§ 62-44. Enforcement and remedies.

(a)

Violations; enforcement and remedies. It shall be a violation of this policy to fail to fully comply with any provision as may be required herein, the minimum design and construction standards and specifications for wastewater, the KLWTD agreement, and all applicable laws and regulations governing wastewater, including, but not limited to: failure to connect to the wastewater system upon service being available in the manner and within the time prescribed in section 62-1 of this chapter and this policy; failure to pay or delinquency in the payment of any rates, fees, charges, fines, surcharges, repair or maintenance costs when due; violations of conditions of permits issued for connection to the wastewater system; refusal of entry and access to property as set forth in section 62-41 of this policy for the purposes stated therein; and to conduct, commence, or maintain any activity and/or facility prohibited by this policy and applicable laws and regulations. Each violation shall constitute a separate offense. In the event of such violation(s) by an owner or customer, the village shall seek to enforce and compel compliance by any and all available legal or equitable remedies, including, but not limited to the following rights and remedies:

(1)

To inspect all collection and connection installations, facilities and equipment located on owner or customer's property connected to the wastewater system. The village shall have the right, but not the duty, to make initial and periodic testing and inspections on the affected property;

(2)

To conduct sampling, testing, inspections, compliance monitoring, and/or metering of all collection and connection installations, facilities and equipment on the customer's or owner's property;

(3)

To remove, disconnect, service, repair, operate and maintain any wastewater collection or connection installations, facilities or equipment located on property which connect to or tie into the wastewater system;

(4)

To correct and/or repair any violation that occurs on wastewater facilities located on private property, which, in the discretion of the village manager or his/her designee, necessitate emergency action or repairs. The repairs or corrective action may be made by the village, at the cost of the customer and/or owner of the property. The customer and/or owner shall be billed by the village for the actual cost of repairs and corrective action, plus administrative costs and expenses. Failure of customer and/or owner to make payment within 30 days of billing shall entitle the village to place a lien in the public records of Monroe County, Florida on the property for the amount incurred and billed. Said lien may be foreclosed by the village by any means available under Florida law, including in the same manner as provided in the mechanic's lien law of the State of Florida;

(5)

Take any action necessary or incidental to the operation, repair, maintenance, performance, testing, inspection, discontinuance or termination of service;

(6)

Charge and require payment of fines, surcharges, service charges and fees to the village and/or KLWTD per violation for each day that the violation continues;

(7)

Institute code compliance proceedings pursuant to chapter 2, article III, of the village's Code of Ordinances, or such other legal or equitable actions, including but not limited to, administrative or court tribunals; and

(8)

Discontinue or terminate service and/or petition the Florida Keys Aqueduct Authority (FKAA) or other billing contractor or agent engaged by the village, for termination of wastewater service or potable water service.

(b)

Code enforcement and other remedies. Violations of this policy may be prosecuted through the village's code compliance process as specified in chapter 2 of the village Code, through Chapter 162, Florida Statutes, or through any other legal or equitable remedies available by Florida law or any other injunctive relief available to the village through appropriate legal or equitable relief actions in a court of competent jurisdiction to enforce the provisions of this policy.

(c)

Liable for costs and attorney's fees. A violator shall be liable for all costs, including attorney's fees, attributable to any violation of this policy or related laws and regulations governing the use of the wastewater system and for the costs of correcting damages due to such violations. In the event of damage to the village's property or wastewater system which arises out of any act of a customer or agents, employees or independent contractors of a customer, the cost of repairs or replacement shall be the responsibility of the customer and owner, and full payment or reimbursement to the village may be a condition imposed on the customer for commencement or continuation of service. However, payment of these costs shall not relieve the offending person from other civil or criminal penalties which may be applicable.

(d)

Lien rights. The village shall have a lien on all property served or to be served by the village's wastewater system for all rates, fees, charges, fines, surcharges, repairs, maintenance and costs attributable to service to such property or arising out of a duty, liability or violation imposed by this policy until paid, which liens shall be prior to all other liens on such property or property except the lien of the state, county, and municipal taxes and shall be on a par with the lien of such state, county and municipal taxes. Such liens, when delinquent for more than 20 days, may be foreclosed by the village in the manner provided by the laws of Florida.

(e)

Discontinuance of service; shut off. The village manager, or his/her designee, is granted the power to discontinue and shut off the supplying of any or all wastewater service to any customer of the wastewater system for violation of this policy or nonpayment of any rates, fees, charges, fines, surcharges, repair and maintenance costs of the wastewater system. The village will not restore service to such delinquent customer until the violations are remedied and/or all charges with interest at the average rate earned by the village for the period of delinquency have been paid in full.

(f)

Emergency acts.

(1)

Interruption. The village manager or his/her designee may interrupt the delivery of service to any property or property in the event of an emergency, force majeure event, or upon the occurrence of any violation of this policy or applicable laws or regulations. Any such interruption will continue until such time as deemed appropriate by the village manager or his/her designee for resumption of service to the subject property or property.

(2)

Emergency action. The village manager or his/her designee may take whatever emergency action deemed necessary and appropriate to protect persons or property from any injury, loss, or damage which may reasonably be expected to result from such emergency, force majeure event, or a specific violation of this policy or of any applicable laws or regulations. Any person, owner or customer violating this policy or applicable laws and regulations applicable to the wastewater facilities or wastewater service shall be responsible for all damages, losses and costs incurred by the village for any emergency measures performed by or at the request of village manager or his designee as a result of such a violation.

(Ord. No. 14-14, § 3 (Exh. A), 11-6-2014)