2009-O-09
ORDINANCE NO. 2009-0-09
AN ORDINANCE OF THE CITY OF EDGEW ATER
REPEALING AND RESTATING ARTICLE VII (WATER
CONSERVATION STANDARDS) OF CHAPTER 19
(UTILITIES AND SERVICES) OF THE CITY OF
EDGEW ATER CODE OF ORDINANCES IN ITS ENTIRETY;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, has made the following
determinations:
WHEREAS, Article VII (Water Conservation Standards) of Chapter 19 (Utilities and
Services) has not been modified since 2004. This ordinance will be known as the "Landscape
Irrigation Ordinance".
WHEREAS, the St. Johns River Water Management District has responsibility and
exclusive authority under Chapter 373, Florida Statutes, for regulating the consumptive use of water.
WHEREAS, the St. Johns River Water Management District has amended Rule 40C-2.042,
F.A.C., its General Consumptive Use Permit by Rule that regulates small irrigation uses below
consumptive use permit thresholds in Rule 40C-2.041(1), F.A.C.
WHEREAS, Rule 40C-2.042(2), F.A.C. applies to landscape irrigation regardless of whether
the water comes from ground or surface water, from a private well or pump, or from a public or
private utility.
WHEREAS, Rule 40C-2.042(2)(b), F.A.C., strongly encourages a local government to adopt
an ordinance to enforce Rule 40C-2.042(2)( a), F.A.C., within its jurisdiction by adopting a landscape
irrigation ordinance that incorporates each of the provisions set forth in Rule 40C-2.042(2)(a),
F.A.C.
Struck through passage are deleted.
Underlined passages are added.
#2009-0-09
WHEREAS, it is the desire of the City of Edgewater, Volusia County to adopt such an
ordinance in accordance with 40C-2.042(a)(a) and (b), F.A.C.
WHEREAS, the City of Edgewater, Volusia County hereby finds and declares that the
adoption ofthis ordinance is appropriate, and in the public interest ofthe citizens of this community.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida:
PART A.
REPEAL AND RESTATE ARTICLE VII (WATER
CONSERVATION STANDARDS) OF CHAPTER 19
(UTILITIES AND SERVICES) OF THE CODE OF
ORDINANCES IN NITS ENTIRETY FOR THE CITY OF
EDGEW ATER, FLORIDA.
Article VII of Chapter 19 is hereby repealed and restated to read as follows:
ARTICLE VII. WATER CONSERVATION STANDARDS
Sec. 19 90. Levels of water conservation and water shortage.
The city, in order to provide the necessary levels of year round water conservation and
pro'/ide for the most logical transition to a declared "vater shortage, '.vater emergency or the St.
Johns River 'Hater Management District ',vater shortage plan, shall establish the following levels
of '.vater conservation and use:
(a) {Base water conservationlc,d.] Base '.vater conservation level is only for times
v/ith no 81. Johns Ri'/er Water Management restrictions for ',vater conservation
and are as follo'o'/s:
(1) The use ofv/ater for landscape irrigation is allo"ved only during the
following times: three days per weele from 1:00 a.m. to 8:00 a.m. and 4:00
p.m. to 8:00 p.m. (5:00 p.m. to 9:00 p.m. during daylight saving time) for
manual irrigation systems and 4:00 a.m. to 8:00 a.m. only for automatic
irrigation systems. E'/en numbered addresses and residences without
address numbers may ',vater at these times on Tuesdays, Thursdays and
Sundays, odd numbered address on Mondays, 'Nednesday and Saturdays.
On Fridays no watering is permitted.
a. The use of \yater for irrigation from a reolaimed water system is
allo\ved in accordance with the preceding description of base water
conservation provided appropriate signs are placed on the property
to inform the general public and district enforcement personnel of
such use. For the purpose of this paragraph, a reclaimed water
system includes systems in which the primary source is reclaimed
water, w'hich mayor may not be supplemented by water from
another source during peale demand periods. .Additional restrictions
may be placed on reclaimed water by the city as long as these
Struck through passage are deleted.
Underlined passages are added.
