§ 122-56. Termination of service.

(a)

The county will provide for orderly expansion of facilities and regulation thereof in a manner calculated to ensure continuous service to all customers. Inherent in this obligation is the governmental prerogative of necessity to terminate consumption which is adverse to the continuous, orderly and uninterrupted operation and maintenance of its utility service. Accordingly, the county reserves the right by unilateral act in its sole discretion to refuse service, or to terminate service temporarily, or to discontinue service in all instances when conditions exist which would constitute an emergency of public concern, when the providing of any service would constitute a threat to the safety, health or welfare of customers generally or a significant portion of the customer population, or when a customer does not comply with the terms of service. When discontinuance or termination of service can be remedied by an act of the customer, the county shall provide notice of remedial action to the customer in order that service may be continued uninterrupted. Acts considered to be remedial by the customer, and for which service may be terminated or interrupted, are the following:

(1)

Failure to pay required deposits for service, service fees, fines or reimbursement charges.

(2)

Failure of the customer to meet provisions of the developer's agreement or other agreements with the county.

(3)

Failure to correct deficiencies in piping or other components upon the customer's property after reasonable notice thereof by the county.

(4)

Use of service for any other property or purpose than that described in the permit or applications.

(5)

When requested by customer, in which case resumption of service shall be accomplished in accordance with county policy as provided in this article.

(b)

The county reserves the right by unilateral act in its sole discretion to refuse service, to terminate service temporarily, or to discontinue service without notice under the following circumstances:

(1)

Causing, or allowing to exist, a hazardous condition with respect to the location, use of or access to any utility service or component.

(2)

Alteration or modification of any transmission or metering component or device used in providing any utility service to the customer.

(3)

Total or partial destruction of, or abandonment of, any structure, including any vacancy for a duration which, in the county's opinion, may create a hazardous or unsafe condition or constitute a nuisance.

(Res. No. 86-116, § 26, 8-14-86; Ord. No. 01-10, § 19, 4-5-01)

State law reference

Restrictions on termination of service, F.S. § 125.485.