: Onsite Test(more than 3%error-charge is$0) $140.00 S140.00 Offsite Bench Test(more than 3%error-charge is$0) $250.00 $250.00 Meter Lock $55.00 $55.00 Meter Unlock,2nd and Subsequent Events $55.00 $55.00 Meter Unlock after normal busines hours $100.00 $100.00 Meter Pull $110.00 $110.00 Meter Removal Actual time and material cost Actual time and material cost Discontinuance of Service-Meter Removal Actual time and material cost Actual time and material cost Illegal connection Actual time and material Actual time and material cost, cost,plus average plus consumption**,plus a consumption,plus a$300.00 $300.00 fine Convenience Fee-Credit Card $0.00 $0.00 Temporary Meter Deposit $1,000.00 $1,000.00 Duplicate Bill Processing Fee $2.00 $2.00 Non-Sufficient Funds(NSF)Processing Charge per Actual Bank Charge per Actual Bank Charge assessed plus Admin fee of assessed plus Admin fee of 5% 5%of the amount or$100, of the amount or$100, whichever is smaller whichever is smaller Cost of Processing for Refunds and Final Bills $10.00 Late Payment Penalty 5%of unpaid balance 5%of unpaid balance Vehicle Parked Over Meter Charge $60.00 $60.00 Removal of Landscaping to 4access Mmeter and cross connection control device $80.00 $80.00 Septage Processing Charge/1,000 gallons $35.00 $35.00 Grease Trap Waste Charge/1,000 gallons $45.00 $45.00 ""Consumption charges to be based on meter size,calculated by time connected,or average consumption,or 100,000 gallons Packet Page-716- 5/28/2013 16.C.6. Payment Galen&... .Year Month 2010-4-1} 2011 11] 204-2 2013 204-4 2045 204-6 January 8545:80 8674.44 5760.496 5856:08 $856:08 $856x.08 8856108 February 531.77 687:44 772.85 856:08 85448 856:08 856:08 March 514.71 64246 784.74 856:08 856:08 85608 856:08 April 557.71 65345 796163 85648 856.08 85648 85608 May 53948 66534 805:52 856108 85648 856408 85608 Jane 58365 67-7.73 820144- 856.08 856-08 556:88 856-08 July 59642 68942 83240 85648 85608 85648 85648 August 609.39 701.51 84449 856:08 856:08 85608 85608 September 62246 33340 856-08 85648 85648 856:08 85645 °eteber 63533 725.29 856:08 85648 856:08 856:08 856:88 November 648150 737.1 c 85608 85648 55648 85648 856.08 Deeember 661:47 749.07 856:48 85648 856.08 856:08 856:08 Payment Ga1_.._•t -r a ea-v_ r Month 2,04-0-H-} 204-1-I-11 2043 2013 2014 2045 201& January $434.60 $548.08 $584.76 5654.-48 $654.48 $654:48 $654.48 February 432.14 558162 590.85 65448 654,441 654.48 65448 Mareh 44248 490186 599.94 654.48 65448 65448 65448 A-0i41 453.22 199.95 606.43 65448 65448 654:48 65448 May 463:76 50944 616.12 65448 65448 65448 65448 June 474.30 518.13 627.24 654:48 654:48 654.48 654.48 July 48444 527.22 636.30 65448 65448 65448 65448 August 495.38 536.31 645.39 65448 65445 65448 654.48 September 505.92 546.48 654145 654.48 65448 654:48 654148 Oeteber 546.46 55449 654148 654.48 654148 65448 65448 November 527.00 563.58 654:48 654.4 654,48 654148 65448 Deeembee 537.54 572.67 65448 65448 65448 654.48 65448 Packet Page-717- 5/28/2013 16.C.6. UBCS CUSTOMER ACCOUNT ADJUSTMENT PROCEDURES PROCEDURES FOR EVALUATING AND APPLYING ADJUSTMENTS TO COLLIER COUNTY WATER-SEWER DISTRICT CUSTOMER ACCOUNTS COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE—Ordinance No. 2013-XX SECTION 1. 3District Rates, Fees and Charges other than Monthly User Fees. G. Adjustments 1. Any debit or credit adjustments for any District service can only be made as the result of a documented and approved procedure. For example: The procedure for adjusting customer accounts for unexplained loss of metered water wa- . :: : : - . ._. : - : ., .. 3, 2001. ... e . .. . --- - - ' - -. . - -- - - -- - -- - -- - - - - approved by the Public Utilities Division Administrator or designee before processing. 