§ 37-3. General.

(a)

Water service, wastewater service, and reclaimed water service provided by the county; county service area.

(1)

The county has the authority, as specified in Florida Statutes and Special Acts, and the Orange County Comprehensive Plan, to provide water, wastewater and reclaimed water services. The county hereby designates all unincorporated areas of the county and those areas within municipalities served or planned to be served by the county under the terms of an agreement, as the Orange County service area for the provision of water, wastewater and reclaimed water services, except for unincorporated areas of the county that are served by a municipality under the terms of a territorial agreement, or are within a PSC certificated utility's service area.

(2)

The county has the authority to construct, purchase, accept, reconstruct, own, operate, maintain and control all aspects of the water, wastewater and reclaimed water systems as necessary to provide water, wastewater and reclaimed water services to its customers. Connections to and extensions of the utility system shall be in accordance with the Orange County Land Development Code and the Orange County Comprehensive Plan.

(3)

The board has determined that the beneficial use of reclaimed water is necessary and in the best interests of the citizens of the county. It is intended that this article will accomplish the objectives of providing for the safe and beneficial use of reclaimed water to protect the environment and conserve Florida's limited potable water supplies.

(b)

Rates, fees and charges; discontinuance of service for nonpayment. The board has the authority under Florida Statutes to establish and collect rates, fees and other charges for water, wastewater and reclaimed water services provided by the county, and to establish and collect charges and fees for making connection to the water, wastewater and reclaimed water systems. The board has established and may modify such rates, fees and charges by resolution of the board.

Utility services may be discontinued for nonpayment of bills in accordance with county administrative regulations, bond covenants and F.S. § 153.12. Where the county is the provider of wastewater service, but is not the provider of water service, the county may, in accordance with the requirements of F.S. § 153.12, shut off water service to premises for nonpayment of wastewater services.

(c)

Lien for charges. In the event that the rates, fees or charges for the services and facilities of the county water, wastewater and/or reclaimed water system are not paid when due, any unpaid balance thereof and all interest accruing thereon shall be a lien on any parcel or property affected thereby. Such liens shall be superior and paramount to the interest on such parcel or property of any owner, lessee, tenant, mortgagee, or other person except the lien of county taxes. In the event that any such rates, fees or charges are not paid when due, the unpaid balance thereof and all interest accrued thereon, together with attorney's fees and costs, may be recovered by the county in a civil action, and any such lien and accrued interest may be foreclosed or otherwise enforced by the county in a civil action or suit in equity.

(d)

Rules, regulations, and policies. The board may adopt rules, administrative regulations and policies as necessary to effectively implement the intent of this article, and to effectively and efficiently provide water, wastewater and reclaimed water services. The director shall have the authority to establish, modify, implement and enforce processes and procedures necessary to effectively and efficiently provide water, wastewater and reclaimed water services in accordance with the provisions of this article.

(e)

Agreements. The board has the authority to enter into agreements with developers or other entities addressing specific requirements for constructing improvements to, extending, oversizing, or connecting to the OCU water, wastewater and reclaimed water systems.

(f)

Special assessments. The county may provide for the construction or reconstruction of water, wastewater or reclaimed water systems and may levy special assessments upon benefited property pursuant to this Code of ordinances or state law.

(g)

Collection of utility service fees and charges by outside billing services. The board has the authority to enter into contracts with public or private parties, and to authorize such parties as its agent to provide billing services and to collect charges, fees and deposits on the county's behalf.

(h)

No tampering or unauthorized connections allowed. For the purpose of this article, "tampering" shall include, but is not limited to, opening or closing of valves; causing water, wastewater, or reclaimed water to flow from or into the utility system; introducing unauthorized substances into the utility system; performing unauthorized work on the utility system; constructing unauthorized extensions, alterations, connecting to or disconnecting from the utility system; altering meters; removing or altering backflow preventers; engaging in unauthorized sale, use or disposition of utility services, or in any way injuring or otherwise interfering with the utility system.

It shall be unlawful for any person to tamper with the water, wastewater or reclaimed water systems.

Any person or entity tampering with OCU's utility system may be subject to charges, fees or fines as specified in county ordinances, administrative regulations, state law, or federal law. Any person or entity tampering with the utility system may be subject to immediate discontinuance of service.

Any person or entity tampering with the utility system shall be required to reimburse the county for any expenses incurred by the county as the result of such tampering or damage to county property, including, but not limited to, administrative costs, costs to physically correct the tampering, damages to the utility system resulting from the tampering, testing, inspections, attorney's fees, collection costs and court costs. In addition, tampering may result in appropriate criminal prosecution by the county. Any person or entity responsible for tampering with the utility system for the purpose of obtaining unauthorized services shall be billed for costs incurred to OCU for services used or imputed to be used, and if such sum is not paid within forty-five (45) days, the property affected thereby may be assessed for presumed use of services and related fees and charges.

(i)

Bond issues. The board has the authority to issue revenue bonds, including refunding bonds and bond anticipation notes, to pay for all or part of the cost of construction, purchase, reconstruction, or installation of the water, wastewater or reclaimed water systems. Such bonds shall be authorized by resolution of the board in accordance with state law and Orange County best management practices applicable at the time of issuance of the bond.

(j)

Restriction of connections. OCU retains the right to limit or restrict new connections to the water, wastewater and reclaimed water systems in response to circumstances such as, but not limited to, failure of or damage to system components, emergency situations, or regulatory limitations on expansion. The director may institute a permitting system or other procedure to allocate services under such circumstances.

(k)

Enforcement. This article and all related regulations, policies and service agreements are enforceable according to the remedies provided by county code and the laws of the State of Florida. Such remedies include, but are not limited to, civil fines, interruption or termination of utility service, injunctive relief, processing violations through the county code enforcement board, or other remedies detailed in chapter 1, section 1-9, and chapter 11, sections 11-37 and 11-65 of this county code.

(l)

Applicability. This article shall apply to all entities within designated county water, wastewater and reclaimed water service areas. This article shall apply to all entities to whom the county renders service. As a condition of receiving utility services, such entities agree to comply with all provisions of this article.

(Ord. No. 2012-08 , § 1, 4-3-12; Ord. No. 2017-16 , § 2, 8-29-17, effective 1-1-18)