Ordinance No. 80-01-64ORDINANCE NO. 80-O1-64
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 22 UTILITIES, ARTICLE I, IN GENERAL,
SECTION 22-3 VOLUNTARY COLLECTION PROGRAM/TRUST
FUND TO ASSIST NEEDY WITH UTII.TTY BILLS, CHANGING
REQUIItEMENTS ON THE CONTRACT FOR SERVICES;
AMENDING SECTION 22- 4, AUTHORITY TO ADJUST CHARGES IN
APPROPRIATE CASES, .ADDING PROVISIONS TO EXTEND DUE
DATES AND WAIVE PENALTY CHARGES IN APPROPRIATE
CASES, UNDER. CERTAIN CIRCUMSTANCES, AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City currently has an existing utility payment assistance
program called "Atlantic Beach Cares" being administered by anot-for-profit agency by
an annual contract, and
WHEREAS, the City finds it unnecessary to enter into a new contract annually
and would prefer to enter into an on-going contract with a provision for cancellation by
either party upon an advance 30-day written notification.
WHEREAS, the City recognizes that from time to time circumstances arise that
are beyond the control ofour customers. causing them to be late in the payment of their
utility bills.
WHEREAS; it is not the intention of the City to create or add to circumstances
that create a hardship for any of its utility customers.
WHEREAS; in the current code, no authorization exists allowing the city
manager to waive or extend deadlines except in those circumstances involving some
error on the part, of the City.
WHEREAS; in order to accommodate customers with special needs, the
granting of authority to-the city manager to adjust due dates and charges under certain
circumstances is necessary,
WHEREAS; the requirements may include the customer signing a statement
attesting to income limitations that create a hardship and presenting other evidence
acceptable to the city manager as justification for special consideration.
WHEREAS; the City will consider all requests for special consideration and
approve or deny them as deemed appropriate by the city manager.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION
ON BEHALF OF THE PEOPLE OF THE CITY OF A TLANTIC BEACH,
~~ FLORIDA, that;
1. Section 22-3 of the Code of Ordinances of the City of Atlantic Beach,
Florida is hereby amended to read as follows:
Sec. 22-3. Voluntary Collection Program -~••~* rand to assist needy with utility bills.
The director of finance shall accept voluntary
donations to be used to assist the needy to pay city utility bills. The city manager aid
~~aysr eye is authorized easl3-iisEa~year to contract with tie a social service agency ~e
' to administer the city's "Atlantic Beach
Cares" program of assistance. Ali guidelines for the program will be set forth. in a
contract with the administering agency, such contract .
. will include a
cancellation provision whereby either.party may terminate the contract upon a 30-dav
advance written notice to the other.
2. Section 22-4 of the Code of Ordinances of the City of Atlantic Beach,
Florida is hereby amended to read as follows:
Sec. 22-4 Authority to adjust or waive charges in appropriate cases
{a) Right to Dispute. Every utility customer shall have the right to have any
disputed or believed erroneous billing reviewed by an employee of the finance
department who is empowered to adjust such billings for overcharging or
charging for services not rendered. The finance director shall designate such
employees to hear customer disputes and adjust bills to rectify any error and
shall make at least one (1) such employee available to customers during
regular office hours and such other times as the finance director deems
necessary and appropriate.
(~ Authority to adjust or waive charges. The adjustment will be made. in those
cases where the complaints are well founded and adjustments are appropriate
The city may waive or assess late fees
and service charges when there is a reasonable basis to believe that the fees or
service charges have been assessed or not assessed in error. The city may also
waive late fees when it appears that the customer has made a reasonable effort
to deliver payment in a timermanner or when that ,payment was late due to
+~o ~+~
(c) The city may extend the due dates for customers that are on a fixed income for
a tune period not to exceed fifteenSl S) days east the original due date The
extensions are for the purpose of helping customers on fixed incorne~av for
. does not extend the tune period for cut-ott pU~oses Consideration of such az
extension will be ~.iven to those customers with a off, od Payment history,and
who are willing to sign a statement regarding the income limitations of those
in the household. The customer must attest that the only household income
received is that of social security or disability income or that the total. income
of the household is lower than an amount considered a Povert income level
by the Department of Health and Human Services The city will place the
customer's deposit in a hold status for the duration of the special arrangement
(sd) Terms of adjustment.. When a customer is determined by the city to have been
overcharged or undercharged as a result of incorrect meter reading defective
metering, incorrect. application of rate schedule fees and charges or a mistake
in billing or in the billing and collection process the amount so determined
may be credited or back billed to the customer The adjustment. shall be
accomplished .over a period not to exceed six (6) months, unless otherwise
directed by the finance director or his authorized representative and so noted
on the account. If meter malfunctions are caused by tampering or customer-
inflicted damage, the back-billed period may be extended to the maximum
period allowed by state statute.
3. This ordinance shall take .effect immediately upon its adoption.
1 Passed by the City Commission an first reading this /D~'day of December,
2001.
Passed by the City Commission on second and final reading this ~~~ day of
January, 2002.
Approved as to form and correctness: ATTEST:
~,ep.,~
Ian C. Je s ,Esquire Maureen King, C
City Att ey City Clerk