Ordinance 86-67 ' '~ ORDINANCE NO. 86- 67
AN ORDINANCE ESTABLISHING MONTHLY RATES, FEES
.AN~CHARGES FOR WATER AND SEWER SERVICE IN THE
~.?,3-~0LLIERCOUNTY WATER-SEWER DISTRICT AS FOLLOWS~
~t'~e.<07~'A.l~'g WATER
(1) FLAT R~.TE-AVAILABILITY CHARGE
(a) SINGLE FAMILY RESIDENCE $13.94/UNIT
(b) MULTI-FAMILY RESIDENCE:
DUPLEX RESIDENCE $27.88/UNIT
RENTAL APARTMENTS OR
CONDOMINIUMS $13.94/UNIT
(c) BUSINESS AND INSTITUTIONS $13.94
(2} WATER USAGE - ALL CLASSES
OF SERVICE $1.24/1000
GALLONS OR PART
THEREOF
B. SEWER
('1) RESIDENTIAL
(a) SINGLE FAMILY RESIDENCE, MULTI-FAMILY
RESIDENCES, APARTMENT RESIDENCES,
MOBILE HOME RESIDENCES:
EACH ONE BATH LIVING UNIT $ 9.98
EACH ADDITIONAL BATH PER
LIVING UNIT $ 2.22 ~
(2) NON-RESIDENTIAL
EACH FACILITY SHALL BE BILLED BASED ~ ~-~
UPON THE TOTAL OF THE FOLLOWING UNIT~ '~'
CONTAINED THEREIN.
(a) HOTEL, MOTEL AND TRAISER RENTAL ~
UNITS: EACH UNIT $ 4.88 ~
(b) COMMERCIAL, OFFICE, INSTITUTION~
AND INDUSTRIAL TOILET UNITS (NOT TO ~ .~.
INCLUDE INDUSTRIAL WASTE): ~
EACH TOILET UNIT $17.74
(c) COMMERCIAL AND COIN LAUNDRY
WASHER UNITS:
EACH WASHER UNIT $ 8.87
(d) RESTAURANT AND LOUNGE
SEATI~G UNITS ~
EACH SEATING UNIT $ 1.55
PROVIDING DEFINITIONS; PROVIDING FOR APPLICATION
FOR SERVICE; PROVIDING FOR LIMITATION OF USE AND
CONTINUITY OF SERVICE; PROVIDING METER TAPPING
CHARGES; PROVIDING CUSTOMER'S LIABILITY FOR DAMAGE
TO EQUIPMENT; PROVIDING WATER DEPOSITS; PROVIDING
SEWER DEPOSITS; PROVIDING OWNER'S RESPONSIBILITY
FOR WATER SERVICE AND BAD DEBTS; PROVIDING DATES
BILLS DUE AND DELINQUENT, DISCONTINUANCE OF
SERVICE FOR NON PAYMENT, REINSTATEMENT FOLLOW-
ING DISCONTINUED SERVICE; PROVIDING PAYMENT WHEN
METER BECOMES DEFECTIVE, RIGHT OF ENTRY OF
AUTHORIZED AGENTS OR EMPLOYEES; PROVIDING WATER
BILL COMPLAINTS; PROVIDING EACH RESIDENCE A~iD
PLACE OF BUSINESS CONSIDERED SEPARATE SERVICE;
PROVIDING METERS, LOCATION AND CHARGE FOR MOVING;
PROVIDING INACTIVE AC3OUNTS, NOTICE, FORFEITURE OF
DEPOSIT; PROVIDING COLLECTION OF WATER AND SEWER
UTILITY BILLS, DISCONTINUANCE OF SERVICE; PROVIDING
HYDRANT SERVICE; PROVIDING CONNECTIONS WITH WATER AND
SEWER REQUIRED; PROVIDING EXCEPTIONS TO CONNECTIONS;
PROVIDING CONNECTIONS MAY BE MADE BY COUNTY; PRO-
HIBITING UNLAWFUL CONNECTIONS; PROVIDING FAILURE TO
MAINTAIN PLUMBING SYSTEM; PROVIDING UNPAID FEES TO
CONSTITUTE LIEN; PROVIDING NO FREE SERVICE; PROVIDING
SEPARATE CONNECTIONS FOR EACH SEPARATE UNIT; REPEALING
ORDINANCE NOS. 86-35, 85-82, 85-59, 85-50, 85-48,
82-65, 78-9, 77-30, AND 77-5 WHICH RELATED TO MONTHLY
WATER AND SEWER RATES, FEES AND CHARGES~ PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY,
AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUN~"f
WATER-SEWER DI STRICT ~
Section One~ Definitions
"Equivalent Dwelling Unit" shall mean a living accommodation
for a single family, whether a single family residence or a
residence in a multifamily building, or nonresidential facilities
using equivalent water consumption to a'living unit.
