§ 15-132. Delinquent bills; liens in favor of city; procedures for disputing charges.

(a)

Delinquent utility fees and charges shall be deemed liens upon the real property or premises serviced by the city. Such liens shall be prior to all other liens on such real property 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 such municipality in the manner provided by the laws of Florida for the foreclosure of mortgages on real property. All statements and billings for utility service shall be deemed delinquent if not received by the past due date for current charges printed thereon, and shall remain delinquent until full payment is received by the city. In the event of the failure of any consumer to pay for services rendered within forty-five (45) days after the billing date, the city may, after forty-five (45) days, and shall after sixty (60) days, disconnect such consumer's water and gas supply.

(b)

Any consumer presenting a bona fide dispute regarding the accuracy of a bill within forty-five (45) days from the date the bill in dispute is rendered may discuss the dispute with a city representative who has the authority to waive or modify charges imposed by the city in the event of overcharging or charging for services not rendered. The city representative or representative shall be designated by the finance director. The finance director may act in the capacity of the city representative. The finance director or city representative is authorized to waive or modify charges imposed by the city in the event of overcharging or charging for services not rendered based upon uniformly applied procedures and policies adopted by the finance department. The service of any customer who presents a bona fide dispute to the city within the time set forth above shall not have his or her service disconnected for nonpayment of the disputed portion of the bill until at lest ten (10) days after the city representative notifies the customer in writing of an adverse decision. Notice shall be deemed rendered when mailed United States mail, postage prepaid, or when delivered to the customer's address shown on the application for service.

(c)

The finance director or a designee shall have the authority to determine adjustments to customer's accounts making a determination based upon uniformly applied procedures and policies adopted by the finance department and in accordance with Chapter 15 in its entirety.

(d)

[Reserved.]

(e)

The city shall discontinue the utility service of any consumer who fails to pay a bill within ten (10) days after the city representative notifies the customer in writing of his or her decision regarding the dispute. The city's representative's decision shall be final. Any customer who wishes to appeal an adverse decision of the city representative shall do so within thirty (30) days of the city's representative's decision by filing the appeal in Broward County Circuit Court.

(Code 1972, § 24-10; Ord. No. 242-H, § 3, 8-18-92; Ord. No. 242-96-C, § 1, 12-23-96; Ord. No. 242-04-A, § 5, 9-13-04)

State law reference

Unpaid service charges of former occupant not to be a lien against rental property under certain circumstances, F.S. § 180.135.