Ordinance 79-2185BMS/rr
ORDINANCE NO. 79-2185
AN ORDINANCE AMENDING CHAPTER. 45 OF THE CODE OF
THE CITY OF MIAMI BEACH, FLORIDA, RELATING TO
WATER AND SEWER SERVICES; CHANGING TO "PUBLIC
WORKS DEPARTMENT" ALL REFERENCES TO "PUBLIC
UTILITIES DEPARTMENT"; AMENDING DEFINITION OF
"CHARGES"; AND PROVIDING FOR NOTICE OF CUT-OFF
OF SERVICES; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR PASSAGE AS AN EMERGENCY
MEASURE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: All references to "Public Utilities Department" in
Chapter 45 of the City Code of the City of Miami Beach,
Florida, be and the same are hereby changed to read "Public Works
Department."
SECTION 2: That Section 45-3 of the Code of the City of Miami Beach,
Florida, be and the same is hereby amended to read as
follows:
"Sec. 45-3. Definitions.
The following words, when used in this chapter, shall,
for the purpose of this chapter, have the meanings
respectively ascribed to them as follows:
Charges. All fees applicable for water and sewer
services incurred and/or billed by the City's utility
billing system for services incurred.
Consumer. The entity billed for water and sewer services
in any premises supplied by the City.
Owner. The entity, occupant or tenant having an interest,
whether legal or equitable, sole or only partial, in any
premises which is or is about to be provided with a ser-
vice(s) of the City. The word "owners" means all interested.
Territory. The territory supplied by the Public Ht}lities
Works Department."
SECTION 3: That Section 45-4 of the City Code of the City of Miami
Beach, Florida, be and the same is hereby amended to
read as follows:
"Sec. 45-4. Schedule of rates and tapping charges.
(g) Every owner or consumer making an application for
water service shall be required to make a deposit with
the Public Htilities Works Department called a guarantee
of payment deposit. The amount of such deposit shall be
according to the size of the service in the following
schedule.
MINIMUM GUARANTEE DEPOSITS
Service Amount
3/4"
1"
1 1/2"
2"
3"
4"
6"
8"
$ 40.00
50.00
60.00
100.00
500.00
600.00
1,000.00
1,500.00
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
At any time the owner or consumer making such deposit
wishes the service to be discontinued, the guarantee
of payment deposit shall be refunded less outstanding
charges for water, and sewer serviees or garbage and
waste.
If, at any time the total service charges for a given
account exceed the amount of the deposit, the Public
Utilities Works Department reserves the right to demand
an additional deposit up to four times the amount of
any previous monthly bill on that service."
SECTION 4: That Section 45-10 of the City Code of the City of Miami
Beach, Florida, be and the same is hereby amended to
read as follows:
"Sec. 45-10. Metered water supply service.
(d) Reading of meters shall be rade-ffienthly-er-at
lenger-periedie-intervals-at-the-disereten-e-the
Breete-ef-the-Ptblie-Utilities-Bepartment taken
as near as practicable to produce a like service
period for each Billing, and if the meter is in good
order and has been in good condition during the time
since the last previous reading, bills shall be
rendered in accordance therewith, but the Public
Utilities Works Department reserves the right, at its
option in the case of large users of water service or
for any other reason deemed by it to be sufficient
thereunto, to read any meter and to render bills thereon,
in the same manner as stated above for monthly readings
at weekly or more or less frequent intervals."
SECTION 5: That Section 45-11 of the City Code of the City of Miami
Beach, Florida, be and the same is hereby amended
to read as follows:
"Sec. 45-11. Payment of bills.
(a) Payment of all bills and accounts of the Public
Utilities Works Deparment must be made to the City
Cashier in the Revenue Gffiee Utility Billing Office.
(b) All water and sewer bills, except those rendered
to the Army or to any federal agency, shall be paid
within tem fifteen days from the date of the bill.
Bills rendered to the Army or any federal agency shall
be paid within forty-five days from date of bill. A
five eight per cent penalty shall be added to all water
bills, except those rendered to the Army or any federal
agency , if not paid within ten fifteen days from the
date of bill. A five eight per cent penalty shall be
added to all bills rendered to the Army or any federal
agency if not paid within forty-five days from the date
of the bill. Water-serviee-shall-be-diseentatded-wtheut
further-aetiee-es-all-aeeelants-set-paid-within-tern-days
frem-the-date-ef-the-bill;-emeept-serviee-en-aeeeunts
with-the-Arty-er-axy-ederal-ageney;-whieh-shall-be-diseen-
t nued-witheut-farther-ranee-if-set-paid-within-ferty-
five-days-frem-date-ef-bili.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
(c) The date of cancellation by the post office depart-
ment shall be taken as date of payment for all remittances
by mail for bills and accounts due the Public Utties
Works Department.
