771ORDINANCE NO.771
AN ORDINANCE REQUIRING CONNECTION WITH THE MUNI-
CIPAL SEWER SYSTEM, PROMULGATING DEFINITION AND
CLASSIFICATION, PROMULGATING RATES TO BE CHARGED
THEREFORE, OUTLINING MEAN OF ENFORCING PAYMENT
FOR SEWER SERVICE, PROMULGATING REQUIREMENTS FOR
CONNECTION TO THE MUNICIPAL SEWER SYSTEM SETTING
FORTH MAINTENANCE REQUIREMENTS, PROHIBITING FREE
SEWER SERVICE, AND PROMULGATING PENALTIES FOR VIO-
LATIONS THEREOF, PROVIDING AN EFFECTIVE DATE THEREFOR
BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGE -
WATER, FLORIDA:
Section 1. CONNECTION WITH SEWER REQUIRED. The owner of each
lot or parcel of land within the City of Edgewater, Florida, hereinafter called
the "City", upon which lot or parcel of land any building, or trailer used as a
dwelling, or occupied or to be occupied by human beings, is now situated or
shall hereafter be situated, for either residential, commercial or industrial
use, shall connect or cause such building or buildings or trailer or trailers,
to be connected with the public sewer facilities of the conbined waterworks
and sewer system of the City and use such facilities, within three months after
notification to do so by the Clerk of the City. All such connection shall be made
in accordance with the rules and regulations which shall be adopted from time
to time by the City Council of said City, which rules and regulations shall pro-
vide for a charge for making any such connections in a reasonable amount as
said Council may fix and determine. Provided, however, that no connection
or connections shall be required where said sewer system or line is more
than one hundred feet from such lot or parcel of land; and provided further,
that no person shall be required to cross the private property of another to
make such sewer connection or connections.
Section 2. CONNECTIONS MAY BE MADE BY CITY. If any such owner of
any lot or parcel of land within the City shall fail and refuse to
connect with and use the facilities of the sewer system of the City
after notification by the City Clerk, as provided in Section 1 hereof,
then the City shall be authorized to make such connections, and may
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enter on or upon any such lot or parcel of land for the purpose of
making such connections. The City shall thereupon be entitled to
recover the cost of making such connection or connections, together
with reasonable penalties and interest and attorney's fees, by suit
in any court of competent jurisdiction. In addition, and as an
alternative means of collecting such cost of making such connection
or connections, the City shall have a lien on such lot or parcel of
land for such cost, which (Ilea shall be of equal dignity with the lien
of state and county and municipal taxes. Such lien may be foreclosed
by the City in the same manner as provided for by the laws of Florida
for the foreclosure of mortgages upon real eestate.
Section 3. DEFINITIONS AND CLASSIFICATION OF SEWER SERVICE.
A. Definitions
1. Sewer Siervices
Each account for which a separate periodic biilling is
made by the City shall constitute a sewer service.
2. FamilyDwelling Unit
Each building or part of a building containing a
kitchen, bath and living area designed or designated
for the use of a single individual or family shall
constitute a family dwelling unit.
3. Single Family Residence.
A single family residence is defined as a building
or part of a building containing one family dwelling
unit and provided with a separate sewer service.
4. Multiple Family Residence.
A multiple family residence is defined as a building
or buildings including apartment, and condomium
buildings, containing two or more family dwelling
units using a common sewer service.
5. Hotels and Motels.
Commercial enterprises offering rooms or suites for
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rent, holding a valid occupational license as a hotel
and/ or motel and operating under the jurisdiction of the
State Hotel Commission shall be eligible for the hotel -
motel rate.
6. Additional Hotel or Motel Unit.
Each room or suite which can be or is ever rented as a
separate rental unit in excess of one shall be taken
as an additional hotel or motel unit.
7. Trailer Park.
Commercial enterprises which file a state board of health
approved plot plan with she city, operate under a valid
state board of health permit and hold a current
occupational license for operation as a trailer park
shall be eligible for the trailer park rate. Lacking
satisfaction of any of the above conditions or upon
finding that spaces have :-been added without so advising
the City, the City may, for billing purposes, consider
each trailer space as an additional family dwelling -unit
in a multiple family residence." a trailer park owner
does not comply with this requirement then the trailer
park shall not be eligible for trailer park rates.