2
#2009-0-09
restrictions are more stringent than those of the district.
b. Irrigation on ne\v landscape plantings is allov/ed any day, except
bet\yeen 10:00 a.m. and 4:00 p.m., for one 30 day period, provided
irrigation is limited to the amount necessary for plant
establishment.
c. Watering in of chemicals, including insecticides, pesticides,
fertilizers, fungicides, and herbicides '.",hen required by law, the
manufacturer, or best management practices, is allowed anytime
within 21 hours of application.
d. Irrigation systems may be operated anytime for maintenance and
repair purposes, not to exceed ten minutes per hour per zone.
(2) Excessive use ofv/ater for landscape irrigation or over '.vatering of
landscaping is discouraged. Over spray of irrigation ,vater onto impervious
surfaces is prohibited.
(3) Mobile equipment '.vashing shall utilize an automatic shutoff/self
canceling spray nozzle. Mobile equipment '.'lashing shall be on pervious
surfaces whenever feasible or at a commercial water recycling automobile
wasfl.:
(1) The washing of sidewalks, walhvays, drive\vays, parking lots, tennis
courts and all other impervious areas shall utilize an automatic
shutoff/self canceling spray nozzle or lo\v volume pressure cleaning.
Excessi','e use of\vater for ','lashing of impervious areas is discouraged.
Runoff from impervious surface 'Nashing shall be directed as much as
possible to'.vard pervious areas.
(5) Filling or refilling of svt'imming pools, except as necessary during
construction process, repairs, or follov/ing any voluntary cessation of use
of the pool to pre','ent the leakage of water, and except as necessary to
raise the le','el of water to allow the pools skimmer to properly function, is
prohibited. The continuous refilling of swimming pools \vhile a leak is
occurring is hereby prohibited.
(b) Lc'.'Cl If. Level II shortage corresponds to tho St. Johns River '.Vater Management
District's phase II severe water shortage plan and all provisions therein as set forth
in 10e 21.631, F.A.e., in addition, the use of water for landscape irrigation
purposes by manual irrigation systems is allowed during the evening from 4:00
p.m. to 8:00 p.m. (5:00 p.m. to 9:00 p.m. during daylight savings time) on the
specific days and street addresses permitted by the St. Johns River Water
Management District in the above described phase II severe ..vater shortage plan
requirements. In the event the said district declares a phase II severe ..vater
shortage plan, said district requirement shall supercede this provision.
(c) Lc'.'C! Iff. Level III shortage corresponds to the St. Johns River \'1 ater
Management District's phase III extreme water shortage plan and all provisions
therein as set forth in i0e 21.641, F.A.e.. In addition, tho use ofv/ater for
landscape irrigation purposes by manual irrigation systems is allowed during the
evening from 1:00 p.m. to 7:00 p.m. (5:00 p.m. to 8:00 p.m. during daylight
savings time) on the specific days and street addresses permitted by the St. Johns
River 'Vater Management District in the above described phase III extreme '.vater
shortage plan requirements. In the event the said district declares a phase III
Struck through passage are deleted.
Underlined passages are added.
3
#2009-0-09
extreme \vater shortage plan, said district requirements shall supercede this
prOVISIOn.
(d) ic....cl IV. Level IV shortage corresponds to the 8t. Johns Ri','er Water
Management District's phase IV critical '.vater shortage plan and all provisions
therein as set forth in 10C 21.651, F.A.C. In addition, the use ohvater for
landscape irrigation purposes by manual irrigation systems is allo'.ved during the
evening from 6:00 p.m. to 7:00 p.m. on the specific days and street addresses
permitted by the 8. Johns Ri','er \\'ater Management District in the above
described phase IV critical '.vater shortage plan requirements. In the event the said
district declares a phase IV critical '.vater shortage plan, said district requirements
shall supercede this provision.
Sec. 19 91. Ceneral restrictions en water use.
(a)
(b)
(c)
See. 19 92.
(a)
(b)
(c)
Exccssi'.'c or unncccssary watcr usc. Excessive, \vasteful and unnecessary '.vater
use is hereby prohibited. Excessive, wasteful and unnecessary v,'ater use includes
but is not limited to:
(1) Allowing '.vater to be dispersed without any practical purpose to the water
user, regardless of the type ohvater use.