2. Debit and/or credit adjustments for District errors and omissions should be applied to the account or refunded, if appropriate, and are subject to appropriate review and authorization. The unexplained loss of metered water procedure approved by the Board of County Commissioners on January 3, 2001 has been updated from time to time to incorporate the evaluation of previously unidentified water loss situations. These changes have been approved by the Public Utilities Division Administrator or his designee, and the County Attorney's Office, and are included in the current version of this procedure at APPENDIX A. The documented and approved procedure for debit and/or credit adjustments for unforeseen situations (other than metered water loss), and District errors and omissions is included as APPENDIX B. This version of the procedures was approved by the Board of Collier County Commissioners at their meeting on February 26, 2013 March 11, 2013 Page 1 of 8 Packet Page-718- 5/28/2013 16.C.6. UBCS CUSTOMER ACCOUNT ADJUSTMENT PROCEDURES APPENDIX A COLLIER COUNTY WATER-SEWER DISTRICT PROCEDURE FOR ADJUSTMENT OF CUSTOMER ACCOUNTS FOR EMERGENCY SITUATIONS INVOLVING LOSS OF METERED WATER PURPOSE The purpose of this Collier County Water-Sewer District (CCWSD) procedure is to provide a credit adjustment to the water, IQ, and/or sewer account of a customer who has experienced an emergency situation involving the loss of metered water. The excess water metered will have occurred as a result of conditions beyond normal and reasonable control of the customer or other parties responsible for the use, care and maintenance of fixtures and devices that are a part of the customer's water service system. CONDITIONS It is the customer's responsibility to promptly discover and stop the loss of water on the customer's side of the meter. In addition, the customer is responsible for making arrangements to repair or have repaired the fixture or device causing the water loss. There is no obligation for the CCWSD to adjust accounts when the water has been metered properly. It is the CCWSD's desire to encourage customers to make prompt and permanent repairs and to show consideration for the unusual circumstance by sharing the cost of the billing charges resulting from the stated conditions. Where the loss is believed to have been taken without the permission of the customer, however, it is the customer's responsibility to report to the local law enforcement office. CUSTOMER RESPONSIBILITY 1. The customer must provide information describing the emergency situation or circumstances that resulted in the loss of water within 30 days of the disputed utility bill invoice date. The information required includes the date the problem was discovered, what action was taken to stop the loss of water, and the arrangements made for repairs. 2. The customer must provide a copy of the plumber's bill or receipts for materials purchased if the customer made the repair him/herself, or a copy of the law enforcement office theft report. These documents are needed to support the condition that the repair is a quality job of a permanent nature. ADJUSTMENT PROCEDURE 1. Within 30 days of receipt of the customer's plumber's bill, or receipts for materials purchased, or confirmation on the field work order of a leak on the customer side together with written confirmation from the customer that the leak has been repaired, a customer service representative will complete an evaluation of the circumstances surrounding the March 11, 2013 Page 2 of 8 Packet Page-719- 5/28/2013 16.C.6. UBCS CUSTOMER ACCOUNT ADJUSTMENT PROCEDURES water loss. Where the customer submits a law enforcement office theft report only a sewer adjustment will be considered. 2. The customer service supervisor will review the evaluation and determine whether an adjustment is appropriate. If an adjustment is approved then the customer service supervisor will request the accounting team to provide the adjustment calculation. 3. Upon completion, the calculation will be passed for review and approval before it is forwarded to the billing team for application of the adjustment to the customer account. Explanatory notes will be included on the next bill, or a letter explaining the adjustment will be forwarded to the customer. 4. Using the following guidelines, the accounting team will calculate the adjustment. Where the water has not returned to the sewer system The adjustment shall be: 1. 50% of the amount in excess of the previous twelve (12) months average billings for water volume charges for the first bill involving the loss of metered water and 2. 