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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, ,,~*, .. ,,~',.f