Ordinance 2001-073THE
COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING,
OPERATING AND REGULATORY STANDARDS ORDINANCE
ORDINANCE NO. 2001 - 73
COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM
BILLING, OPERATING AND REGULATORY STANDARDS
ORDINANCE; ESTABLISHING REVISED RATES, FEES, CHARGES
AND REGULATIONS; PROVISIONS APPLICABLE TO THE CITY OF
NAPLES SERVICE AREA; APPENDING SIX APPENDICES FOR
RATES, FEES AND CHARGES; PENALTIES; CONFIDENTIALITY,
PUBLIC RECORDS LAW; DECLARATION OF EXCLUSION FROM
THE ADMINISTRATIVE PROCEDURES ACT; REPEALING
COLLIER COUNTY ORDINANCE NO. 97-48, AS AMENDED BY
ORDINANCE NO. 98-55, BY ORDINANCE NO. 2000-34, AND BY
ORDINANCE NO. 2001-18; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION INTO THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES;
PROVIDING AN EFFECTIVE DATE
WHEREAS, the original Collier County Water-Sewer District, also known as
the County Water-Sewer District of Collier County, 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 Goodland Water District was created in accordance
Chapter 153, Part II, Florida Statutes in April, 1980; and
WHEREAS, Chapter 88-499, Laws of Florida, reestablished the District and
provided the reestablished District succeeded to all rights duties, powers, jurisdictions,
obligations, responsibilities and interests of both Districts created under Chapter 153,
Part II, Florida Statutes; and
WHEREAS, Chapter 88-499, Laws of Florida and any modifications thereto
have been codified in the Code of Laws and Ordinances of Collier County, Florida as
Sections 262-631 through 262-653; and
WHEREAS, Sections 262-631 through 262-653 of the Collier County
Codification is included in part and in whole, including any subsequent amendments
thereto, as an attachment to the Ordinance; and
WHEREAS, the Board of County Commissioners of Collier County, Florida is
the Ex-officio governing Board of the District; and
WHEREAS, uniform billing operating and regulatory standards,
procedures and fee schedules, are in the best interest of the District and
residents; and
WHEREAS, this Ordinance establishes uniform billing operating and
regulatory standards, procedures and fee schedules to enable the more efficient
administration of district services; and
WHEREAS, Collier County has adopted several ordinances which apply to the
provision of utility services by the District and other private water and sewer utility
systems; and
WHEREAS, the combination of these ordinances into a single comprehensive
ordinance will provide a simplified and more efficient mechanism for water and sewer
utility systems and for the residents of Collier County to understand the regulations
applicable to water and sewer utilities, and
WHEREAS, this Ordinance is partially intended to be a codification of existing
County ordinances into a single comprehensive ordinance; and
WHEREAS, this codification is not intended to revoke or rescind any actions
previously taken by the District. The district shall be treated as if it has always been in
continuous existence from the date it was originally established.
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. 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 single-family residential connection. It is used as a factor to
convert a given average daily water or wastewater requirement to the
equivalent number of single-family residential connections.
C. "Service Availability Charge" shall mean a monthly charge per dwelling unit
or equivalent dwelling unit for residential and non-residential users with no
usage included.
D. "Goodland" The Goodland service area is classified as a Subdistrict of thc
Collier County Water-Sewer District as the service is dependent on a bulk
purchase with a private entity and therefore has a rate structure that is
different from the major District rate structure.
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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.
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.
G. "Use" The term "Use" with respect to "Water Use" on the District's water
system, which is a potable water system, shall mean the sole utilization of
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 backflow
prevention device and a physical separation fi.om 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.
Monthly Rates, Fees and Charges.
Monthly rates, fees and charges for water, sewer, or effluent irrigation, and fire
meter services provided by or made available by the District shall be sufficient to
recover system operation, maintenance, renewal enhancement, replacement and
debt service costs 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 boundaries of the
Collier County Water-Sewer District shall pay the rates, fees and charges for
service provided by the Collier County Water-Sewer District in accordance
with Appendix A - Schedule 1.
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B. Monthly user fees for the Goodland Water Subdistrict.
