53-86 ORDINANCE NO. 53-86
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 'WATER
AND SEWERS' OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-1
'SERVICE CHARGE FOR RETURNED CHECKS' BY AMENDING THE
SERVICE CHARGE FOR RETURNED CHECKS TO INCREASE THE
FEE FROM FIVE DOLLARS ($5.00) TO FIFTEEN DOLLARS
($15.00); BY AMENDING SECTION 29-20 'TURNING ON OF
SERVICE' BY REQUIRING IDENTIFICATION; BY AMENDING
SECTION 29-24 'OWNER RESPONSIBLE FOR CHARGES' BY
ADDING A PROVISION UNLESS PROHIBITED BY LAW AND
DEFINING DELINQUENT CHARGES TO INCLUDE COLLECTION
COSTS AND REASONABLE ATTORNEY FEES; BY AMENDING
SECTION 29-25 'RESUMING SERVICE AFTER DISCONTINUANCE
FOR DELINQUENCY' BY REQUIRING AN ADDITIONAL DEPOSIT;
BY AMENDING SECTION 29-64 'TIME AND METHOD OF
PAYMENT OF SERVICE CHARGE' BY ADDING A PROVISION
UNLESS PROHIBITED BY LAW AND DEFINING DELINQUENT
CHARGES TO INCLUDE COLLECTION COSTS AND REASONABLE
ATTORNEY FEES; PROVIDING A SAVING CLAUSE; PROVIDING
A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA AS FOLLOWS=
~.S_~--~. That Chapter 29 'Water and Sewer' Section 29-1
'Service Charge for Returned Checks' of the Code of Ordinances of the
City of Delray Beach, Florida is hereby amended to read as follows=
Sec. 29-1. Service charge for returned checks.
In the event a check given to the city in payment of a
utility bill for water and sewer service is not paid by the
bank on which it is drawn but returned, the city shall assess
a ~,we-~l{~T--~.N)~ fifteen dollar ~S15.00) service charge
for each check so returned, and this charge shall be added to
the utility bill.
~. That Chapter 29 'Water and Sewer' Section 29-20
'Turning on of Service' of the Code of Ordinances of the City of Delray
Beach, Florida is hereby amended t~ read as fo!!~ws:
Section 29-20 Turning on of service.
Upon application for water service and payment of a
deposit as required by this chapter and presentation of proper
and acceptable identification, water will be turned on as soon
as prac6ical. There shall be a charge of thirteen ($13.00)
dollars for each time water is turned on, except when the
provisions of section 29-26 apply regarding turn on as a
result of a shut-off notice. (Ord. No. 23-82, Sec. 1,3-23-82).
~. That Chapter 29 'Water and Sewer' Section 29-24
'Owner responsible for Charges' of the Code of Ordinances of the City of
Delray Beach, Florida is hereby amended to read as follows=
Sec. 29-24. Owner responsible for charges.
The owner of the property being serviced by city water
shall be responsible for all charges against that property for
water use. unless otherwise prohibited by law. Charges for
delinauent accounts shall include collection costs and reason-
able attorney fees.
~. That Chapter 29 "Water and Sewer" Section 29-25
"Resuming Service After Discontinuance for Delinquency" of the Code of
Ordinances of the City of Delray Beach, Florida is hereby amended as
follows:
Sec. 29-25. Resuming service after discontinuance for
delinquency.
In the event the water use charges against it become
delinquent and said services are discontinued by the city, as
herein provided, said services shall not be restored until all
delinquent charges plus penalties, shutoff and reconnection
charges are paid in fully and an additional quarantee-Of-
payment deposit shall be required so that the actual deposit
held by the City shall be eaual to twice the amount o~ the
current quarantee-of-payment schedule as set forth in Section
29-19 provided, however, the city shall not refuse to accept
an application for water service or to open a separate water
service account because of an outstanding delinquent bill on
the subject property which was not incurred by the applicant.
If. after one full year from the date that the increased
deposit was reauired to resume service after disconnection for
a delinquency, there has been no additional nonpayment discon-
nection, the customer may request reduction of deposit to the
current deposit rate as set forth in the schedule in Sec.
~. That Chapter 29 "Water and Sewer" Section 29-64
"Time and Method of Payment of Servic- Charge" of the Code of Ordinances
of the Cityof Delray Beach, Florida is hereby amended as follows:
Sec. 29-64. Time and method of payment of service charge.
All statements for sewer service shall be submitted
monthly on the same statement as the charges for water service
and shall be due and payable at the same time as the statement
for water services; provided, however, the charge for sewer
shall be made a separate item thereon; and further provided
that nonpayment of such charges shall render the user subject
to the provision of section 29-22 provided for nonpayment of
water bills as now or hereafter established by the ordinances
of this city. The owner of the property being serviced by
city sewer shall be responsible for all charges against that
property for sewer usex unless otherwise prohibited by law.
Charoes for delinauent accounts ~hall include collection costs
and reasonable attorney feeS.
~.ld~__~. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
2 '. Ord. No. 53-86
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
~.f~. That all Ordinances or parts of Ordinances in
conflict herewith be and the same are hereby repealed.
~g_~. That this Ordinance shall become effective on
October 1, 1986.
PASSED A~ ADOPTED in regular session on second and final
reading on this the 2~ day of August , 198 6 .
MAYOR
ATTEST:
First Reading August 12, 1986
Second Reading August 26, 1986
3 Ord. No. 53-86