"Flat Rate - Availability Charge" shall mean a monthly
charge per dwelling unit or equivalent dwelling unit with no
usage included.
Section Two~ Monthly Rates~ Fees ~d Charqes
Monthly user rates for water and/or sewer services to be
charged by the Collier County Water-Sewer District shall be as
follows:
A. Water
1) Flat Rate - Availability Charge
(a) Single Family Residence
(b) Multi-Family Residence
Duplex Residence
Rental Apartments or
Condomini~
(c) Business ar.A Institutions
$13.94/unit
$27.88/un~=
$13.94/unit
$13.94/unit
2)
Water Usage - All classes of
service $ 1.24/1000
Gallons Or Part Thereof
Sewer
1~ Residential
Single family residences, multi-family
residences, apartment residences, mobile
home residences~
Each one bath living unit $ 9.98
Each additional bath per
living unit $ 2.22
2} Non-Residential
Each facility shall be billed based upon
the total of the following units contained
therein.
(a)
(b)
Hotel, motel and trailer rental
units~ Each unit $ 4.88
Commercial, office, institu-
tional and industrial toilet
units (not to include industrial
waste): $17.74
(c) Commercial and coin laundry
washer units:
Each washer unit $ 8.87
(d) Restaurant and Lounge seat-
ing units:
Each seating unit $ 1.55
Section ~hree: Application For Service
A. To obtain service, application must be made at the
office of the County. Applications are accepted by the County
with the understanding that there is no obligation on the part of
the County to render service other than that which is then
available from its existing facilities.
B. The applicant shall furnish to the County the correct
name, street address and legal description at which service is to
be rendered at the time of the application for service. Ail
system development charges, connection and tap-in fees, end any
other fees, rates and charges as established by the Board of
County Commis~ioners shall be paid in full at the time of
application for service.
C. Utility service is furnished only upon signed applica-
tion of the customer, accepted by the County, and the conditions
of such application or agreement are binding upon the customer as
well as the County. A copy of each application or agreement for
utility service accepted by the County will be furnished to the
applicent.
D. Application for service requested by firms, partner-
ships, associations, corporations and others, shall be tendered
only by duly authorized parties. When service is rendered under
agreement or agreements entered into between the County and an
agent of the principal, the use of such Service by the principal
shall constitute full and complete ratification by the principal
of the agreement or agreements entered into between agent and the
County under which such' service is rendered. A tenant of
property shall not be construed to be an agent.
E. Where the water or sewer main is reasonably accessible
to render service, 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 County.
F. The County may withhold or discontinue service rendered'
under application made by any of the immediate family household,
agent of an organization or business unless all prior indebted-
ness to the County of such family, household, organization or
business for utility service has been settled in full. Service
may be withheld for non-payment of bills or non-compliance with
rules &%%d regulations in connection with same or different class
of service furnished to the same consumer at the same premises,
or for non-payment of bills for service by a previous occupant of
the premises, provided such previous occupant will receive
benefit from rendering or continuation of such service.
Section Four: Limitation Of Use! Continuity Of Service
A. Service purchased from the County shall be used by the
consumer only for the purposes specified in the application for
service, and the consumer shall not sell or otherwise dispose of
such service supplied by the County. Water service furnished to
the customer shall be rendered directly to the consumer through
the County's individual meter, and under no circumstances shall
the consumer or consumer's agent or any other individual,
association or corporation install equipment for the nurpose of
disposing of said water service. In no case shall a consumer,
except with the written consent had and obtained from the County,
extend his 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
be owned by him. In such case of such unauthorized extension,
sale or disposition of service, customer'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 County for
all extra exp~.nses incurred for clerical work, testing and
inspections.
4
B. The County will at all times use reasonable diligence to
provide continuous service, and having used reasonable diligence
shall not be liable to the customer for failure or interruption
of continuous water service. The County shall not be liable for
any act or omission caused directly or indirectly by strikes,
labor troubles, accident, litigation, breakdowns, shutdowns for
emergency repairs, or adjustment, acts of sabotage, enemies of
United States, wars, United States, state, municipal or other
governmental interference, acts of God or other causes beyond its
control.
C. Customers shall maintain their own lines from the water
meter, and all loss of water through breaks or leakage to the
premises will be paid by the customer.