The rates for service to residential and non-residential properties within the
Goodland Water Subdistrict shall be in accordance with Appendix A -
Schedule 2.
C. Monthly User Fees for effluent irrigation usage in the District shall be in
accordance with Appendix A - Schedule 3.
Except in cases where a written agreement between the District and the
property owner establishes a minimum gallonage monthly effluent rate that
cannot be changed unilaterally by the District, all golf course and other bulk
sales of effluent shall be sold and billed in accordance with this section.
D. Accounts and Bill Delivery Addresses
1. Accounts shall be established in the name of the property owner.
2. Monthly bills will be sent to the address requested in the service
application.
3. Changes of address lbr billing purposes must be approved by the
property owner. Approval can be by letter, District change of address
form or by e-mail.
4. Duplicate bills may be requested by letter or District change of address
form/or e-mail.
5. A duplicate bill processing fee (Appendix A Schedule 6) will be placed
on the account for billing purposes.
E. Methods of Payment
1. Cash, check, direct debit and/or credit card (when available), and
electronic transfer are available methods to pay monthly bills.
2. Cash, check and credit card payments may be made at the billing office
address.
3. Check payments can be made through the U S Mail to the lockbox
facility in the envelope provided with the bill to the P O Box.
4.Credit card payments (when available) can be made telephonically.
5. Direct debit payments are available. Requires processing of a Direct
Debit Approval form.
6. Non-Sufficient Funds (NSF) checks returned by the District bank or
banks will not be reprocessed for payment. The amount of the NSF
check plus an appropriate NSF charge (Appendix A - Schedule 6) and
1.3
where applicable any other fees and charges will be placed on the
account for rebilling.
District Rates, Fees and Charges other than Monthly User Fees.
A. Meter installation charges for meters and tbr backflow devices two inches
(2") or smaller in size am to be paid to the District in accordance with
Appendix A Schedule 4.
The fees in this subsection are based upon meter installation costs for a
typical single family residential street.
1. All meters two inches (2") or smaller will be installed by the District and
shall remain the property of the District.
2. For meters larger than two (2) inches, the materials and labor for
installation of such meters shall be furnished by the developer 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 must be left accessible to District employees at all times.
Dangerous and/or dense underbrush will be trimmed to a "margin of
safety" by District employees.
4. When any property owner, who has a water meter, makes application to
the District for the installation of a larger meter to replace a smaller
meter, and such installation is approved, a tapping fee for the larger
meter is required and no credit shall be given for tapping charges paid on
the smaller meter. The difference in impact fees between the smaller
meter and the larger meter must be paid before a work order will be
issued for the installation of the larger meter. There shall be no refunds
or credits of tapping fees or impact fees given to any property owner
requesting a smaller meter.
B. Temporary Meters.
1. Temporary meters 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 5.
2. The temporary meter monthly charge for service shall be based upon the
non-residential monthly availability and volume charges.
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3. A work order for the installation of a temporary meter will be issued
upon receipt of an executed Temporary Meter Application.
4. A refundable temporary meter deposit (Appendix A - Schedule 6) must
be paid concurrently with the Temporary Meter Application. The
deposit may be used to offset costs for repair and/or replacement to
District assets. If damages and repair costs are greater than the deposit,
the applicant will be invoiced for the remainder.
C. District rates, fees, and charges other than monthly user fees, meter tapping
fees, time and material fees, temporary meter fees, impact fees, industrial
sewer use fees, backflow prevention service fees and development/permitting
related fees. The rates, fees and charges established by this section 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.
1. New Accounts Change of Ownership
2. Turn-off/turn-on at Owner's Request
3. Meter Re-read
4. Meter Test
5. Meter Lock
6. Unlock After Hours
7. Meter Removal
8. Illegal Connection
9. Credit Card Handling Charge
10. Temporary Meter Deposit
11. Duplicate Processing Fee
12. Non-Sufficient Funds (NSF) Processing Charge
13. Late Payment Charge
D. Late payments for monthly user fees are subject to a late payment charge
(Appendix A - Schedule 6) 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.