(d) No abatements or deductions on metered service
charges shall be made or allowed, except for errors,
in meter readings on which such charges are based, or
inaccuracies in the registration of any meter or in
the event of error on the part of the Public Utilities
Works Department in the making of any chargc or in the
amount thereof, and then only provided claim for such
abatement or deduction is made in writing within ten
days after the date of the rendition of the bill or
account in dispute.
(e) No abatements or deductions on any bill, account
or charge rendered or made by the Public Utilities
Works Department for any service or purpose other
than metered service, shall be made or allowed, unless
and only when claim for such abatements or deductions
is made in writing within ten days after the date of
the rendition of the bill or account in dispute.
(f) Returned payment checks will be automatically
represented to the banks for collection a second time
when practicable and if then returned for whatever
reason, the account will be charged a minimum of five
dollars or five percent of the amount of the check,
whichever is greater.
(g) Notwithstanding any other provision of this Chapter,
prior to cut-off of service, the Finance Director or his
designated agent shall mail and/or hand deliver a Notice
of Cut-off of Services to the owner, resident or occupant
and shall provide a date and time for the owner, resident
or occupant to present their dispute to the Finance Director
or his designated agent. Notice of Cut-off shall auto-
matically become final on the date and time of such hearing
in the event that said owner, resident or occupant fails
to appear.
(h) The City Finance Director may direct Billing to
issue one itemized Water and Sewer bill, where practicable,
for all water meters billed to a given owner or consumer
on a given parcel of property or properties. In addition,
the Finance Director may direct, where practicable, that
the appropriate charges for garbage and waste fees be in-
cluded on any bill rendered for water and sewer charges.
Said combined bills are subject to all provisions set
orth in Chapters 45 and 14A of the Code of the City of
Miami Beach."
SECTION 6: That Section 45-12 of the City Code of the City of Miami
Beach, Florida, be and the same is hereby amended to
read as follows:
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
"Sec. 45-12. Delinquent accounts; creation of liens.
(b) All delinquent accounts, including metered water
supply and sewer service, may cause the service of the
Public 14t4Ities Works Department to be discontinued
and the water supply to be shut off from and to the
premises of the owner or consumer from whom such account
is in arrears, in redately-upen-suek-aeeeunt-beeerting
delinq est-er-as-seen-thereafter-as-praetieabie--with-
eut-setieer-regardless-ef-the-status-ef-said--ewnersT-ether
aeeelants-an4-t14e-water-turned-es-te-any-prem aes-uet}l
the-aiieunt-ef -the-delinquent-aeeeunt4-s )--and-the-sulli-ef
ter}-dellars-ter-tursag-ea-the-supply-to-eaeh-prem ses
se-s4ut-effT-has-beer3-pai4 in accordance with the pro-
visions contained in Section 45-11(q), regardless of
the status of said owners other accounts. A disconnect
charge of ten dollars shall be assessed against such con-
sumer or customer and the water not turned on to any
premises until a two dollar turn on fee has been paid.
(Sec. 45-14(c)"
SECTION 7: That Section 45-14 of the City Code of the City of Miami
Beach, Florida, be and the same is hereby amended to
read as follows:
"Sec. 45-14. Leaks and waste.
(c) Whenever the water supply to and for any premises
has been shut off because of leaks or waste, as provided
in this section, the same shall not be turned on again
until all causes for shut-off shall have been remedied
or removed, and until satisfactory assurance shall be
given to the Public Htil}ties Works Department that the
condition causing the shut-off will not again exist by
the owner, his agent or tenant, and the sum of two dollars
shall have been paid to the revenue-of€iee City Cashier
in the Utility Billing Office to cover the cost of again
turning on such water supply."
SECTION 8: That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 9: That the City Commission of the City of Miami Beach,
Florida, having found and determined that a public
emergency exists affecting life, health, property or public safety,
this Ordinance is hereby adopted as an emergency measure and shall
go into effect immediately upon its adoption.
PASSED and ADOPTED this 17th day of October, 1979.
Attest:
City Clerk
Passed and Adopted as an Emergency Measure - October 17, 1979
Words in 9truek threugh type are deletions from
existing Ordinance;
Words in underscored type are additions. -4-
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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