(2) Allo\ving '.vater to be dispersed in a grossly inefficient manner, regardless
of the type of water use.
(3) Allowing '.vater to be dispersed to accomplish a purpose for which water
use is unnecessary or which can be readily accomplished through
alternative methods of significantly less '.vater use.
Dischargc oj groUlui~vatcr uscd in hcating or air conditioning systcms. All
groundwater utilized in \vater to air heating and air conditioning systems must be
directed to landscape irrigation systems, groundwater injection or exfiltration
systems. Off site discharge from heating and air conditioning systems is
prohibited.
All automatic landscape irrigation systems shall be equipped with rain sensor
devices, '.vi thin 18 months from the effective date of this article.
Declaration of water shortage.
The city ackno\vledges that the groundv/ater resource available to its citizens is a
sole source aquifer and is not connected to other groundv/ater resources. The city
deems it necessary to be able to determine water shortages based on the data
available in the city independent of data a'lailable else\vhere in the 8t. Johns River
'N ater Management District.
The city council shall declare a water shortage or a ',vater shortage emergency
based on public concern and technical information, such as, but not limited to,
well draw dovllllevels, groundvlater levels and rainfall, and establish a specific
level ohvater conservation and use corresponding to a level as set forth in this
article, and may consider the level of\vater conservation and use recommended by
the 'Vater ..^..uthority of Vol usia.
In the event the 8t. Johns River Water Management District declares a water
shortage and implements its water shortage plan, 10C 21, F.A.C., the water
shortage plan and all clements of said plan provides for a more restrictive level of
Struck through passage are deleted.
Underlined passages are added.
#2009-0-09
4
water conservation than the level in effect. At such time as the declared 8t. Johns
River Water Management District '.vater shortage expires, then all provisions of
this division become effective and enforceable.
See. 19 93. Reference to certain distriet rules.
In the event the 8t. Johns River Water Management District adopts a phase I moderate
water shortage plan as set forth in 10C 21.621, F..A.C, it shall pre':ail over any less stringent
restriction in effect under this article.
Sec. 19 94.
(a)
(b)
(c)
(d)
(e)
Exemptions.
Exemption stickers shall be applied for and issued by the department of
environmental services for '.vater to air heating and air conditioning systems and
reuse or reclaimed ,vater systems and shall be displayed in a conspicuous looation
easily '/iewed by enforcement personnel. The exemption sticker shall be of design;
color and placement location designated by the "'ll A V" and such exemption
sticker shall be applicable uniformly throughout the county.
Agricultural uses are exempt from the provisions of this article, as long as they
follow the agricultural ',vater conservation requirements of the district.
Water used for construction purposes shall be exempt from the provisions of this
article.
\Vatering of clay or clay type recreational courts is exempt from the base water
conservation and use provisions.
Low volume hand watering and other forms of lo',\' volume irrigation are
permitted anytime, but avoidance of hours for high evaporation is encouraged.
See. 19 95. Variances.
The city council, under this section, provides for variances to the provisions of this
division.
(a) \Vhen the city council finds that compliance '.vith any of the requirements of this
division would result in undue hardship for a specific user, a ':ariance from any
one or more such requirements may be granted by the city council provided the
variance is the minimum necessary to alleviate such undue hardship for the user
and to the extent such variance can be granted 'lIithout impairing the intent and
purpose of this division.
(b) All users requesting a variance from the provisions of this division shall file a
petition for varianoe but must conform to the greatest possible extent to the water
use restrictions of this division until such variance is granted.
(c) A petition for variance shall be in vlriting and contain the following:
(1) The petitioner's name and address.
(2) The specific provision from which the petitioner is requesting a variance.
(3) A detailed statement of the facts which the petitioner belie':es
demonstrates that the request qualifies for variance under subsection (d).
( 4) A description of the variance desired.
(5) The period of time for \vhich the variance is sought including the reasons
and facts in support thereof.
Struck through passage are deleted.
Underlined passages are added.
#2009-0-09
5
(6) The damage or harm resulting or '.vhich may result to the petitioner from
compliance with the provision.