Section Five: Meters~ Tapping Charges
A. Meter tapping charges shall be as follows:
Meter Meter
Size Tapping Charge
5/8" $200.00
3/4" 220.00
1" 270.00
i 1/4' 315.00
i 1/2" 365.00
2" 500.00
B. For meters larger than two (2) inches, the tapping
charge shall be based on the cost of the meter. The materials
and labor costs for the installation shall be paid by the
developer or property owner at no expense to the County.
C. All necessary meters will be furnished by the County and
shall remain the property of the County.
D. Meters must be left accessible .to County employees at
all times.
E. When any customer, who has a water meter, makes
application to the Utility Division for the installation of a
larger meter to replace his smaller meter, he shall be given
credit for the tapping charges paid on the smaller meter in
accordance with the above schedule. There shall be no refunds or
credits given to any customer requesting a smaller meter.
Section Six= Customer's Liability For Damage To Equipment
The customer is liable to the County for any damage done to
the equipment used in his service, except damage done by County .
employees.
&
Section Seven= Water Deposits
A. All persons desiring water connections with the water
mains of the County shall, upon making application therefor,
deposit with the County a minimum of forty dollars ($40.00) for
each five-eighth's (5/8) and three-quarter (3/4) inch size meter.
Deposits for a'll other sizes are herein established as set forth.
No meter shall be installed and connections la,de with the
waterworks without the receipt of such deposit.
B. Application for water service must be made to the County
Utility Division and the following minimum guarantee of payment
deposit shall be required upon application. In the event that a
customer is disconnected for failure to pay any water bill on a
timely basis and the deposit is fotLnd to be inadequate to cover
the outstanding balance due the County, the Utility Director
shallz 1) require payment in full of all balances outstanding,
and 2) require a new deposit in the maximum amount equal to the
estimated cost of three months consumption prior to reconnecting
the customer.
Application for water service will not be accepted without
specified deposit.
5/8' x 3/4' service ......................... $ 40.00
3/4" service ................................ 40.00
1" service .................................. 60.00
I 1/4" service .............................. 60.00
I 1/2" service .............................. 60.00
2" service .................................. 60.00
3", 4", 6", 8", 10", 12" service ............ 100.00
Construction service blanket deposit ........ 50.00
Fire hydrant service ........................ 75.00
C. Deposits shall be refunded upon final reading and
discontinuance of service from the County Water System. The
County reserves the right to deduct final billing or any accrued
indebtedness from said deposit, and the balance, if any, shall be
refunded to the depositor. Each residence or place of business
024 282
shall be considered a separate service and a deposit shall be
required for each separate service.
Section Eights Sewer Deposits
A. A deposit amount, to guarantee payment of sewer service
bills, based on the type of connection, is hereby adopted by the
District as follows:
1) RESIDENTIAL
Single family residences only. ~ 40.00
2) COMMERCIAL
Any commercial, industrial and institutional
enterprise, including but not lim£ted to
sanitarium, domiciliary houses, resident school,
hotels, motels, apartment houses, condominiums,
rooming houses, offices, stores, restaurants,
warehouses, repair shops, churches, schools and
other facilities which hold themselves out to the
public as places of business. $100.00
3) No person shall receive sewer service from the
District until such person has made application
for service and paid all fees due prior to
connection to District facilities, including the
deposit specified above. Failure to pay a sewer
service bill when due shall result in the deposit
being applied to the outstanding balance due for
such service in addition to all other remedies
provided by law.
B. Deposlts shall be refunded only upon transfer of the
connected property from one owner to another owner. The county
reserves the right to deduct any final billing or any accrued
indebtedness from said deposit, and the balance, if any, shall be
refunded to the depositor. Each residence or place of busine,s
shall be considered a separate service, and a deposit shall be
required for each separate service.
Section Nine: Owner's Responsibility For Water Service~ Bad Debts
A. The otmer of property is responsible for all water
service to property. In the event service is discontinued for
non-payment, service will be restored only after c~stomer has
fully complied with provisions of Section Ten of this Ordinance.
The owner of property under construction must notify the Utility
Division that contractor is responsible for water bills, while
construction is in progress.
B. Bad debts will be taken off the books and the name and
amount due filed in a bad debt file. In the event water service
is requested in the future, this back debt must be paid before
water service will be furnished.
Section Ten: Dates Bills Due and Delinquent~ Discon~i.nuance Of
Service For Non-Payment~ Reinstatement Following
Discontinued Service
A. Bills are due when rendered and delinquent fifteen days
thereafter. Service may be cut off when delinquent for non-
payment of bills.
B. When service has been cut off or discontinued from
applicant's premises for non-payment of current bills, service
will be renewed upon prompt payment of unpaid bills, a deposit in
amount herein specified for new connections plus a twenty dollar
($20.00) service fee for reinstatement, provided however, the
settlement in full is made on or before fifteen (15) days from
date pf the di~continuance of such service.
