Ordinance No. 80-14-84ORDINANCE NO 80-14-84
AN ORDINANCE AMENDING CHAPTER 22 UTILITIES,
ARTICLE I, SECTION 22-4 AUTHORITY TO ADJUST OR
WAIVE CHARGES IN APPROPRIATE CASES, (E)
ADJUSTMENT FOR LEAKS ON CONSUMER'S SIDE OF
METER, AND (F), ADJUSTMENT FOR FILLING
SWIMMING POOL; PROVIDING FOR SEVERABILITY
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has carefully considered the complaints of utility customers
regarding the amount of adjustment received for excessive water consumption related to a leak or
pool fill, and
WHEREAS, the City has determined that amending the code to allow adjustments down
to the first tiered rate from the second tier would more appropriate, and
WHEREAS, the City proposes to amend the code of ordinances to reflect this change in
policy recognizing the financial impact to the City's utility is reasonable.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF
OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that;
SECTION I. Chapter 22 Utilities, of the Code of Ordinances of the City of Atlantic Beach,
Florida is hereby amended to read as follows:
ARTICLE I — IN GENERAL
Sec. 22-4. Authority to adjust or waive charges in appropriate cases.
(e) Adjustment for leaks on consumer's side of meter. An adjustment may be
made to the rate charged for excessive water volume consumed as a result of a leak on
the user's side of the meter where the discharge entered the sanitary sewer system. The
adjustment for water and sewer volume charges would be based on water usage in excess
of that location's average normal monthly consumption for the previous twelve-month
period. The adjusted rate for those excess gallons used would be the rate in effect for the
zero (0) to three (3) thousand gallon usage per month block rate.
Also, an adjustment to the volume billed may be made to the sewer volume portion of the
utility bill as a result of a leak on the consumer side of the meter if the water service was
broken at the point where the discharge did not enter the sanitary sewer system. The city
shall decide the extent of the adjustment based on water usage in excess of that location's
average monthly usage for the previous twelve-month period.
Any request for an adjustment for either water volume or sewer volume charges must be
accompanied by documentation of the leak, in a format acceptable to the city.
No allowances will be made due to running water due to weather conditions.
(f) Adjustments for filling a swimming pool. A one time, per owner, allowance or
adjustment of volume billed for gallons used may be made to the rate charged for
excessive water consumed as a result of filling a swimming pool. The adjustment would
be based on water usage in excess of that location's normal monthly usage based on prior
consumption history of the previous twelve-month period. The adjusted water volume
rate for those excess gallons used would be the rate in effect for the zero (0) to three (3)
thousand gallon usage per month block rate. The sewer volume billed is to be adjusted
down to the average normal monthly usage.
Any request for an adjustment for water and sewer volume charges for filling a
swimming pool must be accompanied by documentation for a new pool or repair, in a
format acceptable to the city.
SECTION 2. Severability
If any section, sentence, clause, or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this ordinance.
SECTION 3. Effective Date
This Ordinance shall take effect upon its final passage and adoption.
Passed by the City Commission on first reading this 13th day of January, 2014.
Passed by the City Commission on first reading this 10" day of hrWil , 2014.
Carolyn Woods
Mayor / Presiding Officer
Approv to form and correctness:
Richard Komando
City Attorney
ATTEST:
Donna L. Bartle, CMC
City Clerk