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Home My Public Portal About18-18 Ordinance only 1St Reading: 11/14/2018 2❑d Reading 12/12/2018 Public Hearings: 11/14/2018 and 12/12/2018 Adopted: 12/12/2018 Effective Date: 12/12/2018 Sponsor: City Manager ORDINANCE NO. 18-18 AN ORDINANCE OF THE CITY OF OPA-LOCKA, FLORIDA; AMENDING CHAPTER 21 — WATER, SEWER AND STORMWATER UTILITIES, CREATING A SECTION ENTITLED REGULATIONS GOVERNING MIAMI-DADE BILLING FOR THE CITY OF OPA-LOCKA, AND ADOPTING THE POLICIES AND PROCEDURES OF THE MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT TO BE USED IN CONJUNCTION WITH THE NEWLY CREATED SECTION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances of the City of Opa-locka, Florida("Code") contains references to the Dade County Water and Sewer Board, which no longer exists; and WHEREAS, adopting sections of Miami-Dade County's Water and Sewer Regulations and Policies and Procedures will enhance Miami-Dade County's efficiency in billing on the behalf of the City of Opa-locka("City"); and WHEREAS, the Commission of the City of Opa-locka finds that it is in the best interest of the City to adopt sections of Miami-Dade County's Water and Sewer Regulations and Policies and Procedures. NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AS FOLLOWS: SECTION 1. RECITALS The recitals to the preamble herein are incorporated by reference. SECTION 2. ADOPTION The Policies and Procedures of the Miami-Dade County Water and Sewer Department are hereby adopted for the newly created section of the City of Opa-locka Code of Ordinances entitled Regulations Governing Miami-Dade Billing for the City of Opa-locka. Chapter 21 — Water, Sewer and Stormwater Utilities is amended by the addition of the following language: Ordinance No. 18-18 Sec. 21-85. - When bills due and payable; discontinuing service for nonpayment. Bills are due when rendered, and if not paid within thirty (30) days thereafter, they shall become delinquent, and service may be discontinued and the prepayment, deposit or guarantee applied toward settlement of the bill. Mailing of the next month's bill showing a previous balance shall constitute due notice. Discontinuance shall be in accordance with the regulations of the Miami- Dade County Code of Ordinances - Chapter 32 Water and Sewer Regulations .: - ., - Paz- :. In such cases service will not be restored until the bill has been paid and the department has been reimbursed for extra expense incurred on account of the delinquent bill. Sec. 21-97 Regulations Governing Miami-Dade Billing for the City of Opa-locka 1. Billing procedure; penalty for late payment; lien. (a)Water and sewer charges for service rendered by the City of Opa-locka ("City") shall be billed to customers as set forth by ordinance. If such charges are not fully paid by said customers on or before the past due dates set forth on customers' bills, a ten (10) percent late charge may be added to the water and sewer bill and imposed upon the customer by the City in accordance with regulations prescribed by the City Commission. Unpaid balances of said customers for such charges and late charges shall be subject to an interest charge at the rate of eight (8) percent per annum. Imposition of said interest charge shall commence sixty (60) days after the final bill date for water and sewer charges. (b)Water and sewer charges and late charges, together with any interest charges, shall be debts due and owing the City and all of same shall be recoverable by the City in any court of competent jurisdiction. (c) The City shall utilize Miami-Dade County's Policy and Procedures for notification of property owners and/or managers of delinquent accounts. (d) Subscribers to this service shall pay in advance an annual fee of three dollars ($3.00) per monthly account and two dollars and fifty cents ($2.50) per quarterly account. (e) Tenants who reside in multi-unit property served by one meter may establish a bridge account with the City for water and sewer service for a period not to exceed one year where the property owner's account is terminated for nonpayment. The City shall utilize Miami-Dade County's Policy and Procedures for the administration of bridge accounts with tenants that meet specified conditions. (f) Except as otherwise provided by this article, all charges, late charges and interest accruing thereupon, for water and sewer service rendered by the City to any real property which remain unpaid sixty (60) days after the final bill date for water and sewer charges shall become a lien against and upon the real property to which such water and sewer service has been furnished to the same extent and character as a lien for a special assessment. Until fully paid and