1.4
F. Reasonable pay plan arrangements may be used at the discretion of the
District for delinquent accounts. All pay plan arrangements must provide for
the tull and timely payment of thture consumption.
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 was approved in updated form on January 3, 2001.
2. Debit and credit adjustments identified in documented and approved
procedures shall be approved by the Public Utilities Division
Administrator or designee before processing.
3. 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.
H. Refund of Credit Balances/Final Bills
1. Refunds of credit balances for a continuing account shall be processed
and forwarded to Finance for disbursement on a weekly basis.
2. Refunds of credit balances as a result of final bills shall be processed and
forwarded to Finance for disbursement on a monthly basis.
3. In no event, shall refunds be processed for credit balances which are less
than $5.00.
4.In no event, shall final bills less than $5.00 be processed and mailed.
District Regulation.
A. Application For Service.
1. To obtain service, application must be made at the office(s) of the
District. 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.
2. Utility Service is furnished only upon signed application 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
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copy of each application or agreement for utility service accepted by the
District will be furnished to the property owner.
3. The applicant shall furnish to the District the correct name, street address
and legal description at which service is to be rendered at the time of the
application for service. All system development charges, impact fees,
connection and installation fees, and any other fees, rates and charges
established by the District shall be paid in full at the time of application
for service.
4. Application for service requested by firms, partnerships, associations,
corporations and others, shall be tendered only by duly authorized
individuals. 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 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
District.
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.
Limitation of Use, Continuity of Service
1. Unless authorized by the District, water and/or sewer 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
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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 owner 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 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 God or other causes beyond its
control.
3. Property Owners shall maintain that portion of the water lines on their
property located beyond the District service connection, and all loss of
water through breaks or leakage to the premises will be 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
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providing service to the property owner, except damage done by District
employees.
D. Security Deposits on Water Account.
Security deposits normally are not required on District customer accounts for
water service. However, the District may require a deposit equivalent to 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.
E. Security Deposits on Sewer Accounts.
Security deposits are normally not required on District customer accounts for
sewer service. However, the District may require a deposit equivalent to 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 will be returned after six (6) months of timely payments.
F. Property Owner's Responsibility for Water Service; Bad Debts.
1. The property owner is responsible for all water, and/or sewer service
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 G.2 and G.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 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.
G. Dates Bills Due and Delinquent; Discontinuance of Service for Non-
Payment; Reinstatement Following Discontinued Service.
1. Bills for service are due by the date set forth on the bill from the District
and are delinquent thereafter. Service will be discontinued when
delinquent for non- payment of bills.
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2. When service has been discontinued for non-payment of bills, service
will be renewed upon payment of all unpaid bills, plus a shut-off lock
fee and a late payment fee (Appendix A - Schedule 6).
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. Should the property owner request renewal of service for
the property, service will be restored upon full payment of: 1) all past
due bills plus a late payment fee where applicable, and (2) a meter
removal fee (Appendix A - Schedule 6).
4. If service has been discontinued for nonpayment of bills and an illegal
water connection is made, service will be renewed upon payment of all
unpaid bills, time and material costs to remove the illegal connection, the
cost of the estimated amount of water consumption loss, plus a $300 fine
(Appendix A Schedule 6).
5. Billing for potable water service or effluent irrigation service shall begin
upon registration of consumption on the meter, or ninety (90) days from
date of meter installation, whichever occurs first. Billing for sewer
service shall commence upon the issuance of a certificate of occupancy
or ninety (90) days following the issuance of a notice to connect to the
sewer system, whichever occurs first.
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. For
violation of this Section, the District's service may be discontinued.
H. Billing Payment When Meter Becomes Defective; Right of Entry Of
Authorized Agents Or Employees.
1. Should the meter on any premises become defective, so that the amount
delivered for the current month cannot be ascertained, the property
owner shall pay for that month an amount equal to the average amount
charged for the four (4) preceding months unless the actual amount of
water can be determined.
2. Duly authorized agents and employees of the District shall, during
daylight hours or if called out after dark for emergency service, have
access to any property for the purpose of examining the condition of
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fixture, service pipe installation and such other purposes as may be
proper to protect the interest of the District, reading or repairing the
water meters located thereon, or turning the supply of such water service
to the premises off or on.
