§ 28-148. Diverting water from city's distribution system.

(a)

The owner or consumer at the premises shall pay to the city the sum of one hundred fifty dollars ($150.00) for each and every time the seal on any meter or its coupling on or for such premises is found broken or a pipe has been installed to bypass a meter or utility lines have been tampered with to divert water around the meter. The owner, consumer or contractor shall pay to the city the sum of five hundred dollars ($500.00) for each and every time a fire hydrant or fill station or a pipe has been installed to bypass a meter or utility lines have been tampered with to divert water around a hydrant meter, fill station meter, contractor meter or backflow prevention assembly. After the first occurrence the appropriate city department shall notify the customer that his regular deposit has been increased to a special deposit as outlined in section 28-186.

(b)

Upon the second occurrence of such offense, the city shall, at its option, shut off the supply and discontinue its service and may further refuse to turn the same on again and resume its service to such premises so long as the owner or consumer at the premises at the time of the breaking or removal of such seal shall continue to be the owner or consumer at the premises or discontinue its service to owner, consumer or contractor at the time of the breaking, bypass or removal of such meter or backflow prevention assembly.

(c)

The existence of any mechanical device or pipe having as its apparent object the diversion of water before reaching the meter and capable of such diversion and which has not been authorized by the city manager, and the existence of a broken meter, broken meter lock or broken metal seal, meter bypass, or lack of meter shall constitute prima facie evidence of the fraudulent appropriation of water, as the case may be, by the person on whose premises, vehicle, or equipment such device, pipe or tank was found or by the person occupying the premises, vehicle, or equipment being served with water, on which fire hydrant, fill station, or service line was found a broken meter, broken meter lock, broken meter seal, meter bypass, or missing meter.

(Code 1953, § 45-25; Ord. No. C-77-92, § 1, 7-19-77; Ord. No. C-05-19, § 5, 9-7-05 ; Ord. No. C-15-17, § 2, 4-21-15 )

State law reference

User fees authorized, F.S. § 166.201.