Customer deposit.
Cape Coral Code of Ordinances § 19-6
in effect§ 19-6 - Customer deposit.
(a) Deposit required. A deposit shall be required of all new customers of the city water, reclaimed water and sewer systems. Deposits shall be paid to the city by cash, check, money order or credit card. The city shall begin requiring deposits for new accounts that are in the name of the property owner(s) on June 1, 2004; for all new accounts that are in the name of someone other than the property owner(s), the city shall begin requiring deposits for new accounts on April 27, 2004.
(b) New customer deposits are authorized. Amounts will be based upon a utility credit check. The level of Utility credit risk will determine the amount of the deposit due at the time of application for service. The deposit schedule is as established in the utility fees resolution. Actual costs involved with processing a new customer account(s), such as utility credit checks, incurred by the City shall be billed to the utility account.
(c) Exemptions.
(1) a.
A customer who has had a previous account with the city and who is applying for new service must satisfy any outstanding balance owed to the city, including outstanding balances secured by a lien, on any previous account(s) prior to receiving service at a new address. A customer who has had a previous utility account may be exempted from paying a customer deposit if the following criteria are met.
b. The previous account(s) existed a minimum of 24 months immediately preceding application for the new account; the new account requested is in the same name as the previous account and is of the same type; and the customer has not, during the preceding 12 months:
1. Made more than two payments that were received after the due date;
2. Paid with a check refused by the bank;
3. Had utility service discontinued for non-payment;
4. Tampered with a meter; or
5. Used utility service in a fraudulent or unauthorized manner.
(2) Written statement from another utility company. A new customer will be exempt from the customer deposit requirement if the new customer furnishes a written statement from another utility company that previously provided service to the customer, stating that the new customer's account meets the criteria stated in subsection (c)(1) above.
(d) Deposits on existing accounts. The city reserves the right to require a deposit on existing accounts that:
(1) Made more than two payments that were received after the due date in a 12-month period;
(2) Paid with a check refused by the bank;
(3) Had utility service discontinued for non-payment;
(4) Tampered with a meter; or
(5) Used utility service in a fraudulent or unauthorized manner.
(e) Increase in deposit(s).
(1) The city reserves the right to require an increase in a current customer deposit, when an account exhibits any one of the characteristics enumerated in subsection (d)(1—3) above and the current deposit is less than the average monthly billing for the property over the past 12 months. The increased deposit may equal up to the highest monthly bill for the immediately preceding 12 months.
(2) The city reserves the right to require a deposit or an increased deposit to an account when it is determined by the city the meter has been tampered with, or the utility service has been obtained in a fraudulent or unauthorized manner. The total deposit shall be the highest monthly bill for the immediately preceding 12 months or two times the standard deposit, whichever is greater. For accounts that exhibit two, or more, occurrences of either tampering with a meter or obtained utility service in a fraudulent or unauthorized manner, the deposit may be increased up to three times the standard deposit.
(f) Refund of deposits. Refunds of deposits shall be made only to the person who originally made the deposit, except as follows:
(1) Divorce. The customer deposit name may be changed from one spouse to another without the consent of the customer whose name is currently listed on the account if a written, dated, and signed request is made by the spouse who desires the name change and the request is accompanied by a copy of a property settlement agreement or other legally binding document that designates the requesting party as the legal occupant of the residence.
(2) Death. The customer deposit name may be changed to a personal representative with receipt of a copy of the death certificate and letters of administration.
(g) Deposit interest. All deposits will be held in escrow. If the deposit is held in an interest bearing account, interest on the deposit will be credited annually to the utility account for which the deposit is being held. The rate of interest shall be the rate paid by the State of Florida Board of Administration on the local government surplus funds trust investment pool.
(h) Application of deposit. A customer deposit may be applied against any outstanding utility bill on the property. When an account has been terminated and the deposit or balance thereof is unclaimed by the person entitled to receive same, disposition shall be in accordance with the existing laws of the State of Florida relating to unclaimed funds.
(i) Refund of deposit. Deposits shall be credited to the customer at the end of two years provided that the customer has not had service terminated for non-payment; has not issued any checks that were returned by the bank for insufficient funds; and has not had more than one delinquent utility bill within the 12-month period immediately preceding the end of the two year period.
(Ord. 45-04, 4-26-2004; Ord. 33-15, 8-31-2015; Ord. 34-16, § 1, 11-7-2016; Ord. 108-22, § 2, 1-11-2023)
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_S19-6CUDEFetched: 11/4/2026