I. 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 re-read
charge (Appendix A Schedule 6) will be assessed against the property
owner. The property owner shall be charged (Appendix A - Schedule 6) for
meter tests which show the meter is functioning properly.
J. Meters, Location And Charge For Moving.
Meters shall be placed when possible just within the property line at the
properly comer at the nearest point to the tap-in main. Ifa meter is moved at
the request of the property owner, the property owner shall pay a fee equal to
the District's cost in accordance with Appendix A - Schedule 5.
K. Connections With Water And Sewer Required.
The owner of each lot or parcel of land 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 usage and shall be connected within ninety (90) days following
notification to do so by the District. Connection to the reuse system shall
only be required if the development order and/or property purchase
agreements require such connection. All such 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
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shall be required where the water or sewer system or line is more than two
hundred (200) feet from such property line.
L. Exceptions To Connections.
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 water
and/or sewer service.
M. Connections May Be Made By District.
If any property owner of any lot or parcel of land within the District shall fail
or refuse to connect to and use the 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 5) 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.
N. Unlawful Connection Prohibited.
No person shall be allowed to connect into any water or sewer line owned by
the district 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 shall make any connection without such
consent of the County shall, upon conviction be subject to the penalties
hereinafter provided.
O. Failure To Maintain Plumbing System.
The property owner shall be responsible for maintaining and keeping free
from obstruction the water and sewer pipes leading to and connecting from
the plumbing system to the District's water and sewers mains, and failure to
keep the water and sewer pipes, free from obstructions and maintained in a
proper manner.
P. Unpaid Fees To Constitute A Lien.
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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 when due, any unpaid
balance thereof and all interest 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 attomeys 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 water or sewage disposal 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.
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 rates and charges, and separate connections will
be required for each of such dwelling units.
SECTION TWO - Submetering
2.1 A landlord who is a customer of the District and who provides 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 and/or
sewer service:
A. A landlord may apportion the monthly charge for District 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 and/or sewer service; or
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2.2
2.3
B. A landlord may install submeters for each rental unit to track each unit's
usage of water service and then charge each unit according to its exact usage.
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 through the master meter and shall not pass on to
his tenants any of the capital or administrative cost incurred in the
installation and monitoring of the submeters or the billing of tenants for their
water and/or sewer service usage; or,
C. A landlord may also provide 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 and/or sewer service from his tenants.
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
1.4, paragraph B above, shall not begin monitoring a rental unit's water usage for
the purposes of charging a unit according to its actual water usage 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 according to its exact water usage. Such disclosure shall
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.
Upon a tenant's written request, any landlord who exercises his privilege to
recover his actual cost for county water and/or sewer service shall provide to the
tenant documentation of the landlord's actual cost for District 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 and/or sewer service. Such documentation
and written explanation shall be provided within five (5) business days from
receipt of the written request.
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2.4 Furthermore, upon dispute of a water bill by a tenant in person, in writing, by
telephone, or in any other manner, a landlord shall, within five (5) business days
of 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
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 the accuracy standards as currently met
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;
E. The landlord shall, upon receiving a low pressure complaint, check and test
the system to ensure proper operation:
16
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 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 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 that is a customer of the District and provides
water and/or sewer service to condominium 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 directly related
administrative or capital expenses incurred in recovering that cost. Upon a
member's written request, any condominium association 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 service and directly
related administrative and capital expenses incurred in recovering that cost shall
provide to the member documentation for the condominium association's actual
cost for District water and/or sewer service as well as documentation and a
written explanation of the basis for any costs charged to the member for water
service. Such documentation and written explanation shall be provided with five
(5) business days from receipt of the written request. The provision of water
service through a single master water meter by a condominium association 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.
2.8 Any landlord or condominium association that elects to install submeters shall
not charge a security deposit.
17
SECTION THREE - City of Naples Service Area.
3.1 No extension of existing distribution water mains of the water system of the City
of Naples may be made within the Collier County Water-Sewer 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 Collier County.