C. If service to applicant's premises be discontinued for
more than fifteen (15) days by request, or otherwise, street cock
will then be turned off and meter removed from premises. Should
applicant, at a later date, request renewal of service for said
premises, this will be done upon full payment of all due bills
against service at time of discontinuance, a deposit in amount
herein specified for new connections, and a reinstallation charge
for thirty-five dollars ($35.00}. New applicants must pay
thirty-five ($35.00) to have service restored.
D. Billing shall begin upon registration of water on meter,
or after ninety (90) days from date of application, whichever
occurs first.
E. Application shall be made to the Utility Division for
the addition of any living units connected to the water service
lines if the units have not been included on previous applica-
tions. For violation of this Section the water service may be
discontinued.
F. A fee of five dollars ($5.00) shall be charged for all
new water service accounts to reimburse the County for estab-
lishing billing and accounting records. Changes in location of
meters made at the request of a customer will be charged at cost
,oo, 02&,, 284
of labor and materials and is payable in advance.
Section Eleven: Payment When Meter Becomes Defective~ Right Of
Entry Of Authorized A~ents Or Employees
A. Should the meter on any premises become defective, so
that th~ amount delivered for the current month cannot be
ascertained, the customer or occupant of the premises shall pay
for that month the amount equal to the average amount charged for
the four (4) months preceding.
B. Duly authorized agents and employees shall during
daylight hours or if called out after dark for emergency service
have free access to any premises for the purpose of examining the
condition of fixtures, service pipe installation and such other
purposes as may be proper to protect the interests of the County
or reading or repairing the water meters located thereon, or
turning the supply of such water to the premises off or on.
Section Twelve: Water Bill Complaints
No high water bill complaints shall be accepted for
investigation by the Utility Division unless all p~mbing
fixtures, piping and outlets have been examined by a licensed
plumber who had certified that there are no leaks. If an
investigation is made by the water department and the findings
reveal the initial meter reading was accurate and the meter is
functioning properly, a re-read charge of five dollars ($5.00)
will be assessed the complaining party.
Section Thirteen: Each Residence And Place Of Business
Considered Separate Service
Every separate residence using County water shall be
considered a separate service and shall be charged not less than
the minimum charge.
Section Fourteen: Meters~ Location And Charge For Movinq
Meters shall be placed Just within the property line at the
nearest point to the tap-in main. If moved at the request of the
property owner, a charge of cost plus ten percent shall be made
for the expense of moving.
Section Fifteen: Inactive Accounts~ Notice~ Forfeiture Of Deposit
The Utility Director shall certify to the governing board a
0 4, 285
list of all water accounts that are not delinquent but which are
inactive and have been inactive for a period of not nors then six
(6) months and have remained inactive for an additional period of.
thirty (30) days after written notice has been served upon the
person or persons, or firms, in whose name said account is kept
to the effect that unless they write or telephone, or appear in
person at the County Utility Division and request a closing out
of their account and a return to them of the balance of their
deposit, their account will be closed and whatever deposit
remains will be forfeited to the County. Thereafter no depositor
shall have any rights or claim to such deposit after forfeiting
of any deposit balance to the County.
It is the express intent of this Section that such deposit
shall not be forfeited to the County until a period of thirty
(30) days has elapsed from the date the written notice was sent
to the last name and last address on the particular account!
however, the fact that such written notice is never received by
that particular person or persons, or firm, because of the fact
that they may have moved or the insufficiency of the address that
they furnished or any other person shall be of no importance and
the County shall still be entitled to declare a forfeiture of
their deposit provided the written notice was actually mailed to
the last name and address given on the account.
Section Sixteen: Hydrant Service
A. Fire hydrant rentals which are connected to the Collier
County Water Utility System shall be ten dollars ($10.00) per
year per hydrant installed. When water is sold direct from
hydrant, the minimum charge shall be ten dollars ($10.00) per ten
thousand (10,000) gallons or less, all above, at one dollar
($1.00) per thousand (1,000) gallons.
B. Charges for fire line or fire sprinkler service in
buildings conne.=ted to the Collier County Water Utility System
shall be ten dollars ($10.00) per year.
Section Seventeen: Connections With Water And Sewer Required
The owner of each lot or parcel of land within the County
Water-Sewer District, upon which lot or parcel of land any
improvement is now situated or shall hereafter be situated, shall
connect or cause such improvement to be connected with the public
water and sewex facilities of the County and use such facilities .
within ninety (90) days following notification so to do by the
County. Ail such connections shall be made in accordance with
rules and regulations which may be adopted from time to time by
the County, which rules and regulations shall provide for a
charge for making any such connection in such reasonable amount
as such Board of County Commissioners may fix and determine. No
connection or connections shall be required where said water or
sewer system or line is more than two hundred (200) feet from
such improvement.
