Loading...
Ordinance 95-70 ORDINANCE NO. 95- 70 ~ "' .. . ~ AN ORDINANCE AMENDING COLLIER COUNTY ORDIN_~NCE "'~ NO. 86-67 BY AMENDING SECTION FOUR TO PERMIT RECOVERY OF COSTS BY LANDLORDS AND COND~MI~IUM ASSOCIATIONS FOR WATER SERVICE PROVIDED THROUGH A SINGLE MASTER METER TO TENANTS OR CONDOMIWIUM 'j ~'~ UNIT OWNERS; PROVIDING FOR CONFLICT 'TAND SEVERABILITY; PROVIDING FOR INCLUSION IN~HE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 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 County Water-Sewer District, adopted Collier County Ordinance No. 86-67, establishing monthly rates, fees, and charges for water and sewer service in the Collier County Water-Sewer District; and WHEREAS, Section Four of Collier County Ordinance No. 86-67 prohibits the sale or distribution of county water service whether by installation of equipment or otherwise; and WHEREAS, the Board has determined the county has an important interest in conserving water and that permitting a landlord or condominium association to recover its actual cost for county water service provided through a master meter will have the effect of encouraging water conservation in the county. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER CO~TY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that: SECTION ONE: Amendment to Section Four of Collier Count~ Ordinanoe No. 86-67, as amended Section Four of Collier County Ordinance No. 86-67 is hereby amended as follows: 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, 1 Words underlined are added; words et-~ee~ ~ are deleted. association or corporation install equipment for the purpose 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 e~:ension, sale or disposition of service 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 expenses incurred for clerical work, testing and inspections. 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 ~wn lines from the water meter, and all lo8s of water through breaks or leakage to the premises will be paid by the customer. D. A landlord who is a customer of the county and who Drovides water service to rental units throuQh a sinale master meter shall. under any of the followina three circumstances. be exempt from the PrOhibitionS contained in subsection A aaainst the sale or disposition of county water service: 1, A..landlord may apportion the monthIv charae for county W~ter ~rVice ~hrouoh the master meter soually amon~ all rental units ~rovided that the total monthly chafes to all rental units 2 Words underlined are added; words et~e~ ~ are deleted. Ihall not exceed the landlord's actual cost for county water service through the master meter: or. 2. A landlord may install submeters for each rental unit to track each unit's usaae of water service and then charae each unit accordin~ to its exact usage. A landlord who installs submeters shall COmPlY with the reguirements of subsect~on E below and shall not recover more than his actual cost for county water service throuuh the master m~ter and shall not PaSS on to his tenants any of the capital or administrative cost incurred in the installation and monitorin~ of the submeters or the billina of tenants for ~heir water service usage: or. 3, A landlord may also Provide water service to rental units through a sinCle master meter for no specific comnensation provided that in no event shall any landlord recover more than hie actual cost for county water service from his tenants. E. For any rental units which are under lease acreement as of the effective date of this Ordinance. a landlord choosing to install submeters as provided in subsection D.2. above. shall not begin monitorinc a rental unit's water usage for the DUl-DOSeS of charuinG a unit according to its actual water usage until the expiration of the then existin~ term under such lease a~reement. Upon renewin~ an expired lease. or UPOn enterin~ any new lease aareement 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 accordinn to its exact water usace. Such disclosure shall be An both of the followinn forms: (1] oral representations by the landlord to the tenant at the time of ne~otiatin~ the lease and be[Qrl either party has sicned the lease agreement. and [2~ bv a COnSPICUOUSlY printed disclosure provision in the lease a~reement specifically referencinu the landlord's ability to submeter pursuant to the terms of this Ordinance and initialed by the tenant, VDon a tenant's written re_quest. any landlord who exercises his privilege to recover his actual cost for county water service 3 Words underlined are added; words e{~a~ ~q~ are deleted. Under this exemption shall Provide to the tenant documentation of the landlord's actual cost for county water service as well aa documentation and a w=itten explanation of the basis for any costs charsad to the tenant for water service. Such documentation and written e)colanation shall be provided within five [51 business days from receipt of the written request, furthermore, UPOn diSPUte Of a water bill by a tenant in person, in %n/itinG, by telephone, or in any other manner. a landlord shall. within five fS] business days of receivina notice QE the tenant's dispute, pursue all of the following remedies in an effort to resolve the disPUte: fl} Reread the master meter and/or any submeter to verify the accuracy of the meter readin~ process and the workinu condition of the meter{e!: [2~ If the workin~ condition or accuracy of the master meter or any submeter is in ~uestion after bein~ reread, the landlord shall have the meter tested: f3) If after being tested the master meter or any submeter is found to be inaccurate or otherwise defective, the landlord shall immediately rePlace the meter: (4} Provide documentation of current and PaSt billinq practices with respect to the aPPlicable rental unit for the