(7) The steps the petitioner is taking to meet the provisions from '.vhich the
variance is sought and when compliance could be achieved.
(8) Other relevant information the petitioner believes supports his petition for
vanance.
(d) No petition for variance shall be approved unless the petitioner affirmatively
demonstrates that one or more of the following circumstances exists:
(1) The variance is essential to protect health or safety; or
(2) Compliance with the provisions from '...hich a variance is sought \-vill
require measures which, because of their extent or cost, cannot be
accomplished; or
(3) Compliance with the provision from which a variance is sought will result
in substantial economic, social or health burden on the petitioner or those
served by the petitioner; or
(4) Alternative restrictions which achieve the same level of demand reduction
as the provisions are available and reflect the intent and purpose of this
division.
Sec. 19 96. Enforcement.
(a) Each police officer "vith the city shall, in connection '.'lith his/her duties imposed
by 1m.., diligently enforce the pro'/isions of this article.
(b) designated employees of the department of environmental services and code
enforcement inspectors have the duty and are hereby authorized to enforce the
provisions of this article and shall ha'le the power to issue written 'Naming
notices, and/or citations as set forth in the Code of Ordinances of the City of
Edgewater. A violation of this article shall be subject to fines and penalties
prescribed herein.
(c) The department of environmental services is hereby authorized to discontinue
reclaimed '.vater service to any property \vherein a 'Iiolation of the article
continues to exist after service of warning notice or citation as provided above.
Reclaimed water service shall not be restored until the violation is corrected and
the appropriate reconnection fee is paid.
See. 19 97. Penalty.
Any person, firm or corporation violating any provisions of this article shall, upon
conviction, be punished and shall also be responsible for reimbursing the city for attorneys fees
and all costs incurred in correcting the violation. ,A. separate offense shall be deemed to be
committed for each day or fraction thereof during vlhich a violation, disobedience, omission,
neglect or refusal of this article continues.
^ violation of this article, except as otherwise provided, constitutes a civil infraction
punishable by a ci'lil penalty not to exceed fi'le hundred dollars ($500.00). Penalties for violation
of this article shall be established by resolution of the city council. If a person who has
committed the violation does not contest the citation, a civil penalty ofless than the maximum
Struck through passage are deleted.
Underlined passages are added.
6
#2009-0-09
allo'lled '."ill be assessed. .^~ny citation may be contested in county court.
Sees. 19 98 19 100. Reserved.
WATER CONSERVATION.
Sec. 19-90. Variances.
a. When the City finds that compliance with any of the requirements of this Article
would result in undue hardship for a specific user, a variance from anyone or more
such requirements may be granted by the City, provided the variance is the minimum
necessary to alleviate such undue hardship for the user and to the extent such
variance can be granted without impairing the intent and purpose of this Article.
b. All users requesting a variance from the provisions ofthis Article shall file a petition
for variance to the Director of Environmental Services, but must conform to the
greatest possible extent to the water use restrictions ofthis Article until such variance
is granted. The Director of Environmental Services shall respond to the petitioner
within five (5) working days as to whether the variance is approved. In the event of
denial, petitioner may request City Council to overturn the Director's decision.
c. A petition for variance shall be in writing and contain the following:
L The petitioner's name and address.
g} The specific provision from which the petitioner is requesting a
vanance.
Ql A detailed statement of the facts which the petitioner believes
demonstrate that the request qualifies for variance under Section 19-
92.
2. A description of the variance desired.
~ The period of time for which the variance is sought, including the reasons and
facts in support thereof.
4. The damage or harm resulting or which may result to the petitioner from
compliance with the provision.
~ The steps the petitioner is taking to meet the provisions from which the
variance is sought and when compliance could be achieved.
6. Other relevant information the petitioner believes supports hislher petition for
vanance.
d. No petition for variance shall be approved unless the petitioner affirmatively
demonstrates that one or more ofthe following circumstances exists:
L The variance is essential to protect health or safety;
2. Compliance with the provision from which a variance is sought will require
measures which, because of their extent or cost, cannot be accomplished;
~ Compliance with the provision from which a variance is sought will result in
a substantial economic, social or health burden on the petitioner or those
served by the petitioner; or
4. Alternative restrictions which achieve the same level of demand reduction as
the provision are available and reflect the intent and purpose of this Article.
e. No variance shall be granted from Section 19-92 to allow a single irrigation zone to
be irrigated more than two (2) days per week during Daylight Savings Time or more
than one (1) day per week during Eastern Standard Time.