3.4 The City of Naples Water Service Area Boundaries are as follows:
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 along the easterly City limit line 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 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 of Thomasson Drive
to its intersection with the range line lying 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 comer 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 - 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 6; inclusive, appended hereto as Appendix A, which shall be
imposed upon all users of the Collier County Water-Sewer District services within the
District boundaries and outside the District boundaries subject to appropriate mutual
agreements. These rates, fees, and charges may be changed from time to time by
Resolutions of the Board of County Commissioners as Ex-officio Board of the Collier
County Water-Sewer District, provided the Board holds an advertised public hearing
with regard to the Schedule amendments.
18
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 in the Circuit Court of
Collier County.
SECTION SlX - Confidentiality
6.1 Confidential Information
A. In£ormation 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 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.
SECTION SEVEN - Declaration of Exclasion from the Administrator Procedures
Act
The Collier County Water-Sewer District Board shall exercise jurisdiction over
the provision of water and sewer services within the boundaries as hereinafter provided
for, and shall be exempt from the provisions of chapter 120, Florida Statutes. No
privately-owned water or sewer utility shall be abandoned without adequate provision
for continuance of service and the prior approval of the Board.
SECTION EIGHT - Repeal of Four Ordinances~
Collier County Ordinance Numbers 97-48, as amended by 98-55, as amended
by No. 2000-34, and as amended No. 2001-18 are hereby repealed and superseded in
their entirety by this Article.
19
SECTION NINE- Conflict and Severabilit¥
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 TEN - 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 ELEVEN - Effective Date.
This Ordinance shall become effective upon being filed with the Department of
State, but the revised rates shall not go into effect until April 1, 2002.
PASSED AND DULY adopted by the Board of County Commissioners as Ex-
officio Board of the Collier County Water-Sewer District this l/°~- day of
2ool.
..3,~.TTEST. . ~ ~
' ;,j Dwight E- II.¢oclc,.C~rk
Depu~ Clerk
Approved as to form and
legal sufficiency:
Thomas C. Palmer,
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AS
EX-OFFICIO BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
By: ~"~ ~ _~~
kN'?- ..... :..'5;%*
~is ordinance filed with the
Seg~to~ f ' '
O: ~ote's 9fi,ce ,hr,
fili~ received this ~ dau
20
COLLIER COUNTY WATER-SEWER DISTRICT
UNIFORM OPERATION AND REGULATORY STANDARDS
APPENDIX A - SCHEDULE 1
Water, Sewer, Effluent, and Fire Meter Rates
Water
(a) Service Availability Charge for Individually Metered Residential, Non-Residential and Irrigation:
5/8 inch meter
3/4 inch meter
1 inch meter
1 '¼ inch meter
1 ½ inch meter
2 inch meter
$12.00 per month
$ 12.00 per month
$ 26.40 per month
$ 33.60 per month
$ 50.40 per month
$ 79.20 per month
3 inch meter'
4 inch meter~
6 inch meter~
8 inch meter'
10 inch meter'
12 inch meter'
$ 146.40 per month
$ 242.40 per month
$ 482.40 per month
$ 770.40 per month
$1,394.40 per month
$ 1,883.40 per month
(b) Volume Charge Per 1,000 Gallons:
(i) Individually Metered Residential, Non-Residential and Multi-Family Residential.
