Billing, procedures and delinquent bills, liens.
Cape Coral Code of Ordinances § 19-17
in effect§ 19-17 - Billing, procedures and delinquent bills, liens.
(a) Bills are due when rendered, and if not paid within 20 days thereafter, become delinquent, and water, wastewater and irrigation service may then be discontinued on the date indicated on the bill, which date shall not be less than 45 days from the date the bill was rendered. Prior to any disconnection of water, wastewater or irrigation service, the occupant(s) of the premises shall be given written notice of the city's intention to disconnect service for non-payment. Written notice may include electronic notification, to include, but not be limited to, email or text messages. The notice shall also advise the occupant of the process for disputing the bill. At anytime prior to the date indicated on the bill for termination of service, a customer or occupant wishing to challenge a disputed bill may do so at the Financial Services Department. A designated employee will hear the customer's complaint and make a determination as to whether or not the customer has been correctly billed. If service is disconnected for non-payment, service will be resumed only upon payment of all past-due bills and penalties, together with a reconnect charge adopted in the rate resolution. There shall be no liability of any kind against the city by reason of discontinuance of water, wastewater or irrigation service to the customer for failure of the customer to pay the bills on time.
(b) After an account has been delinquent for 20 days or more and the city has made reasonable efforts to collect the delinquent account, the city may remove the water meter. When the meter is reinstated, the city shall charge the normal installation fee.
(c) For owner accounts that are delinquent, all amounts due and unpaid for payment of water, wastewater or irrigation water shall constitute a lien on the owner's real property in accordance with F.S. §§ 153.67 and 159.17. Such lien may be perfected, at the discretion of the city, by recordation of a notice of lien by the city in the public records of Lee County, Florida, if the delinquent amount has not been paid in full by the date due as indicated on the invoice. Subsequent liens may be recorded for additional invoices that remain unpaid after the date of any previous lien. The lien(s) shall be of equal dignity with the lien of state, county and municipal taxes. The city may foreclose the lien in the same manner as provided by the laws of Florida for the foreclosure of mortgages upon real property. Should the city elect not to record a lien and pursue foreclosure, such election shall not preclude the city from pursuing other enforcement mechanisms, including, but not limited to, filing suit to collect the delinquent amount, engaging outside collection agencies to pursue payment, and discontinuing service to the account holder's property. All costs and fees associated to either administer the lien process or collection agency, or both, shall be paid by the account holder at the time of satisfaction of the lien, or the collection of the delinquent amount.
(Ord. 63-89, 10-10-1989; Ord. 29-94, 5-9-1994; Ord. 49-96, 9-24-1996; Ord. 52-97, 8-15-1997; Ord. 45-04, 4-26-2004; Ord. 137-04, 11-8-2004, effective date 1-1-2005; Ord. 131-08, 12-8-2008) (Ord. 23-75, § 2(2.16), 5-5-1975; Ord. 97-86, § 1, 1-26-1987; Ord. 131-08, 12-8-2008; Ord. 33-15, 8-31-2015)
Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=CH19WASEUT_ARTIGEPR_S19-17BIPRDEBILIFetched: 11/4/2026