100% of the amount in excess of the previous twelve (12) months average billings for wastewater volume charges, for the first bill involving the loss of metered water and other bills that can be attributed to the leak, for the following conditions or similar situations: • Burst pipes or underground leaks • Irrigation system leaks • Faulty water heaters or pressure reducing valves, and • Faulty pool auto fill devices and pool leaks Where the loss is for IQ water only,the adjustment will be: 1. 50% of the amount in excess of the previous twelve (12) months average billings for IQ water volume charges for the first bill involving the loss of metered IQ water Where a property owner accidently leaves a hose running, or has a similar incident that is not the consequence of a leak or fault, or as a result of a reported theft of water, 100% of any sewer charges over the previous 12 months average billings will be credited. Where the previous 12 months includes one or more months of higher disputed consumption, this should not be included in the average calculation as this would unfairly distort the average. In this situation include months beyond the twelfth month to offset the high consumption months. In no instance will the total credit adjustment of 50% of the amount in excess of average billings for water volume charge exceed $250.00. Where new sod has been laid or new landscaping planted, and we have invoiced confirmation of the purchase, 100% of the amount in excess of the previous twelve (12) months average billings March 11, 2013 Page 3 of 8 Packet Page-720- 5/28/2013 16.C.6. UBCS CUSTOMER ACCOUNT ADJUSTMENT PROCEDURES for wastewater volume charges, can be credited for each consecutive month of the additional 43 watering, for a period of 30 days from the planting. NOTE: The maximum wastewater volumetric charge for individually metered residential property shall be 15,000 gallons per month. Where the water has returned to the sewer system: The adjustment, for the first bill involving the loss of metered water, shall be: 1. 50% of the amount in excess of the previous twelve (12) months average billings for water volume charges and 2. 50% of the amount in excess of the previous twelve (12) months average billings for waste water volume charges will apply The above shall apply for the following conditions or similar situations: • leaky toilet • running faucet • or other internal plumbing fixture When twelve month average not available If a full twelve (12) month average is not available, because we do not have 12 reads, then for each month where we have no read,the average shall be established as follows: Residential, individually metered - no credit shall be applied until a minimum three month average has been accumulated through normal usage. Where more than three months of normal usage are available, but less than twelve, all applied monthly consumption shall be used to determine the average. ten thousand five hundred (10,500) gallons, rounded down to 10, defined as one (1) Equivalent Residential Connection (ERC) (equal to 350 gallons per day) per household times thirty (30), which is the number of days in a normal billing cycle. Residential, master metered — the adjustment will depend on where the water loss occurred. Wherever the loss point is identified the adjustment will be based on the number of units on the loss side. Generally the square footage of a unit should be available from the Property Appraiser, HOA, or Property Management Company. Number of Units (see table below)X ERC rate X 350 gallons X 30 (rounded down) Unit size(sq.ft. ERC rate 0 to 750 0.33 751 to 1,500 0.67 1,501 or more 1.0 March 11, 2013 Page 4 of 8 Packet Page-721- 5/28/2013 16.C.6. UBCS CUSTOMER ACCOUNT ADJUSTMENT PROCEDURES Commercial - the adjustment will depend on where the water loss occurred. Wherever the loss point is identified the adjustment will be based on the square foot of office or retail space affected on the loss side. Generally the square footage should be available from the Property Appraiser,Engineer of Record, or Property Management Company. Offices: Number of square feet X 0.15 gallons X 30 (rounded down) Retail:Number of square feet X 0.1 gallons X 30 (rounded down) GENERAL INSTRUCTIONS A. No water adjustment shall be made for any period beyond the initial billing period in which the excessive consumption was identified. Not more than one (1) adjustment for an excessive water bill caused by the