§ 28-190. When bills due and payable; disconnection of service; liens for unpaid fees and service charges.

(a)

All accounts shall be due and payable on the date statements are submitted to the consumers and, in the event of the failure of any consumer of water supplied by the city to pay the account within thirty (30) days after the same shall become due and payable, the city manager or his designee is hereby authorized to disconnect such consumer's water supply.

(b)

Prior to actual disconnection of a consumer's water supply, the consumer shall be given written notice of the pending termination of water and sewer service, the date of proposed termination and the specific reason(s) therefor. Such notice shall also advise the consumer that he may protest the proposed termination of water and sewer service as unjustified and may meet with a designated city employee for the purpose of presenting objections to such proposed termination.

(c)

In the event that a water customer whose water service has been cut off by reason of: 1. nonpayment of water or sewer bill, 2. the lack of backflow prevention assembly, inspection, testing or recertification, or 3. violations or provisions of chapter 28, "Water, Wastewater, and Stormwater" and who requests to have water service reestablished, the customer shall pay the entire amount of such delinquent water or sewer bill, together with a twenty dollar ($20.00) fee for a service call to disconnect the customer's water supply and a twenty dollar ($20.00) fee for a service call to reestablish such water service.

(d)

Water service shall not be established or reestablished at the request of a customer whose service has been terminated for: 1. nonpayment of water or sewer bill, 2. the lack of backflow prevention assembly, inspection, testing or recertification, or 3. violations or provisions of chapter 28, "Water, Wastewater, and Stormwater" until all amounts due for water or sewer service, together with any charges for disconnection or reestablishment of such customer's water supply, have been paid in full. When service has been disconnected at the water main by the city, an additional fee of three hundred sixty dollars ($360.00) shall be paid by the customer for the reestablishment of the water service.

(e)

The city shall have a lien on all lands or premises served by its water or sewer system for all fees and service charges for such facilities until paid, which liens shall be prior to all other liens on such lands or premises, except the lien of state, county and municipal taxes, and shall be on a parity with the lien of such state, county and municipal taxes. Such liens, when delinquent for more than thirty (30) days, may be foreclosed by the city in the manner provided by state law for the foreclosure of mortgages on real property.

(Code 1953, § 45-26; Ord. No. C-77-92, § 1, 7-19-77; Ord. No. C-79-96, § 5, 1-8-80; Ord. No. C-83-132, § 1, 12-20-83; Ord. No. C-98-61, § 2, 10-20-98; Ord. No. C-05-19, § 9, 9-7-05 ; Ord. No. C-15-17, § 9, 4-21-15 )

State law reference

User fees authorized, F.S. § 166.201; discontinuance of service for nonpayment of bill by former tenant, F.S. § 180.135.