Block I $ 1.44
Block 2 $ 1.80
Block 3 $ 2.40
Block 4 $ 3.05
Block 5 $ 3.65
Block 6 $ 4.45
BLOCK RATESTRUCTURE
Meter Size Block 1 Block 2 Block 3 Block 4 Block 5 Block 6
5/8" 5,000 10,000 20,000 30,000 50,000 50,000
¼" 5,000 10,000 20,000 30,000 50,000 50,000
1" 12,000 25,000 50,000 75,000 120,000 120,000
1-1/4" 20,000 40,000 80,000 120,000 200,000 200,000
1-1/2" 25,000 50,000 100,000 150,000 250,000 250,000
2" 40,000 80,000 160,000 240,000 400,000 400,000
3" 80,000 160,000 320,000 480,000 800,000 800,000
4" 120,000 250,000 500,000 800,000 1,200,000 1,200,000
6" 250,000 500,000 1,000,000 1,500,000 2,500,000 2,500,000
8" 450,000 900,000 1,800,000 2,700,000 4,500,000 4,500,000
10" 700,000 1,450,000 2,900,000 4,300,000 7,000,000 7,000,000
12" 1,075,000 2,150,000 4,300,000 6,450,000 11,000,000 11,000,000
Sewer
(a) Sewer Availability Charge for Individually Metered Residential, Non-Residential, and Multi-Family:
5/8 inch meter
3/4 inch meter
1 inch meter
1 ~A inch meter
1 ½ inch meter
2 inch meter
$ 18.00per month
$ 18.00 per month
$ 40.95 per month
$ 52.45 per month
$ 79.20 per month
$125.10 per month
3 inch meter'
4 inch meter'
6 inch meter'
8 inch meter'
10 inch meter'
12 inch meter'
$ 232.20 per month
$ 385.20 per month
$ 767.70 per month
$ 1,226.70 per month
$ 2,199.40 per month
$ 3,259.90 per month
(b) Volume Charge per 1,000 gallons:
(i) Meter Usage $2.22
(ii) Individually Metered Residential Maximum: The maximum volumetric charge for individually
metered residential property shall be 15,000 gallons per month.
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 registered for three consecutive billing
periods are deemed to have provided domestic or other water usage shall be billed according to
regular water monthly availability and usage charges as described herein.
(b) Volume Charge:
(i) Per 1,000 gallons $1.44
COLLIER COUNTY WATER-SEWER DISTRICT
UNIFORM OPERATION AND REGULATORY STANDARDS
APPENDIX A - SCHEDULE 2
Providing monthly user fees for residential and non-residential properties in Goodland Water Subdistrict as follows:
1. Water
(a) Service Availability Charge
(i) Individual Metered residential, Non-Residential and Irrigation:
¼ inch meter $ 16.00 per month
1 inch meter $ 37.00 per month
1½ inch meter $ 72.00 per month
2 inch meter $ ] 14.00 per month
3 inch meter $ 226.00 per month
4 inch meter $ 351.00 per month
6 inch meter $ 701.00 per month
8 inch meter $1,259.00 per month
(b) Volume Charge per one thousand gallons ($/Mgal) of usage:
All Usage $3.92 / Mgal
Purchased Water Adjustment Clause (PWAC):
[New FWSC Volume Charge - Old FWSC Volume Charge]
0.78
Adder
Existing Goodland $/Mgal + Adder - New Goodland $/Mgal
Factor is needed to adjust for unaccounted for water and the change in the monthly fixed charges from FWSC
Note: From time to time Florida Water Services Corporation (FWSC) is authorized to increase
water rates by the Collier County Water and Sewer Authority. This PWAC is designed to
automatically "pass-through" this increase, dollar-for-dollar. The new rates for the Goodland
Water Subdistrict should become effective the same month that FWSC increases the price of
wholesale water to the Goodland Water Subdistrict.
COLLIER COUNTY WATER-SEWER DISTRICT
UNIFORM OPERATION AND REGULATORY STANDARDS
APPENDIX A - SCHEDULE 3
Effluent Irrigation Rates
1. Effluent irrigation osage in each District shall be at the following schedule:
(a) Service Availability charge:
Individually Meter Irrigation:
5/8 and ¼ inch meter $ 4.35
I inch meter $ 10.90
1½inch meter $ 21.75
2 inchmeter $ 43.50
3 inch meter $ 87.00
4 inch meter $ 174.00
6inch meter $ 330.00
8 inch meter $ 600.00
10 inch meter $ 960.00
12 inch meter $1,430.00
>er month
>er month
>er month
>er month
~er month
~er month
~er month
~er month
~er month
~er month
(b) Volume Charge per 1,000 gallons:
(i) Pressurized and distributed
(ii) Pressurized
(iii) Bulk
$0.65
$0.34
$0.26
COLLIER COUNTY WATER-SEWER DISTRICT
UNIFORM OPERATION AND REGULATORY STANDARDS
APPENDIX A - SCHEDULE 4
Meter Installation Charges (Tapping Fees)
1. Meter installation charges to be paid to the District shall be as follows:
2. Meter size meter taping charges:
Meter Tapping Charge Meter Tapping Charge
Size With Service Line Installation Size Without Service Line Installation
V4" $ 302.00 ¼" $ 148.00
1" $ 602.00 1" $ 246.00
1 ½" $ 809.00 1 ½" $ 449.00
2 $ 861.00 2 $ 494.00
The fees are based upon meter installation for a typical single-family residential street. In all other circumstances,
the meter installation fee shall be based upon the district's actual cost for time, equipment and materials.