same condition shall be made within a period of one (1)year per customer. B. All adjustments for water loss will be calculated at Block 1 rates for the applicable meter size beyond which the loss occurred. C. Calculation of any adjustment will be made by the accounting team on a form provided and shall include a complete and adequate description of the problem and justification for the adjustment. A copy of the adjustment D. The review and approval of all adjustments will be in accordance with the table of authorities included at APPENDIX C E. Once the adjustment has been made to the customer's account, the customer will be notified by a customer service representative via telephone and the adjustment with explanatory notes will be included on the next utility bill. IMPLEMENTATION The Public Utilities Administrator, or his or her designee, shall be responsible for implementation and interpretation of this procedure and is authorized to exercise the applicability of this procedure in the various circumstances involving abnormal water usage or loss, in accordance with the Collier County, Uniform Billing, Operating, and Regulatory Standards Ordinance 2013-XX, Section 1.3.G, as may be amended from time to time. March 11, 2013 Page 5 of 8 Packet Page-722- 5/28/2013 16.C.6. UBCS CUSTOMER ACCOUNT ADJUSTMENT PROCEDURES EXHIBIT B COLLIER COUNTY WATER-SEWER DISTRICT PROCEDURE FOR DEBIT OR CREDIT ADJUSTMENT OF CUSTOMER ACCOUNTS FOR UNFORSEEN SITUATIONS, ERRORS AND OMISSIONS PURPOSE The purpose of this Collier County Water-Sewer District (CCWSD) procedure is to provide a debit or credit adjustment to the water and/or sewer account of a customer where an unforeseen situation has arisen or an error or omission by CCWSD has been identified. The situation will likely have occurred as a result of meters or devices that are part of a customer's water service system being incorrectly installed or not assigned to the customer account, the provided service being incorrectly identified on the account, or the incorrect rate code being applied to the account. CONDITIONS Situations may arise whereby CCWSD services have been provided to a property without appropriate charges and fees being applied to the customer account. Furthermore these services may have been provided to the property through one or more changes of ownership of the property. It is the customer's responsibility to promptly discover services that are being received but not being billed. There is no obligation for the CCWSD to adjust accounts when the water and/or sewer services have been metered and charged properly. Also, fixtures or devices may have been installed incorrectly or have malfunctioned. It is the CCWSD's desire to make prompt reimbursement for the unusual circumstance by fair apportionment of the cost of the billing charges resulting from the stated conditions. Similarly it is the CCWSD's responsibility to recover costs for services that have been provided but not correctly billed. The Water-Sewer District is self-supporting through the customer fees received monthly for the services provided. By virtue of the Special Act that created the District, Section 17 states: Free water and sewer services prohibited. - No free water or sewer service shall be rendered by the District and no discrimination shall exist in the fees, rates, and charges for users of the same class. Under the Florida Statute of Limitations, we have an obligation to all customers of the Water- Sewer District to recover all back charges owed for up to four years. March 11, 2013 Page 6 of 8 Packet Page -723- 5/28/2013 16.C.6. UBCS CUSTOMER ACCOUNT ADJUSTMENT PROCEDURES CUSTOMER RESPONSIBILITY 1. Should a customer discover that an unforeseen situation, error or omission has occurred affecting their account, it is the customer's responsibility to contact Customer Service to report the matter as soon as practicable. ADJUSTMENT PROCEDURE 1. Upon discovery by CCWSD staff or notification of the situation, error or omission a customer service representative or billing team member will evaluate the circumstances and prepare an initial adjustment proposal. 