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Melbourne, FL Water Use Rules: Leak Reporting Duty (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Melbourne Code § 58-137
Excessive-use test
Billed usage 100%+ over 6-month average
Minimum overage
At least 10,000 gallons above average
Filing deadline
Written request within 60 days of bill
Appeal path
Planning and zoning board, 30-day window (§ 58-138)

Summary

Melbourne's city manager is authorized to adjust a water bill for excessive consumption caused by a leak, but only when the situation involves no negligence and the account holder could not fix the leak in time. Section 58-137 defines "excessive consumption" as billed usage at least double the prior six-month average and at least 10,000 gallons above it, with a 60-day filing deadline.

The city manager shall be authorized to provide adjustments to water bills resulting from excessive consumption in special and unique situations not involving negligence and the accountholder is prevented from correcting the leak in a timely manner subject to the following conditions:(1)Excessive water consumption is defined as water consumption where the billed consumption exceeds the average monthly consumption for the previous six months by at least 100 percent and is a minimum of 10,000 gallons above said monthly average.(2)The accountholder shall submit a written request for adjustment within 60 days of the date of the bill for which the adjustment is requested.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 32).

Full Breakdown

Section 58-137 gives the city manager discretion, not an automatic entitlement, to adjust a residential or commercial water bill when a spike in consumption traces to a leak the account holder could not repair "in a timely manner" and that did not involve negligence on the customer's part. The section sets a two-part numeric test for "excessive water consumption": the billed usage must exceed the average of the previous six months by at least 100 percent, and the overage itself must be at least 10,000 gallons above that six-month average. Both conditions must be met before the city manager will consider a credit.

The account holder carries the burden of acting fast: Section 58-137(2) requires a written adjustment request within 60 days of the date of the bill showing the excessive consumption, or the adjustment right lapses. Section 58-12 cross-references this leak-adjustment standard, authorizing the city manager to grant broader relief only when a customer's situation falls outside the specific criteria of Section 58-137 or its sewer-bill counterpart, Section 58-243(d), which applies the identical 100-percent test to sewer charges caused by leaking service lines, defective fixtures, or pool filling.

A customer who disagrees with the city manager's adjustment decision is not without recourse. Section 58-138(b)(1)d. lists a "determination by the city manager as to any adjustments made to water bills based on excessive water consumption as provided in section 58-137" as an appealable decision, and the appeal goes to the planning and zoning board within 30 days of the determination.

Violations & Fines

There is no penalty for having a leak; the risk is procedural. Missing the 60-day written-request deadline in Section 58-137(2), or failing to meet both the 100-percent and 10,000-gallon excessive-consumption thresholds, forfeits the adjustment and leaves the full bill due. An adjustment denial can be appealed to the planning and zoning board within 30 days under Section 58-138.

Frequently Asked Questions

How does Melbourne calculate an 'excessive consumption' leak adjustment?
Section 58-137(1) requires two things at once: the billed consumption must exceed the average of the previous six months by at least 100 percent, and the overage itself must be at least 10,000 gallons above that six-month average. Falling short of either threshold disqualifies the account from an adjustment.
How long do I have to request a Melbourne water leak bill adjustment?
Section 58-137(2) gives the account holder 60 days from the date of the bill showing the excessive consumption to submit a written adjustment request to the city. There is no provision for a late request, so missing the window forfeits the credit.
Can I appeal if Melbourne denies my water leak adjustment?
Yes. Section 58-138(b)(1)d. makes the city manager's decision on a Section 58-137 leak adjustment an appealable determination. The appeal goes to the planning and zoning board and must be filed within 30 days of the decision being rendered.

Sources & Official References

Other rules in Melbourne

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