Struck through passage are deleted.
Underlined passages are added.
7
#2009-0-09
Sec. 19-91. Declaration of water shorta2e.
a. The City of Edge water has determined that the groundwater resource available to its
citizens is a sole-source aquifer and is not connected to other groundwater resources.
The City deems it necessary to be able to determine water shortages based on the
data available in the City independent of data available elsewhere in the District.
b. The City Council shall declare a water shortage or water shortage emergency based
on public concern and technical information, such as, but not limited to, well draw
down levels, groundwater levels and rainfall, and establish a specific level of water
conservation and use corresponding to a level as set forth in this Article.
c. In the event the District declares a water shortage and implements its water shortage
plan, 40C-21, Florida Administrative Code, the water shortage plan and all elements
of said plan become effective and take precedence over the provisions ofthis Article,
provided that the plan provides for a more restrictive level ofwater conservation than
the level in effect, until the water shortage declaration expires.
Sec. 19-92. Landscape irri2ation schedules.
The City, in order to provide the necessary levels of year-round water conservation and
provide for the most logical transition to a declared water shortage, water shortage emergency or the
District water shortage plan, shall establish the following levels of water conservation and use for
landscape irrigation using ground or surface water, from a private well or pump, or from a public or
private utility:
a. When Daylight Savings Time is in effect, landscape irrigation shall occur only in
accordance with the following schedule:
1. Residential landscape irrigation at odd numbered addresses or no address:
ill Potable or well water irrigation may occur only on Wednesday and
Saturday and shall not occur between 10:00 AM and 4:00 PM; and
hl Reclaimed water system includes systems in which the primary
source is reclaimed water, which mayor may not be supplemented
from another source during peak demand periods. Irrigation with
reclaimed water may occur only on Monday, Wednesday and
Saturday and shall not occur between 10:00 AM and 4:00 PM; and
2. Residential landscape irrigation at even numbered addresses:
ill Potable or well water irrigation may occur only on Thursday and
Sunday and shall not occur between 10:00 AM and 4:00 PM; and
hl Reclaimed water system includes systems in which the primary
source is reclaimed water, which mayor may not be supplemented
from another source during peak demand periods. Irrigation with
reclaimed water may occur only on Sunday, Tuesday, and Thursday
and shall not occur between 10:00 AM and 4:00 PM; and
3. Non-residential landscape irrigation may occur only on Tuesday and Friday
and shall not occur between 10:00 AM and 4:00 PM; and
4. No more than % inch of water may be applied per irrigation zone on each day
that irrigation occurs, and in no event shall irrigation occur for more than one
(1 ) hour per irrigation zone on each day that irrigation occurs.
b. When Eastern Standard Time is in effect, landscape irrigation shall occur only in
accordance with the following schedule:
Struck through passage are deleted.
Underlined passages are added.
8
#2009-0-09
1. Residential landscape irrigation at odd numbered addresses or no address:
~ Potable or well water irrigation may occur only on Saturday and shall
not occur between 10:00 AM and 4:00 PM; and
hl Reclaimed water system includes systems in which the primary
source is reclaimed water, which mayor may not be supplemented
from another source during peak demand periods. Irrigation with
reclaimed water may occur only on Monday, Wednesday and
Saturday and shall not occur between 10:00 AM and 4:00 PM; and
2. Residential landscape irrigation at even numbered addresses:
~ Potable or well water irrigation may occur only on Sunday and shall
not occur between 10:00 AM and 4:00 PM; and
hl Reclaimed water system includes systems in which the primary
source is reclaimed water, which mayor may not be supplemented
from another source during peak demand periods. Irrigation with
reclaimed water may occur only on Sunday, Tuesday, and Thursday
and shall not occur between 10:00 AM and 4:00 PM; and
3. Non-residential landscape irrigation may occur only on Tuesday and shall not
occur between 10:00 AM and 4:00 PM; and
4. No more than 'l'4 inch of water may be applied per irrigation zone on each day
that irrigation occurs, and in no event shall irrigation occur for more than one
(1 ) hour per irrigation zone on each day that irrigation occurs.
