(A) Withholding Service. The City may withhold or discontinue Utilities services for any violation made by the customer of any rule or regulation set forth in this chapter.
(B) Unauthorized Connections/Tampering. All meters shall be furnished or approved by the City. The meters shall remain the property of the City and shall at all times be accessible by the City and subject to its control. Connections to the Utilities' water mains or distribution lines, for any purposes whatsoever, are to be made only by employees of the City or as authorized by the City. Any person found altering or tampering with any property of the Utilities as described in Section 812.14, Florida Statutes shall be guilty and punishable as provided in Sections 775.082 and 775.083, Florida Statutes. Such person may also be found liable in a civil action pursuant to Section 812.14, Florida Statutes as may be amended from time to time and any other laws or regulations that may apply.
In cases where the meter lock has been broken and/or there has been unauthorized use of water, wastewater or reclaimed water service, the customer shall:
(1) Pay a tamper charge which will be set as follows:
FY 22-23
| |
Tampering Fee (1st Offense) | $250.00 |
Tampering Fee (2nd Offense) | $500.00 |
Tampering Fee (3rd and Subsequent Offenses) | $750.00 |
(2) Pay the actual costs (if any) to replace/reinstall any damaged or broken City property; and
(3) Pay an estimated bill for the amount of water, wastewater and/or reclaimed water services used from the time service was discontinued until the tampering was discovered.
In cases where there is no meter or backflow prevention device in place and/or there has been unauthorized use of water, wastewater or reclaimed water service, the customer or unauthorized user shall pay an Unauthorized Use Fee of $1,000.00.
Each violation of this section shall be subject to a charge per incident in accordance with Section 812.14, Florida Statutes. The Utilities has the right to pursue legal action and impose additional penalties when deemed appropriate to the maximum extent allowed by the law and as provided in the Florida Statutes. The Utilities shall restore water service upon payment of all applicable service charges, back billing charges, penalties and other amounts due.
(C) Limitation of Use. Utilities services purchased from the City shall be used by the customer only for the purposes specified in the application for Utilities services.
(D) Continuity of Service. The City will at all times use reasonable diligence to provide continuous Utilities services and shall not be liable to the customer for failure or interruption of continuous Utilities services. The City shall not be liable for any act or omission caused directly or indirectly by strikes, labor trouble, accidents, litigation, breakdowns, shutdowns for emergency repairs or adjustments, acts of sabotage, wars, governmental interferences, acts of God or other causes beyond its control.
(E) Type and Maintenance. The customer's pipes, apparatus and equipment shall be selected, installed, used and maintained in accordance with standard practice and shall conform to the rules and regulations of the City. The City shall not be responsible for the maintenance and operation of the customer's pipes and facilities. The customer expressly agrees not to utilize any appliance or device which is not properly constructed, controlled and protected, or which may adversely affect Utilities services provided by the City. The City reserves the right to discontinue or withhold Utilities services due to the customer's use of such apparatus or device.
(F) Change of Customer's Installation. No variations in the customer's installation, which will materially affect the proper operation of the City's pipes, and appurtenances, shall be made without written consent of the City. The customer shall be liable for any variation resulting in a violation of this rule.
(G) Protection of City's Property. The Customer is responsible for Utilities' pipes and appurtenances located within Customer's property.
(H) Access To Premises. The duly authorized agents of the City shall have access at all reasonable hours to the premises of the customer for the purpose of installing, maintaining, inspecting, or removing the City's property or the performance under or termination of the City's agreement with the customer and under such performance shall not be liable for trespass.
(I) Billing Periods. Bills for Utilities services will be rendered monthly or as otherwise stated in the rate schedule, and shall become due when rendered. Bills will be considered received by the customer when mailed or provided to the Utilities service address. Non-receipt of bills by the customer shall not release or diminish the obligation of the customer to pay their bill.
(J) Delinquent Bills. Bills are due when rendered and become delinquent if not paid within fifteen (15) days after the billing date. City staff shall be required to mail all customer bills for utility services by 5:00 p.m. on the billing date. Services may be discontinued for nonpayment forty-five (45) days after the billing date. Utilities services shall be restored only after the City has received payment for all past-due bills and charges from the customer. There shall be no liability of any kind against the City for the discontinuance of Utilities services to a customer for that customer's failure to pay the bills on time. Partial payment of a bill of the Utilities services rendered will not be accepted by the City, except by the City's agreement thereof.
(K) Payment of Utilities Service Bills Concurrently. When Utilities services are provided by the City, payment of any Utilities service bill rendered by the City to a customer shall not be accepted by the City without the simultaneous or concurrent payment of any other Utilities service bill rendered by the City. The City may discontinue any Utilities service to the customer's premises for non-payment of any other Utilities service bill or if payment is not made concurrently. The City shall not reestablish or reconnect any Utilities service until such time as all Utilities service bills and all charges are paid.
(L) Tax Clause. Any tax which may be levied upon the City's System shall not be incorporated into the rate for wastewater, water, or reclaimed water services but shall be shown as a separate item on the City's bills to its customers receiving such service.
(M) Change of Occupancy. When a change of occupancy occurs on premises with Utilities services, notice shall be provided to the City not less than three (3) days prior to the date of change by the outgoing customer. The outgoing customer shall be held responsible for all Utilities services rendered on such premises until notice is received by the City and the City has had reasonable time to discontinue the Utilities services. However, if such notice has not been received, the application of a succeeding occupant for Utilities services will automatically terminate the prior account. The customer’s deposit may be transferred from one service location to another service location with City Utilities. The customer’s deposit may be transferred from one name to another as long as the customer makes a request.
(N) Adjustment of Bills. When a customer has been overcharged or undercharged as a result of incorrect application of the rate schedule, incorrect reading of a meter, or other similar reasons, the amount may be credited or billed to the customer in accordance with the policies of the City.
(O) Administrative Adjustments. The City Manager or designee may, upon request of the customer, consider additional adjustments in accordance with the policies of the City.
(P) Combined Billing. The charges for all utilities services shall be billed on a single bill or statement.
(Q) Provisions of Chapter Cumulative. The provisions of this chapter shall be supplemental to all ordinances of the City, and the provisions of this chapter shall be cumulative to all other remedies provided by law or ordinance for the collection of unpaid utilities bills.
(R) Utility liens. Liens imposed by the Utilities for non- payment of charges or any other lawful purpose shall be set based on actual cost incurred by the City. The fee for the preparation and filing of the utility lien fee shall be set as follows:
Utility Lien Fee $70.00
(S) Recording Fee. A utility agreement between the City and an applicant shall be recorded with the Brevard County Clerk of the Court. The fee for the preparation and recording of the utility agreement shall be set as follows:
Recording Fee - Utility Agreement $153.00
(T) Subordination Fee. The fee for subordination of Connection Payment Agreement liens shall be set as follows:
Subordination Fee $100.00
(Ord. 2008-31, passed 5-1-08; Am. Ord. 2009-40, passed 10-1-09; Am. Ord. 2011-22, passed 3-17-11; Am. Ord. 2011-49, passed 9-22-11; Am. Ord. 2012-25, passed 9-18-12; Am. Ord. 2013-47, passed 9-25-13; Am. Ord. 2015-47, passed 9-24-15; Am. Ord. 2022-96, passed 9-21-22)