discharged, Ordinance No. 18-18 said charges, late charges, and interest accrued thereupon shall be, remain, and constitute a special assessment lien equal in rank and dignity with the liens of City ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved for the period of twenty (20) years from the date said charges become a lien as set forth in this section. Said liens may be enforced and satisfied by the City, pursuant to Chapter 173, Florida Statutes, as it may be amended from time to time, or by any other method permitted by law. The lien provided for herein shall not be deemed to be in lieu of any other legal remedies for payment available to the City, including but not limited to suspension and termination of water service. (g) Liens may be discharged and satisfied by payment to the City of the aggregate amounts specified in the notice of lien, together with interest accrued thereon, and all filing and recording fees. When any such lien has been fully paid and/or discharged, the City shall cause evidence of the satisfaction and discharge of such lien to be filed with the office of the Clerk of the Circuit Court of Miami-Dade County, Florida. Any person, firm, or corporation or legal entity, other than the present owner of the property involved, who fully pays any such lien shall be entitled to receive an assignment of the lien and shall be subrogated to the rights of the City in respect of the enforcement of such lien. 2. When bills are due and payable; discontinuing service for nonpayment. Bills are due when rendered, and if not paid within twenty-one (21) days thereafter, they shall become delinquent, and service may be discontinued and the prepayment, deposit or guarantee applied toward settlement of the bill. Mailing of the next month's bill showing a previous balance shall constitute due notice. Discontinuance shall be in accordance with the regulations of the Miami-Dade County Code of Ordinances - Chapter 32 Water and Sewer Regulations In such cases service will not be restored until the bill has been paid and the department has been reimbursed for extra expense incurred on account of the delinquent bill. 3—Deposits. There shall be deposited with the city, by each consumer of: (a)Water and sewer service, water only service, or sewer only service: Water Meter Residential Commercial Size (inches) Customers Customers 3/4 $170.00 $250.00 Ordinance No. 18-18 Water Meter Residential Commercial Size (inches) Customers Customers 1 1,000.00 1,000.00 1'/2 1,500.00 1,500.00 2 2,000.00 2,000.00 3 3,000.00 3,000.00 4 4,000.00 4,000.00 6 6,000.00 6,000.00 8 8,000.00 8,000.00 (b)Water and sewer service, water only service, or sewer only service for customers discovered using water and sewer services without a deposit. The deposit and all unbilled water and sewer charges must be paid to re-connection of services. Water Meter Residential Commercial Size (inches) Customers Customers Ordinance No. 18-18 Water Meter Residential Commercial Size (inches) Customers Customers 3/4 $340.00 $500.00 1 2,000.00 2,000.00 1'/2 3,000.00 3,000.00 2 4,000.00 4,000.00 3 6,000.00 6,000.00 4 8,000.00 8,000.00 6 12,000.00 12,000.00 8 16,000.00 16,000.00 (c)Other miscellaneous fees: Tampering fees $450.00 Disconnection fee 25.00 Ordinance No. 18-18 Meter removal fee 50.00 SECTION 3. SEVERABILTY If any clause, section, or other part or application of this Ordinance is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portions or application of this Ordinance. SECTION 4. CONFLICT All ordinances or resolutions or parts of ordinances or resolutions in conflict herewith, are hereby repealed. SECTION 5. CODIFICATION This Ordinance shall be codified in the Code of Ordinances when the code is recodified. SECTION 6. SCRIVENER'S ERRORS. Sections of this Ordinance may be renumbered or re-lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re- codified copy of same with the City Clerk. SECTION 7. LIBERAL CONSTRUCTION. The terms and provisions of this Ordinance shall be liberally construed to affect the purpose for which it is adopted. SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect upon the adoption of this Ordinance by the Commission of the City of Opa-locka and is subject to the approval of the Governor or his designee. This ordinance was moved for adoption by Commissioner Kelley. The motion was seconded by Commissioner Burke, and upon being put to a vote, the motion passed by a 5-0 vote. Commissioner Bass YES Commissioner Burke YES Commissioner Kelley YES Vice Mayor Davis YES Mayor Pigatt YES PASSED AND ADOPTED this 12th day of December, 2018. Ordinance No. 18-18 Matthew A. Pigatt Mayor Attest to: Approved as to form and legal sufficiency: Jo. I a Flores e r. _ aw Group, LLC City lerk Cit A orney