§ 32-101. One-Time Lifetime Credit for Customers.

(1)

The Director of the Miami-Dade Water and Sewer Department is hereby given discretion to provide a one-time lifetime billing adjustment to a customer who disputes a high bill that is not the result of a concealed or visible leak. The Director's discretion to grant such a credit will be based on his assessment that there are extreme circumstances affecting the customer's account that merit a credit. If awarded, similar to the credit provided in the Department's Rules 2.10(1)(e) and 3.10(1)(e), such credit will be a 50 percent credit to the water portion of the customer's high bill above the customer's last yearly average consumption and a 100 percent credit to the sewer portion of the customer's high bill above the customer's last yearly average consumption.

(a)

For purposes of this section, the term "extreme circumstances" is defined as those situations in which a customer receives a bill that exceeds six (6) times the past year's average, as applicable, monthly or quarterly consumption but is unable to show the Department that the high bill is due to a leak, concealed or visible, and cannot otherwise explain the high water bill.

(2)

In order to be considered for the one-time lifetime billing adjustment that the Director of the Miami-Dade Water and Sewer Department has been given discretion to grant, a customer seeking a one-time lifetime adjustment for extreme circumstances must be in good standing with the Department.

(a)

For purposes of this section, a customer in "good standing" is defined as a customer who has not had the water disconnected for nonpayment or his/her account placed in collection during the previous 12 months.

(b)

In order to request a one-time lifetime billing adjustment, a customer must submit their request on a form proscribed by the Department; and must provide the Department with a notarized affidavit stating that a licensed plumber has checked the residence (inside and out) for leaks (both concealed and visible); that the customer did not leave a hose running inadvertently or otherwise allow water to flow for any period of time; and that there have been no changes in water usage within the household during the billing period (i.e., new landscaping, guests visiting, major household repairs or construction that required increased water usage, problems with one's pool or sprinkler system, or water theft). Additionally, the customer's licensed plumber must also execute the notarized affidavit before the customer submits it to the Department for consideration for a one-time lifetime adjustment.

(3)

The Department shall keep track of adjustments to ensure that a customer receives only one lifetime adjustment based on extreme circumstances.

(a)

For residential customers, only one lifetime adjustment will be available to the property owners based on the name(s) appearing on the deed; thus, if there is more than one property owner reflected on a deed, only one lifetime adjustment will be available to the deedholders collectively.

(b)

In the case of renters, the one-time lifetime adjustment is limited to one per person for their lifetime regardless of where they are residing. Individuals who have received a one-time lifetime adjustment while renting will not be entitled to any further adjustments under this section, even if they subsequently become property owners or relocate to a different rental property.

(c)

With regard to commercial entities (corporations, LLCs, partnerships, etc.), each commercial entity and all related parties will be limited to one lifetime adjustment collectively in the commercial context. For purposes of this section, "related parties" shall mean entities, their principals, corporate officers and managers that have a direct or indirect ownership interest in another entity. Notwithstanding the foregoing, no more than one lifetime adjustment may be awarded in connection with a commercial property every five years regardless of what commercial entity occupies the property.

(4)

The Department will provide a report to the Board of County Commissioners on a quarterly basis, which sets forth a detailed accounting of the one-time lifetime adjustments under R1164-04 and this section of the Code per year.

(5)

Nothing in this section shall affect the Department's Rules and Regulations that address the procedures and credits allowed when a concealed or visible leak has been discovered in connection with a single-family residential customer's account.

(Ord. No. 11-98, § 1, 12-6-11)