Backflow Device Char~es
Reduced Pressure Backflow Prevention Assembly
Meter Size Price
¼" $150.00
1" $169.00
1 ½" $283.00
2" $342.00
Double Check Valve Backflow Prevention Assembly
Meter Size Price
JA" $ 88.00
1" $ 99.00
1 I/2" $246.OO
2" $311.00
COIAAER COUNTY WATER-SEWER DISTRICT
UNIFORM ¢)PERATION AND REGULATORY STANDARDS
APPENDIX A - SCHEDULE 5
Time, Equipment, Material, and Sub-Contractor and Administrative Charges
The following rates, fees and charges are found to be reasonable charges to be used for recovery of costs incurred by
the District for its' services (repairs, damages, etc.).
Work orders (water and sewer) will be used to accommodate and accrue costs to be recovered. Copies of the work
orders will be attached to all invoices.
Personnel Rate H or F
Tech I and II $ 25.00 H
Supervisors $ 35.00 H
Equipment Rate H or F
Rehab & Electrician's Truck $ 75.00 H
Crew Trucks $ 50.00 H
Vactor $ 200.00 H
Camera Truck $ 150.00 H
Boom Truck $100.00 H
20 Yd Dump $ 70.00 H
10 Yd Dump $ 40.00 H
Track Hoe Big or Small $ 50.00 H
Back Hoe $ 60.00 H
Olympian Generators $ 60.00 H
Dewatering System $ 40.00 H
4" Trash Pump $ 10.00 H
Mud Hog $ 10.00 H
Trailer $ 40.00 H
Signs, Barricades, Traffic Board $ 100.00 F
Road Saw & Compactor $ 10.00 H
Misc. Small Equipment $ 5.00 H
Pans
Actual Cost
Actual Cost
Subcontractors
Administrative Processing -- 15 % or $300 whichever is smaller.
H = Hourly Rate
F + Full Day
COLLIER COUNTY WATER-SEWER DISTRICT
UNIFORM OPERATION AND REGULATORY STANDARDS
APPENDIX A - SCHEDULE 6
Miscellaneous Fees for Services
2.
3.
4.
5.
6.
7.
8.
New Accounts -- Change of Ownership
Turn-off/turn-on at Owner's Request
Meter Re-read
Meter Test
Meter Lock
Unlock After Hours
Meter Removal
Illegal Connection --
10.
11.
12
13.
Credit Card Handling Charge
Temporary Meter Deposit
Duplicate Bill Processing Fee
Non -Sufficient (NSF) Processing Charge
Late Payment Charge
$ 20.00
$ 30.00
$ 20.00
$ 35.00
$ 50.00
$ 100.00
$ 100.00
Actual Time and Material Cost
Plus Average Consumption Charge
Plus $ 300 Fine
$ 5.00
$ 1,000.00
$ 1.00
15% of the amount or $100;
whichever is smaller
5% of unpaid balance
STATE OF FLORIDA)
COIINTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
the
ORDINANCE NO. 2001-73
Which was adopted by the Board of County Commissioners
llTH day of December, 2001, during Regular Session.
on
WITNESS my hand
County Commissioners of Collier County,
of December, 2001.
and the official seal
Florida,
of the Boar~r~pf ~
this l?¢hd~y ......
DWIGHT E. BROCK
Clerk of Court~,~r/,d".G]~erk
Ex-officio
County Commi'~S
Deputy