Section Eighteen: Exceptions To Connections
This Ordinance shall not be construed to require or entitle
any person to cross the private property of another to make any
such water or sewer connection.
Section Nineteen= Connections May Be Made By County
If any such owner of any lot or parcel of land within the
District shall fail and refuse to connect with aha use the
facilities of the water or sewer system of the County after
notification, as provided herein, then the District shall be
authorized to make such connections, entering on or upon any such
lot or parcel of land for the purpose of making such connectio.,.
The County shall thereupon be entitled to recover the cost 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 County
shall ha'~e a lien on such lot or parcel of land 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.
Section Twenty= Unlawful Connection Prohibited
No person shall be allowed to connect into any water or
sewer line owned by the County without the written consent of the
County, and then the connection with such line shall be made only
under the direction and supervision of the County. Any property.
owner or plumber who shall make any connection without such
consent of the County shall, upon conviction be subject to the
penalties hereinafter provided.
Section Twenty-Ones Failure To Maintain Plumbing System
The owner of the property shall be responsible for
maintaining and keeping clean the sewer pipes leading and
connecting from the plumbing system to the County's main
sewers, and failure to keep the sewer pipe, i.e. the pipe leading
from the plumbing system to the sewer main, clean and maintained
in a proper manner shall be subject to the penalties hereinafter
provided.
Saction Twenty-Two~ Unpaid Fees To Constitute Lien
In the event that the fees, rates or charges for the
services and facilities of any water or sewer system shall not be
paid as and wh(~n due, any unpaid balance thereof and all interest
accruing thereon shall be a lien on any parcel or property
affected thereby. Such liens shall be superior and paramount to
the interest on such p~rcel or pzoperty of any owner, lessee,
tenant, mortgagee or other person except the lien of county taxes
and shall be on a parity with the lien of any such county tax~s.
In the event that any such service charge 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 County
in a civil action, and any such lien and accrued interest may be
foreclosed or otherwise enforced by the County by action or
suit in equity as for the foreclosure of a mortgage on real
property.
Section Twenty-Three: No Free Service
No water or sewage disposal service shall be furnished or
rendered free of charge to any person, firm or corporation
whatsoever, and the County and each and every agency, department
or instrumentality which uses such service shall pay therefor at
the rates fixed by this Ordinance.
Sectton Twenty-Four~ Separate Connections For Each Separate Unit.
Each residential unit whether occupying one or more lots and
'whether it sha~l occupy any lot or parcel jointly with any other
residential unit shall be considered a separate unit for the
payment of the water and sewage disposal rates and charges, and
separate connections will be required for each of such units.
Section Twenty-Five= Repeal Of Ordinance Nos. 86-35~ 85-82t
85-59t 85-50~ 85-48~ 82-65~ 78-9~ 77-30
And 77-5
Ordinances 86-35, 85-82, 85-59, 85-50, 85-48, 82-65, 78-9,
7?-30 and 77-5 which related to monthly water and sewer rates,
fees and charges are hereby repealed.
Section Twenty-Six: Conflict and Severability
In the e,~ent this Ordinance conflicts with any other
ordinance of Collier county or other applicable law, the more
restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of
competent Jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holdtng shall not
affect the validity of the remaining portion.
Section Twenty-Seven: Effective Date
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State.
DATED= September 23, 1986
ATTEST=
JAMEB~C../.,ILES, Clerk
' ~ ~ .:,14 ~."~: ,-'~
. ,.. ,~;~, ~ :,~
......... ..
p~r~ ed as to for~ and
legal suf~lciency~
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA AS THE
GOVERNING BODY OF COLLIER COUNTY
AND AS EX-OFFICIO T~E GOVERNING
BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT
/JO~.~A~.. PISTOR, Chairman
STATE OF FLORIDA )
COUNTY OF COLLIER )
X, SAME$ C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier Cov~nt¥, Florida, do
hereby certify that the foregoing is a true original of
ORDINANCE NO. 86-6?
that was adopted by the Board of County Commissioners , am
the Ex-Officio Governing Board of the Collier county water-
Sewer District, during Regular Session on the 23rd day of
September, 1986.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 23rd say of
September, 2986.
JAMES C. GILES
Clerk of Courts and Clerk
Ex-officio to the Govsr~ing
Board of the Collier County
Water-Sewer District
Virgil(ia Magri,
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