8. Trailer Space.
Each plot or lot shown as available for occupancy by
a trailer on the state board of health approved plot
plan or lacking such plot plan, each Clot or lot
found existing on the ground upon physical inspection
small be considered a trailer space.
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B. Type of Sewer Service and Charge Therefor
1. Residential
A. Single Family - $3.50 per month.
B. Multiple family - $3.50 per month for each dwelling unit.
2. Trailer Parks Hotels and Motels
A. First Hotel, motel, or trailer park unit or space - $3.50
per month.
B. Each additional unit or space - $1. BO per month, whether
occupied or unoccupied.
3. Commercial and Industrial
A. Up to 5 employees - $5.00 per month
B. 6 to 10 employees - $7.50 per month
C. 11 to 15 employees - $10.00 per month
D. 15 or more employees - $12.50 per month
4. Schools
A. Public or Private Schools
Public or private schools, $ .10 per month per day student
and/or faculty member and $1 .00 per month per boarding
student and/or boarding faculty member.
5. Public Buildings - $5.00 per month.
6. Other
Rates to be charged for service types not specifically included
in the above shall be established by the City Council as the need
for such other rates occur.
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C. Application of Sewer Service Charges
1. Improved Properties
A monthly sewer service charge shall be due and payable on
account of all buildings, including all occupancy units and trailer
places within the City limits to which sewer service is available
whether connected or not.
2. Combination Services
In cases where there is a combination of varied classes of customers
in a single building or group of buildings or tract or group of parcels
or tract under one ownership, a determination of the varied classes of
customers shall be made and a total charge based on a combination of
the preceding rates shall be levied.
3. New Improvements
A monthly sewer service charge shall be due and payable on account of
new property improvement as of the time that an occupancy permit is
issued for the improvement.
4. Improvement Razed, Destroyed or Abandoned
The monthly sewer service charge shall be removed from property
only upon submissionof evidence which is, in the opinion of the
City building and plumbing inspector, adequate to establish that the
improvement upon said property has been razed, destroyed or abandoned.
S. The City sewer system or lines shall be considered as being
available to any owner of property where such property is situated
within 100 feet of any sewer line or main, and it is not necessary
to cross the private property of another to make connection thereto. Sewer
service shall be considered as being available to a plot or lot or pad in
a trailer park when sewer service is capable of being used by any trailer
occupying the said plot, lot or pad.
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Section 4. NEW CONNECTIONS. Where a connection is made as contemplated
in Section 1 hereof, there shall be a connection charge of $75.00. Where the
person requesting such connections as contemplated in Section 1 hereof is a
subdivider or a developer of a subdivision, then the connection charge above
referred to may be waived by the City provided that the subdivider or developer
installs at his own expense the wye connection and the necessary service pipe
to bring the service to the property involved and provided further that the said
wye connection and the said necessary service pipes and the installation
thereof are approved by the City engineer, but provided further, however,
that the City reserves the right to enter into such contract or contracts or agree-
ment or agreements with the subdivider or developer as the City Council may
teem advisable or in the best interest of the people.
Section 5. EXTENSION OF SEWER SERVICE.
A. When an extension to the sewer service system is requested inside the
city limits on existing dedicated streets, the following extension policy applies:
When sewer service is requested beyond the limits of the present sewage
system, the water and sewer department will install an adequate main or pipe,
the size and diameter to be determined by the City engineer, to the property
if the property is located within 100 feet from the present sewer main or pipe,
provided, however, this extensionpolicy shall not apply to property located
outside the city limits. When more than 100 feet of sewer pipe or mains are
required, the person requesting the service will pay all costs in connection
therewith, except for the first 100 feet which shall be paid for by the water
and sewer department. The cost of such extension shall be calculated upon
the basis of an 8" pipe or main being used, whether an 8" pipe or main is
used or not. The City agrees to reimburse the person requesting such
service in an amount equal to 207, of the amount of their annual sewage bill,
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and in addition, 2097, of the annual sewage bill of such person as may from
time to time connect to the City sewage system between the point of connection
to the main and thepoint of his service, provided that these payments shall
be made only until the costs therefor have been reimbursed in full or for a
short period not exceeding ten years, and provided further that the sewer
service and appurtenances shall become and remain the property of the
water and sewer department at the date of original construction.