Period of the re~uestin~ tenant's occupancy: ~5) Arrange a meetins with the tenant and the property manseer or some other representative of ~he landlord to discusl the billind process: AND (61 Any ~gDant Whosg request is unsatisfactorily addressed or who has exhausted the above OPtiOnS Without redress may brtnu suit in a court of competent 4urisdiction to obtain relief under ChaPter 83, Florida Statutes, the Zandlord Tenant Act, All meters and submeters.must achieve no less than the ~ccuracv standards as currently met by the County for its own water meters. In addition, any .landlord installing submeters shall provide. where applicable, the followin~ services, at the 4 Words Underlined are added; words et~ ~ are deleted, landlord's expense. which either meet or exceed the level of service currently provided by the County with respect to its water Ill The landlord shall promptly. upon receivinc notice. repair all submeter leaks: (2) The landlord shall promptly. upon receivinc notice. replace any failed service lines or associated components: ~) The landlord shall promptly. upon receivinc notice. replace damaqed or deteriorated submeter boxes or lids. and shall. where applicable. lower or raise a submeter box to arade as necessarY: [{] The landlord shall. upon receivinc a water aualitv comolaint. check applicable connections and flush aDmlicable garYice lines: [~1 The landlord shall. upon receivinc a low pressure complaint. check and test the system to ensure proper operation: {§1 The landlord shall locate all submeters and service lines upon reasonable recuest by a tenantl fT1 The landlord shall turn off applicable master meters and/or submeters in amercenov situations: f8] The landlord shall read all submeters no less ~recuently than once a month: fg] The landlord shall replace all submeters that Become stuck or difficult to read: AND flOl The landlord shall notify the tenant of a potential leak upon readinq a submeter that reflects an unusually hich AnY landlord who is found to be in violation of any provision of either subsaction E (this $ubsection~ shall be $ub4ect to ~enalties either as provided by Ordinance No. 86-67 or Ordinance N~. 92-80 and any amendments to those ordinances. The provision of Water service throuCh a sincle master meter bv a landlord as ~escribed in this subsection is deemed not to constitute the production and distribution of water. F. AnY condominium association that is a customer of the Words underlined are added; words e, rueh 4~ are deleted. county ~nd provides water service to condominium units throuah a Sincle master meter may allocate the cost for such water service amonc its members either by eaual apportionment. installation of sUbmeterS, or otherwise provided that such allocation of cost is restricted to recovery of the condominium association's actual COs= for county water service and directly related administrative or capital expenses incurred in recoverin~ that cost. UDOn a member's w~itten readset. any condomtntum association that exercises its ortvileue under this exemption from the prohibitions in subsection A to recover its actual cost rot county ¥~ter servl~e and directly related administrative and capital e~Denses incurred in recoverina that cost shall provide to the member documentation of the condominium association's actual cost for county w~er service as well as documentation and u written explanation of the basis for any costs charaed to the member for water service. Such documentation and w~itten exDlanation shall be provided within rive [5~ business days from receiDt o= the ¥ritten request. Any condominium association that is found to be recoverin~ from its members more than its actual cost fo~ water service and directly related administrative and ca~ltal expenses shall be subject to penalties either as provided by Ordinance No. 86-67 or Ordinance No. 92-80 as well as any amendments to those Ordinances. The provision of water serv~e throuOh a sinale master meter by a condominium association described in this subsaction is deem.d not to constitute the production and distribution of water. SECTION TWOx Conflict and Severabilit~. In the event this Ordinance conflicts with any other Ordinance of Collier Count~ or other applicable law, the more restrictive shall apply. If any phrase or portion of the 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 holding shall not affect the validity of the remaining portion. SECTION THREE: Inclusion in the Code of Laws and Ordinances. Words ~ are added; words et~eh t~ are deleted. T~e provisions of this Ordinance shall become and be made a part of the Cods of ~aws and Ordinances of Collier County, Florida. T~e sections of the Ordinance may be rendered or relettered to acc~plish such, and the vord "ordinance" may ~ changed to "section", "article", or any other appropriate word. SE~ION rO~z Effeotive Date. ~is Ordinance shall ~come effective upon filing with the Depa~ment of State. PASS~ ~D D~Y AM~ by the Board of County Co~issioners of Collier County, Florida, this Jf day of ~~ , 1995. A~S'~} ..... BO~ OF CO~ CO[SSIONM DWIG~ B. BROW, Clerk COLLI~ CO~, ~RIDA AS ~ · "-.' '~ GOV~ING BODY OF CO~I~ · ., ~ CO~ ~D ~-OFFICIO ~E GOV~ING BO~ OF ~E CO~ legal sufficien~: Michael W. Pettit Assistant County Attomey 7 Words umderlined are added; words e~Puek ~ are deleted. STATE OF FLORIDA) COUNTY OF COLLIER) l, 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: ORDINANCE NO. 95-70 Which was adoptedby the Board of County Co~,issioners on the 28th day of November, 1995, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of November. 1995. I~qIGHT E. BROCK ,.,...,. ....... Clerk of Courts and~f~r~,~, "',., Ex-officio to Board"o~... ': ..'. ,.~.:~% County Commissionei~' ..' , .: ."::':2 Deputy Cl.,~X...' .::: "... .% , -. ,... ~-,,, ,.