§ 21-154. Billing, payment and mandatory discontinuation of services.

(a) Billing period. Charges for services rendered by the utility system shall be billed by the city on a monthly basis and shall be paid by the user within twenty (20) days of being billed for such services. The "billing date" shall mean the date on which the bills are delivered to the U.S. Post Office for mailing. The date identified on the bill as the date on which the payment is due shall be twenty (20) days after the "billing date." If payment is hand-delivered to the city by the user, the "date paid" shall mean the date of receipt by the city's cashier. It the payment is mailed to the city by the user, the "date paid" shall mean the date on which the envelope is postmarked.

(b) New accounts. An administrative fee in the amount of fifteen dollars ($15.00) shall be charged for the creation of a new customer account record and connection of service to the new account.

(c) Dishonored checks. Service shall be disconnected if a check tendered in payment of a utility bill is dishonored for any reason. The amount due on the account shall be paid in full by cash or money order prior to the reconnection of service. A fee in the amount of five (5) percent of the amount of the check or twenty dollars ($20.00), whichever is greater, shall be assessed for each dishonored check as authorized by F.S. § 166.351. In addition, a fifteen dollar ($15.00) reconnect fee shall be charged to the customer's account. If two (2) checks are returned in a six-month period, the city shall not accept a personal check from the customer for a twelve-month period beginning with the date on which the second check is dishonored.

(d) Delinquent payment. If any monthly bill for utility services shall be and remain unpaid after twenty (20) days from the date of being billed for such services, the account shall be considered delinquent. A delinquent payment penalty of one and one-half (1.5) percent of the bill shall be imposed and be added to the bill, provided, however, that said penalty shall not result in a combined penalty for water and sewer charges which exceeds fifty dollars ($50.00). Exceptions to the imposition of a delinquent payment penalty are as follows:

(1) Penalty exemption. Persons who are eligible to receive Medicare or Medicaid benefits may receive an exemption from the payment of penalties on late payments provided said persons submit proof of such eligibility.

(2) State agencies. State agencies shall pay penalties on late payments as provided in F.S. § 215.422.

The city manager or his/her designee shall have the authority to waive the delinquent payment when extenuating circumstances exist which prevent the payment of utility charges by the date due for customer who have made timely payment for the prior twenty-four-month period.

(e) Non-payment fee and mandatory cut off. In additional to the penalty imposed by paragraph (d), if any monthly bill with an outstanding delinquent balance in excess of thirty dollars ($30.00) for utility services which has remained unpaid six (6) days after the second billing notice has been mailed and no payment agreement has been executed as provided in paragraph (f) a twenty-five dollar ($25.00) nonpayment fee shall be imposed and added to the bill. The utility services provided to the user shall be discontinued on the subsequent non-Friday business day and shall not be reconnected until all required deposits as provided in section 21-153(b), nonpayment fees, and past due charges have been paid. The city manager or their designee shall have the authority to waive the nonpayment fee when extenuating circumstances exist which prevent the payment of utility charges by the date due.

(f) Payment agreements.

(1) Extension agreement. The city in its sole discretion may permit a user to execute an agreement for extension of the due date when extenuating circumstances exist which prevent the payment of utility charges by the date due. Extension agreements are subject to the following conditions:

a. No extension shall be granted for a period greater than two (2) weeks.

b. If the payment is not made by the date agreed upon, service shall be discontinued until all charges due are paid in full. If an extension payment is not made by the date agreed upon, the customer shall be ineligible for another extension agreement for a six-month period.

c. No more than three (3) extension agreements per a six-month period shall be authorized.

d. No extension agreement shall be authorized after service has been discontinued for a delinquent payment or for a dishonored check. A customer requiring an extension agreement shall enter into said agreement prior to having service disconnected.

e. All extension agreements are subject to the approval of the city manager or his designee.

f. The city manager or his/her designee shall have the authority to waive extension requirements, one (1) time per customer account, when extenuating circumstances exist which prevent the payment of utility charges by the date due providing payment in full is scheduled to be completed within forty-five (45) days.

(2) Installment agreement. The city in its sole discretion may permit a user to execute an agreement for installment payment of amounts due when extenuating circumstances exist which prevent the payment of the total amount due. Installment agreements are subject to the following conditions:

a. Each installment payment shall be added to the bill for current charges and shall be paid by the user within twenty (20) days of being billed.

b. An administrative fee of one and one-half (1½) percent shall be assessed against the charges paid by installment agreement.

c. If an installment payment is not made, the payment agreement shall be terminated immediately and service shall be discontinued until all charges due on the account are paid in full.

d. An installment agreement shall not be authorized for a monthly installment payment amount less than twenty-five dollars ($25.00) and shall not be authorized for a period greater than twelve (12) months.

e. No more than one (1) installment agreement per twelve-month period shall be authorized.

f. No installment agreement shall be authorized after service has been discontinued for a delinquent payment or for a dishonored check. A customer requiring an installment agreement shall enter into said agreement prior to having service disconnected.

g. All installment agreements are subject to the approval of the city manager or his designee.

h. The city manager or his/her designee shall have the authority to waive installment requirements, one (1) time per customer account, when extenuating circumstances exist which prevent the payment of utility charges by the date due provided payment in full is scheduled to be received within twenty-four (24) months.

(g) Enforcement of collections. The city is authorized to pursue and shall pursue all legal means to collect monies due the system including, but not limited to, referral of delinquent accounts to collection agencies and filing a claim of lien, after review by the office of the city manager, against a property in the amount of the unpaid charges plus legal and administrative costs of the collection.

(Ord. No. 96-06, § 1, 5-21-96; Ord. No. 96-22, § 1, 11-19-96; Ord. No. 2001-06, § 1, 5-15-01; Ord. No. 01-12, § 1, 9-18-01; Ord. No. 03-09, § 1, 4-15-03; Ord. No. 2006-49, § 1, 12-5-06; Ord. No. 2009-01, § 1, 2-3-09; Ord. No. 2011-28, § 1, 11-1-11)

Editor's note

Formerly § 21-114.