c. All landscape irrigation shall be limited in amount to only that necessary to meet
landscape needs and in accordance with the schedules herein.
d. Level II. Level II shortage corresponds to the District's Phase II Severe Water
Shortage Plan and all provisions therein as set forth in 40C-21.631, F.A.C. which are
incorporated herein by reference. Upon declaration of a severe water shortage by the
District, and landscape irrigation conducted in violation of the schedule established
by the District shall be punishable as set forth in this Article.
e. Level!!! Level III shortage corresponds to the District's Phase III Extreme Water
Shortage Plan and all provisions therein as set forth in 40C-21.641, F.A.C. which are
incorporated herein by reference. Upon declaration of an extreme water shortage by
the District, any landscape irrigation conducted in violation of the schedule
established by the District shall be punishable as set forth in this Article.
f. Level!V Level IV Shortage corresponds to the District's Phase IV Critical Water
Shortage Plan and all provisions therein as set forth in 40C-21.651, F.A.C. which are
incorporated herein by reference. Upon declaration of a critical water shortage by the
District, any landscape irrigation conducted in violation of the schedule established
by the District shall be punishable as set forth in this Article.
Sec. 19-93. General restrictions on water use.
a. Excessive and unnecessary water use. Excessive, wasteful and unnecessary water
use is hereby prohibited. Excessive, wasteful and unnecessary water use includes but
is not limited to:
1. Allowing water to be dispersed without any practical purpose to the water
user, regardless of the type of water use;
2. Allowing water to be dispersed in a grossly inefficient manner, regardless of
the tyPe of water use; and
Struck tru-ough passage are deleted.
Underlined passages are added.
9
#2009-0-09
3. Allowing water to be dispersed to accomplish a purpose for which water use
is unnecessary or which can be readily accomplished through alternative
methods of significantly less water use.
b. Discharge of groundwater used in heating or air conditioninf! systems. All
groundwater utilized in water-to-air heating and air conditioning systems must be
directed to landscape irrigation systems, groundwater injection or exfiltration
systems. Off-site discharge from heating and air conditioning systems is prohibited.
c. All automatic landscape irrigation systems, regardless of date of installation, shall be
equipped with rain sensor devices or soil moisture sensing devices that overrides the
irrigation system when adequate rainfall has occurred.
Sec. 19-94. Exceptions.
Landscape irrigation shall be subject to the following irrigation schedule exceptions:
a. Irrigation using a micro-spray, micro-jet, drip or bubbler irrigation systems is allowed
anytime.
b. Agricultural uses are exempt from the provisions of this Article, as long as they
follow the agricultural water conservation requirements of the District.
c. Irrigation of new landscape is allowed at any time of day on any day for the initial
thirty (30) days and every other day for the next thirty (30) days for a total of one
sixty (60) day period, provided that the irrigation is limited to the minimum amount
necessary for such landscape establishment.
d. Watering in of chemical, including insecticides, pesticides, fertilizers, fungicides, and
herbicides, when required by law, the manufacturer, or best management practices, is
allowed at any time of day on any day within twenty-four (24) hours of application.
Watering in of chemicals shall not exceed ~ inch of water per application except as
otherwise required by law, the manufacturer, or best management practices.
e. Irrigation systems may be operated at any time of day on any day for maintenance
and repair purposes not to exceed twenty (20) minutes per hour per zone.
r. Irrigation using hand-held hose equipped with an automatic shut-off nozzle is
allowed at any time of day on any day.
g. Discharge of water from a water-to-air air conditioning unit or other water-dependent
cooling system is not limited. Exemption stickers shall be applied for and issued by
the Department of Environmental Services for water-to-air conditioning units and
shall be displayed in a conspicuous location easily viewed by enforcement personnel.
h. The use of recycled water from wet detention treatment ponds for irrigation is
allowed anytime provided the ponds are not augmented from any ground or off-site
surface water, or public supply sources.
