Sarasota County Backflow Prevention Test (Failure) (North Port, Venice: 2013, renter, lawyer)

[wondermint2]

Recently there has been a lot in the news about how Sarasota County botched up the water bills for Sarasota County residents because of the "Backflow Prevention Tests".

Yesterday there was a hanger on my door from Sarasota
County about the "Backflow Prevention Test". Actually on the top it
says "Failure Notification".

It says:

"Repairs needed. Certified annual test indicates backflow preventer is
not within specified tolerances. Please make necessary repairs to your
backflow prevention assembly. You have 30 days from 7/11/2013 to
comply with Ordinance 2007-093.

Sarasota County does not offer repair service or referrals. The above
ordinance requires the testing contractor to provide a brief
description of the failure and their total cost to repair or replace
and certify your backflow preventer. You have the option to use the
testing contractor by contacting them directly or to hire a contractor
of your choice. When hiring a backflow contractor please send the
original certified passing test form to:

Sarasota County - Backflow
1001 Sarasota Center Blvd"

There is also a Description of Failure and the Testing Contractor's Quote for repair or replace new.

So to get to the point I currently rent a house and the water bill is in my name. There is nothing in the lease about I'm supposed to be responsible for major plumbing repairs. So I'm assuming this is the responsibility of the landlord.

But my question is this: If the landlord doesn't get it fixed within the 30 day time limit - will Sarasota County try to bill me for this (since the water bill is in my name)? Or will they do the right thing and try to collect from the owner? Could they shut off my water?

Seeing how Sarasota County has previously totally botched the backflow testing and billing for numersous residents - I'm concerned if my landlord doesn't pay to get it fixed - Sarasota County will take the easy way out and try and "lean" on me for the repair.

Any thoughts on this?

[blueherons]

Did you try calling the water company and asking them?

[wondermint2]

Originally Posted by blueherons

Did you try calling the water company and asking them?

No I haven't called yet. But according to the Sarasota County ordinance 2007-093 (see link below) it seems to indicate that the "water customer" is responsible for the repair:

https://www.scgov.net/Backflow/Docum...nce.pdf‎

This doesn't seem fair to me because the backflow preventer is the property of the owner. And generally speaking the landlord is always responsible for major plumbing repairs. Just another example of the "backward thinking" lazy folks that run Sarasota County - It's easier to just go after the person whose name is on the water bill....Nevermind that it's a nonsensical way to conduct business.

In researching this with other cities the results indicate that most cities state the owner is responsible for repairs, while some say the water customer, and some say the water purveyor. But most seem to indicate that it's the owner's responsibility.

In the city of Venice, FL and North Port, FL the owner is responsible. Also in Longboat Key the owner is responsible. However I live in unincorporated Sarasota County.

[wondermint2]

As you can see from the following link at least the city of North Port got it right and puts the responsibility of the backflow preventer on the owner:

North Port, FL : FAQ's

[wondermint2]

Such a well-run government Sarasota County is. Very organized and very efficient:

http://www.heraldtribune.com/article...te=printpicart

[wondermint2]

Lyons: Sarasota utility billing fiasco has fallout | HeraldTribune.com

[wondermint2]

OK for those that are interested here is the backflow preventer ordinance for the city of Sarasota:

ORDINANCE NO. 09-4898 AN ORDINANCE OF THE CITY OF SARASOTA, FLORIDA, AMENDING CHAPTER 37, ADDING ARTICLE V, CROSS CONNECTION CO

It looks like the rules for the city of Sarasota are about the same as for Sarasota County. Both state that the repair of the backflow preventer is the responsibility of the "water customer".

But IMO their definition of the term "water customer" is ambiguous (as it can imply the owner or the actual user of the water). Here is the exact definition of "water customer" copied & pasted from the Sarasota ordinance:

**"Water Customer. All persons, firms, associations, corporations or other legal entities who own, operate or install within the City of Sarasota a direct or indirect connection to the City's public water system. Sec.37-92. "**

Is this definition of "water customer" clear to any of you? Maybe it's up to the lease between the renter & landlord?

Non-compliance will result in the water being shut-off - plus a fine of up to $500. Then if water is shut-off there are more fees involved to get it turned on again.

The fact that Sarasota County just puts hangers on doorknobs of houses that fail the inspections (instead of directly notifying the actual owner) - makes it kind of seem that the actual water user is being held responsible.

[motordavid]

Probably closed today, (Sat), but I would call them Monday and get their interpretation on 'water customer'...
No lease expert, but my guess is it's the landlord's problem, as his rental to you assumes water/sewer availability, which you the tenant, may be responsible for paying, as in the 'water bill', but not repairs to water/sewer lines.
My 50Cts.
GL, mD

[wondermint2]

Originally Posted by motordavid

Probably closed today, (Sat), but I would call them Monday and get their interpretation on 'water customer'...
No lease expert, but my guess is it's the landlord's problem, as his rental to you assumes water/sewer availability, which you the tenant, may be responsible for paying, as in the 'water bill', but not repairs to water/sewer lines.
My 50Cts.
GL, mD

Thanks for your opinion. Yes I will call on Monday.

But the thing of it is by placing the hanger (notice) on the water user's door - and not sending a letter to the owner - Sarasota is more or less putting the onus on the water user to make sure that it gets taken care of one way or the other. This is because if the repair is not made - the user's water is shut off. So if for whatever reason the landlord doesn't do it - the tenant gets stuck without water.

And then there is also the issue of the $500 fine.

*Note: I will also mention that every month on my water bill there is a $2.53 charge for the annual backflow test. I believe the user/owner/customer (whatever terminology you call it) can elect to have their own certified plumber do the test annually - or just opt to let Sarasota County handle it. So really then shouldn't this annual test also be the landlord's responsibility? Seems not since Sarasota County just breaks it down to a monthly charge of $2.53 and it goes on MY WATER BILL. It was a small amount so I never really worried much about it.

If they throw the annual backflow test fee onto the USER's bill - then IMO that would kind of tend to indicate that a failed test will also be the water user's responsibility to repair. Or "to see that it gets repaired one way or the other".

But if a landlord refuses to cooperate - than what recourse would a tenant have? The repair costs $150. By the time I hired a lawyer it wouldn't be worth my while.

[photoman_6]

gee, i don't know, maybe a conversation with the landlord might clear up all your problems? Try that first.