§ 21-69. Charges, fees and billing procedure.  

Effective on Tuesday, November 1, 2022
  • (a) The city shall establish a uniform schedule of charges and fees to provide for the reimbursement of costs to the city for the treatment of industrial wastewater. This schedule of charges and fees shall be enacted and modified by ordinance adopted by the city commissioners of the City of Winter Haven, Florida. This schedule shall not be codified, but shall be on file in the city clerk's office. 
    (b) Where the premises are served by city utilities, any fees and changes pursuant to this ordinance shall be added to and made a part of a consolidated utility billing. 
    (c) Where city utilities are not used, said fees and charges shall be charged to and collected from the user. Bills rendered pursuant to this provision shall be considered delinquent if not paid by the date specified on this bill. Said delinquency shall be considered as a violation of the provisions of this ordinance and the wastewater permit and may be considered for enforcement proceedings pursuant to the applicable enforcement provisions of this ordinance. For purposes of such delinquencies, the city may avail itself of the remedies set forth in Part I of Chapter 159, Florida Statutes, the "Revenue Bond Act of 2153" (the "Act"), which provides that the city has a lien on all lands or premises served by any water and/or sewer system for service charges for such facilities until paid, which liens are prior to all other liens on such lands or premises except the lien of state, county, and municipal taxes; and such lien(s) are on a parity with the lien of state, county and municipal taxes. Pursuant to the Act and the city's home rule power(s), the city imposes liens on all properties served by the utility system for unpaid utility service fees and/or user charges, the enforcement of such service charges (including the assessment of the city's legal costs in enforcing any such liens). 
    (d) The provisions set forth in this section 21-70 are not exclusive remedies. The city reserves the right to take any, all, or a combination of legal and/or equitable action(s) against a noncompliant and/or delinquent user which may include, but shall not be limited to, the city's right and ability to discontinue utility service(s) for nonpayment and requiring all charges, fees (including attorneys' fees and costs), interest and penalties be paid-in-full prior to restoring such utility service(s); and the city's right and ability to foreclose any lien(s) created by and/or arising out of the Act in the manner provided by the Laws of Florida for the foreclosure of mortgages on real property.

(Ord. No. 2022-49, § 1, 11-01-22)