§ 28-239. Water and/or sewer service application and contract.

(a)

Application for service.

(1)

All occupants of improved property connected to the district's water or sanitary sewer system or to both systems shall request service from the department.

(2)

All applications for connection of any premises to the district's water and/or sanitary sewer systems or for transfer of the utilities account for a service location to another party shall be made to the department in writing on forms provided for that purpose, and shall state fully all the purposes for which such water connection or sanitary sewer service is required and the correct location of the premises to be supplied, and shall be signed by the owner, tenants, or an authorized agent. The department may authorize service to residential units upon verbal or electronic request therefore, and the department's acceptance of such request and applicant's receipt of services from the department pursuant thereto, whether or not subsequently formalized by a written application or written contract, shall constitute a contract for service under the same terms as if a fully signed and completed application was received and approved by the department.

(3)

The department may propose and the district may adopt policies defining where and how accounts may be established for unoccupied improved property for the purpose of collecting minimum monthly charges when such charges have been adopted by rate resolution, but nothing herein shall require forcing accounts on property owners not occupying such property.

(4)

The department shall establish a utility account in the applicant's name at the time the request for service is accepted. Such request when accepted by the department and upon its performance of the service applied for shall constitute a contract between the applicant and the district which shall bind such applicant to pay to the department for the services rendered at the district's prescribed rates and to comply with all rules and regulations as prescribed and fixed hereby in the provisions of this division, or as hereafter adopted by the board.

(5)

Any agents, trustees, receivers, administrators, executors, or anyone handling properties for owners or tenants signing an application for water and/or sanitary sewer service on behalf of principals, shall be held jointly and severally liable with their principals under the terms of the contract of application, which contract shall remain in effect until notice from the original applicant has been received by the department for discontinuance of service.

(6)

Anyone signing an application for water and/or sanitary sewer service and requesting that the account bill be sent to a different address for payment by another party does so at his own risk, as the department does not act as a collection agency for owner or agent, and takes no responsibility for collection of the account. Should the account become delinquent, the contracting party shall be liable and collection shall be handled as any ordinary account.

(b)

Water and/or sewer service contract. The contract for water and/or sanitary sewer service shall be substantially in the following form and shall expressly authorize inclusion of costs of collection, including attorney's fees and costs if necessary:

"The applicant for water and/or sanitary sewer service agrees to be responsible for providing the correct service location to the utilities department and to reimburse the utilities department for any costs incurred as a result of the applicant providing incorrect information. The applicant further agrees to conform to all the rates, rules and regulations of the Hernando County Water and Sewer District for water and/or sanitary sewer service as are now or hereafter in force, and which are made part of this contract, including the agreement to pay the prescribed charge for any restoration of service. The applicant also agrees to pay water and sanitary sewer hook-up and connection fees where applicable, and to pay all charges for water and/or sanitary sewer service, as they may become due and at the scheduled rate in effect, until and unless notice in writing is given by the applicant to the utilities department that service is to be discontinued, for whatever period of time. In the event of delinquency requiring administrative or judicial collection action, applicant agrees that payment of costs of collection, including applicable interest, penalty, attorney's fees, court costs and any and all other costs of collection, may be included in the amount due and payable. Applicant further certifies that any and all information provided to the department in the course of applying for service is true and correct and understands that willfully supplying false or incorrect information may constitute a violation of the district's operating ordinance". It shall be a violation of this division if any applicant for service willfully provides false or incorrect information upon which the department relies to its operational or financial detriment.

(c)

Termination of water and/or sewer service.

(1)

Any owner of property connected to the district's water and/or sanitary sewer system may terminate their contract and utility account for water and/or sanitary sewer service with the department by giving notice to the department that they have sold the service location and by paying all amounts due for services up to the date of receipt of such notice by the department or the effective closing date of sale, whichever comes last.

(2)

Renters or tenants may terminate their contract and utility account with the department at any time by giving notice to the department and by paying all amounts due for services up to the date of receipt of such notice by the department or upon the effective date requested by the account holder.

(3)

The department will not accept any notice as binding unless made in writing. Persons giving notice either verbally or by telephone do so at their own risk.

(4)

In case notice of termination is not given by an account holder or the bills due for service are not paid, the account holder shall continue to be liable for water consumed and/or sanitary sewer services rendered and, in case no water is consumed and/or sanitary sewer service rendered, for the minimum monthly charge even though the account holder may vacate or the premises may be occupied by another party who fails to apply for service and sign a contract with the department. However, in the case where the property has been sold, the previous owner shall not be held liable for water and/or sanitary sewer charges accrued after the closing date of property sale; rather, the new owner shall be liable for water and/or sanitary sewer charges upon the effective closing date of sale.

(5)

Acceptance by the department of an application for service at an existing service location shall automatically transfer the utilities account for that location into the name of the new applicant and automatically suspend or terminate the previous account upon the effective date of service for the new account, whether or not notification of account suspension or termination from the previous account holder has been received by the department.

(6)

Should the owner or occupant of any improved property connected to the district's water and/or sanitary sewer system, fail to make application for service, the department shall have the right to disconnect the water and/or sanitary sewer service to the property immediately upon discovery, and to require payment by the owner of all applicable fees and charges accrued prior to reconnection of service and the cost of reconnection to the system(s).

(7)

In the event of notification to the department of bankruptcy of the owner, the account shall be administratively divided between pre-petition date and post-petition date liabilities, unless otherwise directed by the owner or the bankruptcy court, and a claim may be filed with the court for payment of any pre-petition delinquencies. Unless the account is terminated, the owner will be separately liable for charges for service accruing after the petition date. In chapter 11 or 13 cases, failure to remain current on post-petition charges will be called to the attention of the court for appropriate action.

(8)

In the event the owner dies, the name on the account shall be changed or the account terminated as soon as possible upon presentation of evidence of death. If a notice of claim is filed in probate proceedings, such notice shall be without prejudice to the assertion of liability against the estate, the personal representative, or any occupants of the premises obtaining the benefits of continued service, jointly or severally, if the name of the deceased remains on the account for any periods after the date of death. In any such case, the department shall have the authority to disconnect service for non-payment.

(Ord. No. 2005-19, § 4, 10-18-05; Ord. No. 2007-20, § 1, 11-6-07; Ord. No. 2009-01, § 1, 3-24-09)