B. When extension of the sewage system is requested to serve a proposed
subdivision inside the city limits, the following extension policy applies:
The City shall have the option of entering into a contract or agreement with
the subdivider or developer upon whatever terms and conditions the City
Council may deem advisable or in the best interest of the public and shall
have the option of requiring the subdivider or developer to furnish and install
at his own expense an adequate sewage system and necessary appurtenances
thereto where connection to the City supply is available. In case the latter
option is exercised by the City Council, the subdivider or developer shall
have plans and specifications prepared by a registered professional engineer
showing the proposed facilities. Such plans and specifications shall meet
the approval of the Florida State Board of Health and there shall be approval in
writing by the city,'s consulting engineers. All contracts for the
installation of said sewage system shall be first approved by the city
before such installation is made. The city shall refund annually to the sub, -
divider or developer an amount equal to 21, of the charge for sewage
service of said sewage system until an amount equal to the cost cf installing
said sewage system has been refunded, or for a period of ten years from
the date of acceptance and approval by the city and the connection to the
distribution system of the city, whichever occurs first.
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The entire sewage system and all appurtenances thereto so installed
shall be and at all times remain the property of the city. Any of the
foregoing rebates are subject to any prior first claims against the
revenues of said sewage system.
Section 6. UNLAWFUL CONNECTION. No person shall be allowed
to connect into any sewer, owned by the city, without the written
consent of the city, by and through its building and plumbing inspector,
and then the connection with such sewer shall be made only under the
direction and supervision of the city.
Section 7. FURTHER REQUIREMENTS ON CONNECTION. No person, group
of persons, firm or corporation shall build or remodel or cause to be
built or remodeled any structure used for himan habitation or occupancy
within the city which is within 100 feet of a public sanitary sewer line unless
it is provided with water -carriage sewer facilities.
Section 8. CONNECTING OLD PLUMBING. Whenever it is desirable to
connect old plumbing with city sewer mains the owner or plumber
contemplating doing such work shall notify the city plumbing inspector.
who will inspect said old plumbing and notify the owner or plumber
what alterations will be necessary to place :said old plumbing in
acceptable condition for connection with the sewer mains. Any owner
or plumber who shall make such connection without the approval of the
plumbing inspector shall, upon conviction, be subject to the penalties
hereinafter provided.
Section 9. SANITARY REQUIREMENTS. Every residence and building in
which human beings reside, occupy, or are employed or congregated shall
be required to have a sanitary method of disposing of human excrement,
namely, either a sanitary water closet that is connected with the city sewer lines
or any approved type of septic tank.
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Section 10. DISPOSAL REQUIREMENTS. It shall be unlawfu 1 for any
person, persons, firm or corporation owning or leasing any premises
in the city to permit disposal of any human exrement on any property
leased or rented by such person, persons, firm or corporation or the
agent of any such, except in a sanitary water closer where sewage lines
are available as defined above.
Section 11. SEPTIC TANK. No septic tank other then those approved by
the state board of Health shall be constructed within the corporate limit
of Edgewater, Florida, and in no case shall be constructed within the
corporate limits of Edgewater, Florida where the property is within 100
feet of city sewer lines or mains.
Section 12. MAINTENANCE OF SEWER SYSTEM. The owner of the property
shall be responsible for maintaining and keeping clean the sewer pipe
leading and connecting from the plumbing system to the city main sewers
or lines, up to the point of his property line.
Section 13. PAYMENT OF FEES AND BILLS REQUIRED. Bills for the
monthly sewage disposal charges hereinbefore mentioned shall be submitted
and shall be paid monthly along with the monthly water charges where city
water is furnished. Ifany monthly bill for sewage siisposal service
shall be and remain unpaid on and after thirty days from the date of
submission of said bill for such service, a penalty of 10% of said bill
shall be imposed and shall be added to this bill, and , if said bill shall
be and remain due and unpaid for a period of c&'iftty days from the date of
this bill, the water service to the consumer shall be discontinued and shall not be
re -connected vintil all past due water bills and sewage disposal charges are
fully paid, together with a re -connection charge of $5, which said $5 re-
connection charge or fee shall be in addition to any re -connection charges or
fees imposed for the connection of water service.
