Secs. 26-1—26-5. Reserved.
(a) Agreement required. Property owners with property within the municipal limits of the city seeking utility service shall, as a condition of obtaining service, open a utility account, enter into and maintain a current service agreement with the Utility Department and comply with the provisions of this Chapter 26. Property owners with property lying outside the municipal limits of the city but within the City Utility Service Area shall, as a condition of obtaining service, open a utility account with the Utility Department, enter into and maintain a current Water and Sewer Service/Annexation Agreement with the city, and comply with the provisions of this Chapter 26.
(b) Bundling of services; connection and payment required. City water service customers, as a condition of obtaining service, are required to connect to any newly placed or existing city sanitary sewer facilities that are adjacent to or abutting any applicable lot or parcel, so that the city may oversee the proper disposal of wastewater while also protecting the city's ground and surface waters. Sanitary sewer facilities shall be deemed adjacent to or to abut a lot or parcel if a facility is located in a street, right-of-way, or easement adjoining the subject lot or parcel. Property owners are required to connect to available sewer facilities within ninety (90) days after the city provides official notice to do so. Once connected, the property owner shall cease to use any other method of sewage disposal and comply with Palm Beach County's onsite sewage system abandonment procedures. All costs and expense incidental to compliance with this section shall be borne by the property owner.
(c) Penalties.
(1) Should a property owner fail to comply with requirements of this Chapter 26, the city may assess and impose a delinquency charge on the property owner's utility bill.
(2) If a delinquency charge is in default for forty-nine (49) or more days, or a property owner has failed to comply with the requirements of this Chapter 26, for more than forty-nine (49) days once the city has provided property owner notice of any such default, in addition to any other remedy permissible by law, the city shall cease to furnish service and may refuse to resume service to the property until all sums due shall have been paid in full and the default is cured. The city shall have a lien against the property for any unpaid fees and charges, such sums may be recovered by the city by suit in a court having jurisdiction of said cause.
(d) Appeals. A property owner who desires to challenge a city enforcement action or charge may request review of the action or charge rendered by the Utility Department pursuant to this section. The Finance Director or their designee shall review the facts and decide appeals where it is alleged that there is an error in the application and enforcement of this Chapter 26. Any appeal pursuant to this section shall be in writing and delivered to the City Clerk within sixty (60) days from the date of the subject utility bill or default notice. The appeal shall specify the grounds for such appeal. The Finance Director or their designee shall coordinate the review of the appeal with the appropriate Departmental and Administrative personnel and render a final decision within ninety (90) days of the date the appeal is filed with the City Clerk. The Finance Director's determination on the appeal shall be in writing and set forth in detail the reasons for its decision. All determinations arising out of this section shall be final.
(Ord. No. 22-005, § 2, 2-15-22)
(a) Lien when customer is owner of property. In addition to any other remedy provided in this chapter, when the customer is the owner of the property, the city shall have a lien against the property serviced for any and all unpaid fees and charges authorized for the city's water, sewer, stormwater, reclaimed water system. The city may record the lien in the public records of Palm Beach County, Florida. The lien shall be coequal with the lien of all county and municipal taxes, superior in dignity to all other liens, titles and claims, until paid. Such lien when delinquent for more than 30 days may be foreclosed by the city in the manner provided by the laws of Florida for the foreclosure of mortgages on real property. The city shall be entitled to recover costs and a reasonable attorney's fee incurred in foreclosing any such lien. No change of occupancy or ownership shall affect the lien.
(b) Lien when customer is tenant. When the customer is a tenant, the city shall have a lien against the leasehold interest and the tenant's personal property on the premises for all unpaid fees and charges. The city may record the lien in the public records of Palm Beach County, Florida. The lien shall be coequal with the lien of all county and municipal taxes, superior in dignity to all other liens, titles and claims, until paid. The city shall be entitled to recover costs and a reasonable attorney's fee incurred in foreclosing any such lien. The city shall not impose a lien against the rental property for any unpaid utility charges incurred by a former occupant except to the extent that the present tenant or owner directly benefited from the services provided to the former occupant. It is presumed that a property owner benefit from the city providing utilities to the former occupant unless the property owner following the city's notice of intent to file a lien, submits an affidavit and supporting documents to the city establishing the following, when applicable:
(1) The lease agreement, in effect during the time period the delinquency accrued, contained a provision or addendum which required the tenant/former occupant to pay the utilities; and
(2) The property owner had no knowledge that utility payments were in arrears;
(3) The property owner received no rent payment during the time period the delinquency accrued; and
(4) The property owner did not have a security deposit or the security deposit was applied to delinquent rent; and
(5) Prior to the time period the delinquency accrued, the property owner legally conveyed all of his/her/its interest in the respective property to an unassociated individual or entity.
The owner of a rental unit shall be responsible for all fees and charges for the rental property until such time as the tenant applies for service and tenders the required deposit. Any charges prior to the current tenant's application and deposit and subsequent to the former tenant's termination shall be the responsibility of the owner. The city shall have a lien against the property serviced for all unpaid fees and charges during the period of the owner's responsibility as stated in subsection (a) of this section.
(c) Liability for charges; civil actions. The customer applying for utility service shall be personally liable to the city for the payment of all fees and charges. In addition to all other remedies, including the lien and foreclosure remedies set forth in (a) and (b) above, the city shall have the authority to recover from the customer in a civil legal action all unpaid fees, charges and penalties and the costs and a reasonable attorney's fee incurred in any such action, including those incurred while on appeal. Additionally, the customer shall be liable for any administrative costs the city incurs in collection of the account.
(d) An administrative fee of $125.00 shall be charged to the customer whenever the city records a lien against the property serviced for unpaid water, sewer, stormwater, reclaimed water rates, fees and charges.
(Ord. No. 16-005, § 3, 3-1-16)
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