§ 63.25. Miscellaneous policies.

(a)

General utility systems policies.

1.

Availability: "Available," for the purposes of this Chapter as applied to the City's water and wastewater systems, means that the City's system is capable of being connected to the plumbing of an establishment or residence, is not under a Department of Environmental Protection moratorium, and has adequate permitted capacity to provide the potable water and/or wastewater demand by the residence or establishment; and:

a.

For a residential subdivision lot, or a single-family residence, a potable water main or wastewater main exists in a public easement or right-of-way that abuts the property line of the lot, residence, or establishment; or

b.

For an establishment or multi-family residential project, a potable water main or wastewater main exists in a public easement or right-of-way that abuts the property of the establishment or is within 50 feet of the property line of the establishment as accessed via existing easements or rights-of-way; or

c.

For proposed residential subdivisions with more than 30 lots, or proposed commercial subdivisions with more than 7500 gallons per day of potable water demand, and for areas zoned or used for an industrial or manufacturing purpose or its equivalent, a potable water main or wastewater main exists within 1,320 feet of the development as measured and accessed via existing easements or rights-of-way; or

d.

For repairs or modifications within areas zoned or used for an industrial or manufacturing purpose or its equivalent, a potable water main or wastewater main exists within 500 feet of an establishment's or residence's property boundary as measured and accessed via existing easements or rights-of-way.

2.

Connections to the Utility system.

a.

New construction: All new construction of any type must connect to the water and/or wastewater services of the City if the property on which such new construction takes place is adjacent to a public right-of-way or easement in which a water main or sanitary sewer is located.

b.

Required connections: If a water main is adjacent or available to a property, and a residential building, commercial or industrial building, or other structure located on that property is connected to a private well system, then that residential building, commercial or industrial building, or other structure will be required to be connected to the City's water system when the private well system fails, becomes contaminated or experiences a dry well condition or a permit is requested from the St. Lucie County Health Department or other appropriate authority for a replacement well. If a sanitary sewer is adjacent or available to a property, and a residential building, commercial or industrial building, or other structure located on that property is connected to a septic tank system, then that residential building, commercial or industrial building, or other structure will be required to be connected to the City's wastewater system when the septic tank fails or a permit is requested from the St. Lucie County Health Department or other appropriate authority for a septic tank or drainfield replacement. Notwithstanding any provision of this chapter to the contrary, the existence of a health or safety hazard, which may be eliminated by connection to City's water and/or wastewater systems is hereby declared to be a public nuisance. The owner of any building or structure impacted thereby shall be required to immediately abate the said public nuisance and to connect to the City's water and/or wastewater system.

c.

Irrigation Wells: Any property which is currently utilizing a well for irrigation purposes shall be able to continue to utilize such well notwithstanding existing or future connection to the City's water system. No cross connection between potable and nonpotable systems will be allowed.

d.

Must maintain connections to City's system: Once a property has connected to the City's water and/or wastewater system, the property shall not be permitted to disconnect from the City's systems to return to a well for potable water or a septic system for wastewater disposal. However, as noted in Section 63.25 (a) (2) (c) , a well may be used for irrigation purposes.

(b)

Policies applicable to special assessment districts.

(1)

Connection of single-family residential structures to the City's main service facilities. In the event a single-family residential structure located within a special assessment district or utility service area is required to connect to the City's water and/or wastewater systems as required in subsection (a) (2) (b) of this section, the owner of such structure shall have the opportunity to elect to repay the cost thereof by use of a capital charge agreement (CCA).

A capital charge agreement (CCA) is defined as an agreement between the City of Port St. Lucie and the property owner(s) of record. The agreement allows repayment to the City of Port St. Lucie, for the cost of connecting water and/or wastewater (sewer) to the City's main service facility, over a period of ten years (120 months), in monthly installments, without the accrual of interest on the principal amount. The CCA will be recorded in the Public Records of St. Lucie County and become a lien upon the subject property until satisfied in full. The CCA is available for connecting service to a subject property one time only and is not available for new construction.

Payments will be assessed to the service customer monthly, until the principal amount is paid in full. Failure to pay when due may result in the acceleration of the total amount due, interruption of service, and such other remedies as may apply. If the service customer is not the property owner of record, such payments shall be negotiated between those parties; the City will not participate in such negotiations.

(2)

Transfer of interest in real property. After January 1, 2001, any transfer of interest in a property upon which a CCA has been recorded in the public records as a lien, will be affected in the following manner:

a.

Sale of home. City will allow the continuation of the existing CCA under its original agreed upon terms and conditions, subject to the following requirements:

1.

Completion of an application and payment of an administration fee in the amount of $200.00;

2.

All utility accounts charged to the subject property must be current;

3.

Review and approval by the City's Legal Department of an assumption agreement which must be properly executed by all transferees in interest;

4.

If applicable, review and approval by the City's Legal Department of subordination documents;

5.

The City shall never subordinate to an inferior position greater than second; and

6.

All approved agreements made with the City, hereunder, must be recorded simultaneously with all other closing documents. An additional administrative fee of $75.00 will be charged for any subordination or assumption agreement submitted for review after having been denied by the legal department for just cause.

b.

Refinance. On the condition that all utility accounts are current, the City will allow the continuation of the CCA under its original agreed upon terms and conditions. The City will subordinate its interest in the property, after review of subordination documents by the City's Legal Department and payment of an administrative fee to be established by the City Manager, or designee. The City shall never be subordinate to an inferior position greater than second. Such document shall be recorded simultaneously with all other closing documents.

c.

