2003-O-32
~ .
~ ORDINANCE NO. 2003-0-32 'W
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEW A TER, FLORIDA; MODIFYING CHAPTER 19
(UTILITIES AND SERVICES), ARTICLE I (IN GENERAL) BY
ENACTING SECTION 19-5 (UNPAID FEES TO CONSTITUTE
LIEN) OF THE CODE OF ORDINANCES, CITY OF
EDGEW A TER, FLORIDA; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE
AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. The City of Edgewater has an estimated average of $43,000.00 per year of
outstanding charges that have been uncollectible due to foreclosures/bankruptcy and unpaid utility
services; and
2. By modifying Chapter 19 (Utilities and Services) to enact Section 19-5 (Unpaid fees
to constitute lien), the City will have the authority to place liens for unpaid utility services; and
3. Inclusion of this Section will also allow the City to place a lien on any residence that
does not pay for utility services when due and payable; and
4. Section 19-5 also confirms that the owner of each property receiving utility services
provided by the City is financially responsible for said service, whether the property is rented or
occupied by the owner.
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of
Edgewater, Florida:
PART A.
MODIFY CHAPTER 19 (UTILITIES AND SERVICES), ARTICLE I
(IN GENERAL), SECTION 19-5 (RESERVED) (UNPAID FEES TO
CONSTITUTE LIEN) OF THE CODE OF ORDINANCES, CITY OF
EDGEW A TER, FLORIDA.
Section 19-5 of Chapter 19 is hereby modified to read as follows:
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Underlined passages are added.
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. I
Sec. 19-5.
Reset ,ed 'W'Unpaid fees to constitute lien.
.....,
The owner of each property receiving utility services provided by the city. regardless of
whether the residence or building on the property is rented or being occupied by the owner and
regardless of the date or the means by which the owner came into ownership of the residence. shall
be absolutely responsible for the payment of all fees. rates. or charges relating to utilities provided
for the property. In the event that the utility fees. rates or charges are not paid as and when due. any
unpaid balance thereof. along with all interest accruing thereon. shall be and shall constitute a lien
on the property.
Once the amount of unpaid utility fees. rates or char!!es reaches an amount of three
hundred dollars ($300.00). the City will initiate the lien process a!!ainst the property owner
bein!! supplied/provided the utility service. The city may record in the public records of Vol usia
County. Florida. a notice oflien giving notice to all persons that the city is asserting a lien upon the
affected parcel or property. The unpaid balance thereof and all interest accrued thereon. together
with the costs of collection. including but not limited to attornevs' fees and costs. may be recovered
by the city in a civil action. and any such lien. accrued interest and any additional costs may be
foreclosed or otherwise enforced bv the city by action or suit in equity as for the foreclosure of a
mortgage on real property.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
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Underlined passages are added.
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ordinance or any provisio~ereof shall be held to be inapplicabl~o any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts B through F shall not be codified.
PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on November 17,2003, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X -
Councilman Dennis Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
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After Motion by Co lrCilWOman Lichter and Second by cacilwoman Rhodes
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt x
Councilman James P. Brown x
Councilman Dennis Vincenzi x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter —
PASSED AND DULY ADOPTED this 15th day of December, 2003.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
Shnek dnevgh passages are deleted.
Underlined passages are added.
CITY COUNCIL OF THE
CITY O GEWA�TpER�FLORIDDAA J
By: axn-�nC Lemma%
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 15th day
of December, 2003 under Agenda Item No. 6
B
2003-0-32