Section 14. COLLECTION OF FEES WHERE OWNER HAS PRIVATE WATER
SUPPLY. Where sewage disposal fees are not paid in accordance with the
provisions outlined above, and in those instances where the owner has
his own private water supply, the city shall have the right to cut off
such water supply to the plumbing system, and the owner shall have no
right to re -connect his own private water supply until the sewage disposal
fee or charge shall have been paid in full. Any violation of this provision
by re -connecting his private water supply, until such sewage disposal fees
kr charges are paid in full, shall be considered a violation of this ordinance
and shall subject that person to the penalties hereinafter mentioned and
provided.
Section 15. FAILURE TO MAINTAIN PLUMBING SYSTEM. Failure
to keep the sewer pipe clean and maintained in a proper manner, to -wit:
the pipe leading from the plumbing system to the property line of owner
will give the city the right to cut off the water connection which shall not be
re -connected until the sewer pipe is cleaned and maintained properly. In
those instances where the owner has his own private water supply, the city
shall have the right to cut off such water supply to the plumbing system,
and; the owner shall have no right to re -connect his own private water supply
until the sewer pipe leading from the plumbing system to the city main or line has
been maintained and cleaned in a proper condition. Any violation of this
provision by re -connecting his private water supply or the connection from
the city water main or line, until such sewer pipes are cleaned and
maintained properly, shall be considered a violation of this ordinance and
shall subject that person to the penalties hereinafter provided.
Section 16., NO SERVICE FREE. No sewage disposal service shall be
furnished or rendered free of charge to any person, firm or corporation
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whatsoever, and the City and each and every agency, department or
instrumentality which uses the sewage disposal service shall pay therefor
at the rates fixed by this ordinance.
Section 17. SEPARATE CONNECTION FOR EACH SEPARATE UNIT, Each
occupancy unit, whether separate or incorporated into a building containing
more than one unit, shall be considered a separate occupancy unit for the
payment of the water fees and charges and sewage disposal fees and charges,
unless hereinbefore provided to the contrary.
Section 18. PENALTIES. Any person, firm or corporation violating any
of the provisions of this ordinance shall, upon conviction thereof for each
such offense, be subject to a fine of not to exceed $300 or by imprisonment
not to exceed ninety (90) d mys,or by both such fine and imprisonment in
the discretion of the Municipal judge. Any failure or refusal by an owner
to connect to the City sewer system upon notification to do so, as hereinabove
provided, or any failure or refusal to pay the charges or rates hereinabove provide(
shall be construed to be a violation of this ordinance.
Section 19. SAVING CLAUSE. If any one or more of the covenants,
agreements or provisions of this ordinance should be held contrary to any
express provision of law, though not expressly prohibited, or against public
policy, or shall for any reason whatever be held invalid, or unenforceable,
then such covenants, agreements or provisions shall be null and void and shall
be deemed separate from the remaining covenants, agreements or provisions
of this ordinance, which remaining covenants, agreements or provisions of this
ordinance shall remain in full force and effect.
Section 20. That all Ordinances or parts of Ordinances and all Resolutions
or parts of Resolutions in conflict herewith be and the same are hereby
repealed.
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Section 21 . That this Ordinance shall take effect immed&-Aeiy upon 'Ift.4 �j /7)2
its adoption by the City Council and approval by the Mayor.
The above Ordinance was read in full and passed by vote of the
City Council of the City of Edgewater, Florida at a regular meeting
of the said Council held on the 21st day of August, 1972.
Upon motion duly made, seconded and carried, the requirement
of reading said Ordinance upon second reading was waived and the
Ordinance was put upon final passage.
Passed by vote of the City Council of the City of Edgewater,
Florida at a regular meeting of said Council held on the 21 st day of
August, 1972, and approved as provided by law; the vote of said
Council upon roll call being as follows:
CATTEST:
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City Clerk
Approved this 21st day of
August, A.D. 1972.
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This Ordinance was prepared by:
Joseph E. Weaver, City Attorney.
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