Divorce. On the condition that all utility accounts are current, the City will allow the continuation of the CCA, under its original agreed upon terms and conditions, to the spouse who retains ownership of the residence. That spouse may be required to execute an assumption agreement which shall be reviewed by the City's Legal Department. Payment of an administrative fee to be established by the City Manager, or designee. A CCA shall never be subordinate to an inferior position greater than second, otherwise the balance due must be paid in full.

d.

Transfer by probate.

1.

To surviving spouse. On the condition that all utility accounts are current, the City will allow the continuation of the CCA to the surviving spouse, under its original agreed upon terms and conditions. The surviving spouse may be required to execute an assumption agreement which shall be reviewed by the City's Legal Department. Payment of an administrative fee to be established by the City Manager, or designee. A CCA shall never be subordinate to an inferior position greater than second, otherwise the balance due must be paid in full.

2.

To other than surviving spouse. The unpaid balance of the CCA may be due and payable to the City of Port St. Lucie at the time of transfer.

e.

Foreclosure transfer. (Any transfer of interest in property after a certificate of title has passed to a financial institution or guarantor and the utility connection fee has not been completely satisfied.) The purchaser of such a property may either (1) make payment in full to the City for the balance of all outstanding utility delinquencies, including the unpaid CCA; or (2) utilize Section 63.25(b)(2) herein, as if the property owner was connecting for the first time.

f.

Bankruptcy. Upon notice of the filing of a Chapter 7 Bankruptcy, the City will immediately cease any affirmative collection of delinquent payments on the CCA, in advance of the date of filing. As a condition of continued service, an additional deposit shall be required and a restatement of debt in the amount of the balance due shall be recorded in the public records.

g.

Government guaranteed financing. (VA/FHA) If utility connection is a condition of the lender, the purchaser may utilize Section 63.25 (b)(2) herein, and a CCA shall be processed as an element of the closing.

(3)

Delinquencies. In the event of a delinquency on any utility usage or base account having a CCA, the following shall take place:

a.

Delinquent payments on CCA. The City will allow continuation of a CCA, on the condition that all payments are brought current before an interruption of service. In the event of an interruption of service, the unpaid balance of the CCA will be due and payable, in full, before service is restored.

b.

Unpaid usage or monthly base facility charges. In the event of an interruption of service or a 90-day arrearage in the monthly base facility charge for water or wastewater service, the unpaid balance of a CCA and all delinquent usage and base charges are due and payable, in full, before service is restored.

(4)

Hardship transfer subject to 63.25(b)(3)a. Upon demonstration of a financial hardship by the owner of a property upon which a CCA is recorded and on condition that all utility service accounts are current, the City Manager, or designee, may approve a modification of the terms of the existing agreement (CCA) or conditions precedent to the assumption or subordination of a CCA under this section. After review of the request, the City Manager, or designee may, within 14 days of the request, consent to such other condition(s) as may be appropriate. A CCA shall never be subordinated to an inferior position greater than second. An appeal of a denial of a hardship request may be heard by the City Council not later than 30 days, thereafter.

(5)

Connection of multi-family residential, commercial, industrial buildings, or buildings owned by non-profit organizations to the City's main service facilities.

(a)

Multi-family residential, commercial, or industrial buildings: In the event an existing non single-family residential, commercial or industrial building/structure is required to connect to the City's water and/or wastewater systems as required in subsection (2) (b) of this section, or one is proposed to be constructed, the owner of such building or structure shall have the opportunity to elect to pay the cost of related capital charges over a period of one year, in twelve monthly installments, without the accrual of interest on the principal amount until all charges have been paid in full. A property owner's election to make such installment payments shall be memorialized by the execution of a utility service agreement addressing related terms and conditions. The City will record such agreements in the Public Records of St. Lucie County.

(b)

Nonprofit organizations: In the event a nonprofit organization that has been qualified as a charitable organization for Federal Income Tax purposes owns a building/structure that is required to connect to the City's water and/or wastewater systems, or proposes to construct one, the organization as owner of such building or structure shall have the opportunity to elect to pay the cost of related capital charges over a period of up to ten years, in as many as 120 monthly installments, without the accrual of interest on the principal amount until all charges have been paid in full. A property owner's election to make such payments shall be memorialized by execution of a utility service agreement addressing said terms and conditions. The City will record such agreements in the Public Records of St. Lucie County.

(i)

Payments: Upon an affected multi-family, commercial, industrial, or nonprofit property's connection to the City's water and/or wastewater systems, installment payments addressed in the related utility service agreement will be assessed to the service Customer's monthly usage bill, until the principal amount is paid in full. Failure to pay when due may result in the acceleration of the total amount due, interruption of service, and such other remedies as may apply.

(ii)

Delinquencies. In the event of a delinquency or unpaid utility usage or monthly base facility charges on an account having entered into an agreement governing capital charge installment payments to the extent that service is interrupted, the following shall take place:

(a)

Delinquent payments . The city will allow continuation of installment payments on the condition that all past due installment payments are brought current before service is restored.

(iii)

Hardship. Upon demonstration of a financial hardship by the owner of a property upon which a utility service agreement governing the payment of capital charges via installment payments is recorded and on condition that all utility service accounts are current, the Utility Systems Director, or his/her designee, may approve a modification of the terms of the existing agreement.

(Ord. 95-70, passed 11-27-95; Ord. No. 00-92, § 1, passed 9-25-00; Ord. No. 00-120, § 1, passed 1-22-01; Ord. No. 01-10, §§ 1, 2, passed 2-26-01; Ord. No. 05-03, § 2, passed 3-28-05; Ord. No. 05-74, § 1, passed 5-9-05; Am. Ord 08-89, § 1, 10-13-08; Ord. No. 14-28, § 24, 5-27-14; Ord. No. 16-04, § 1, 4-11-16)