2. The representative's supervisor will review the adjustment proposal. The supervisor will send any adjustment proposals to their manager for review, as appropriate. [See authority levels below] 3. The approved adjustment proposal will be passed to the accounting team for calculation. 4. Using the following guidelines,the accounting team member will calculate the adjustment. GENERAL INSTRUCTIONS A. Any debit or credit adjustment will reflect a fair assessment of any services not received or services used where inadequate notification or awareness was afforded to the customer. B. Calculation of any adjustment will be made by the accounting team on a form provided and shall include a complete and adequate description of the problem and justification for the adjustment. C. Calculation of any adjustment will be made by the accounting team on a form provided and shall include a complete and adequate description of the problem and justification for the adjustment. A copy of the adjustment D. The review and approval of all adjustments will be in accordance with the table of authorities included at APPENDIX C E. Once the adjustment has been made to the customer's account, the customer will be notified by a customer service representative via telephone and the adjustment with explanatory notes will be included on the next utility bill. IMPLEMENTATION The Public Utilities Administrator, or his or her designee, shall be responsible for implementation and interpretation of this procedure and is authorized to exercise the applicability of this procedure in the various circumstances involving abnormal water usage or loss, in accordance with the Collier County, Uniform Billing, Operating, and Regulatory Standards Ordinance 2013-VC, Section 1.3.G, as may be amended from time to time. March 11, 2013 Page 7 of 8 Packet Page-724- 5/28/2013 16.C.6. ca [s] U .-. .-. ,-.o _ .-. c. t�' 0 0 0 0 0 0 0 0 0 o O o o O o 0 o O o 0 0 0 0 0 0 0 © °0 0 0 0 0 o g o 44 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 H = = 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 In In In In In In In In In In In In In In v-, kr) In In ,� 69 69 69 64 69 64 69 69 69 64 69 64 69 64 64 64 64 rn I I I I I I I I I I I I I I I I I I C6) H a S c o °o CD °o g °o g g 00 00 °o g g g S o vp o 0 0 o 0 0 o o o 0 0 o 0 0 0 0 0 0 0 © QU 64 .4 64 69 64 64 69 69 69 69 69 69 49 69 64 69 69 69 Q I y pp 0 pp pp O p O O O p O O O O O O O O 0 0 0 0 0 O O O CD„ O O O O CD„ O O O O C O O O O O O O _O O_ O_ _O O _o o_ _o o_ O .0 .� 64 69 69 69 69 69 69 69 69 69 69 69 69 64 64 69 69 69 U E a I I I I I I I I I I I I I I I I I I U cn = 'a p p p p p Q Q 0 0 0 0 0 0 S O O O q O O O O O O Co O CO .0 A 6644 69 64 64 6�9 6699 6�9 6�4 69 6�9 6699 699 69 GS 69 69 69 EA 0 .a a 00 0 a Cr) H © ° o°n000o0 0 0 CO 0 0 0 0 0 0 0 0 0 0 a, •- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ": In If) l/'I in in l/'I In I!7 t/'I In I/� If) I/') I() I() I/'1 69 69 69 69 64 69 69 69 69 69 69 69 69 64 64 64 64 69 U ` O O I I I I I I I I I I I I I I I I I I cu s: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ,., E o In In In In In , In In In In In In In In In In In vl — L. N N N N N N N N N N N N N N N N N N 0) t 69 69 69 69 69 64 64 64 69 69 64 69 69 49 69 64 49 69 V1 O i L 1 CI) in E O E O O O O O O O O O O O O O O O o 0 0 y 0 0 0 0 0 O O O O O O O O O O O O O U In in I/'^ I('^ I/'^ I/'I I/„ In I/'^ v'^ v'1 I/'^ V'^ I/') i I4'1, I/') V'^ CI C N N N N N N N N N N N N N N N N N N C CCC .b• 64 69 64 69 69 64 69 64 64 69 69 64 64 64 69 69 69 44 i Et r, O O O O O 0 0 O 0 0 0 0 0 0 0 0 0 0 0 a a, .9. . a a a a a a. a a n, a. 0. a. n. Cl. a C EA 0 0 0 0 a a a 0 a 0 a o 0 0 a 0 0 U a 00 C4 c cn o T . a at = a) . > , 3 3 3 a Gi a) a) t L u a) a) c) 0 _c a) .0'� '� a) a) o a6 ❑ '~ g a. E c 2 2 U a ¢ E o 3 -° 3 3 3 L w N z o 3 °v) 3 a v, i - 'o w +, a :- w a ¢ In rn 3 O a) O 3 = c o Li. =p v' �'" n CH ,; ' I `° L te cn O O 5 .> CU E U a) .� N I.. a) 0 >, C I.. 0 I., a) a) YO a) a) L. a) O 0 �. • �; = � c o4 0 o oQ ''' i3 - 3 03 Y3 ° ,,, _, Y) . . N 'F L ��0+ co 0 4] 0 cC �• H -0 sue. �0 0 aS - 6) F Q F' L y O '> cC LP, O ice. - w y c.) w c) 0 .— '� a) C a) Q a) w 0.1 � ? :. U C ° 0 6) " ° a a) C y h C.) a) w .� . v L a) y C y 6 C I.. y E -> ., 8 fl. 0 x UO w 7 p = 0 E 3 c�Plo t) ;O a on a a i s :° E = cd o ° °_) r 0 a. cr) °Ir' o ° a) a) o a) o O o O o 0) O 4, = U Q4-1 -. OZU2 c2ZcAU3r49a Uma Ul= cGUw Packet Page-725-