1. Filling or refilling of swimming pools, except as necessary during construction
process, repairs, or following any voluntary cessation of use of the pool to prevent
leakage of water, and except as necessary to raise the level of water to allow the pools
skimmer to properly function, is prohibited. The continuous refilling of swimming
pools while a leak is occurring is hereby prohibited.
Sec. 19-95. Violations~ declaration.
The City, hereby finds and declares that a violation ofthis Article presents a serious threat to
the public health, safety, and welfare and is irreparable or irreversible in nature. No violation ofthis
Article shall be entitled to an opportunity to correct a violation prior to the levy of a civil penalty in
Struck through passage are deleted.
Underlined passages are added.
10
#2009-0-09
accordance with any ofthe enforcement methods prescribed in this Code. Penalties for violation of
this Article shall be outlined in a separate resolution as approved from time to time by the City
Council.
Sec. 19-96. Enforcement.
a. Each employee with designated code enforcement authority, in connection with
his/her duties imposed by law, and are hereby authorized to enforce the provisions of
this article, shall have the power to enforce violations as set forth in the Code of
Ordinances of the City of Edgewater.
b. It shall be the duty of the designated enforcement employees to investigate
complaints of violations of City codes and to initiate enforcement proceedings as
outlined in the City of Edge water Code of Ordinances Section 10-344 (Enforcement
Procedures).
c. The Department of Environmental Services is hereby authorized to discontinue
reclaimed water service to any property wherein a violation ofthis article continues
to exist after service of warning notice or citation as provided above. Reclaimed
water service shall not be restored until the violation is corrected and the appropriate
reconnection fee is paid.
Sec. 19-97. Penalty.
Any person, firm or corporation violating any provisions of this article shall, upon conviction,
be fined in accordance to penalties adopted by resolution by the City Council. If a person who has
committed the violation does not contest the citation, a civil penalty of less than the maximum
allowed will be assessed. Any citation may be contested to the City of Edgewater Citizens Code
Enforcement Board.
Sec. 19-97 - 19-100. Reserved.
PART B. CONFLICTING PROVISIONS.
All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are
hereby superseded by this ordinance to the extent of such conflict.
PART C. EFFECTIVE DATE.
This ordinance shall become effective upon its final adoption and as provided by general law.
PART D. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
Struck through passage are deleted.
Underlined passages are added.
11
#2009-0-09
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E.
CODIFICIATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections ofthis ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts B through F shall not be codified.
PART F. ADOPTION.
During the November 16, 2009 Council meeting, a motion to approve was made by
Councilwoman Bennington with Second by Councilman Cooper. The vote on the first reading of
this ordinance held on November 16, 2009 is as follows:
AYE NAY
Mayor Mike Thomas ABSENT
Councilwoman Debra J. Rogers ABSENT
Councilwoman Gigi Bennington X
-
Councilwoman Harriet B. Rhodes X
Councilman Ted Cooper X
Struck through passage are deleted.
Underlined passages are added.
12
#2009-0-09
During the December 14, 2009 Council meeting, a motion to approve was made by
r {)j In0tlwo,,^(lYl ~ with Second by rOll nQ.uman ~[)O{1Q-r , the vote on the second reading/public
hearing of this ordinance is as follows:
AYE NAY
Councilwoman Debra J. Rogers
:L
~
l
-X-
~
Mayor Mike Thomas
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
PASSED AND DULY ADOPTED this 14th day of December, 2009.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW ATER, FLORIDA
~\\f"'- ~O ~ \. '00 ~ ~
Bonnie Wenzel
City Clerk
'p~}~T"Yi FI r
.,',?- .. II- !;J/ .. ",' .... I;
,f .~,
r 'g' .
: g( ~ ~ <J
...J , .
_ U I f J t
"".,,"? '; 4,....,:
~~~:>
Robin L. Matusick
Paralegal
.{ /. , '"
II'" ~ ,~
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
Approved by the City Council of the City of
Edgewater at a meeting held on this 14th day
of December, 2009 under Agenda Item No.
sh
Struck through passage are deleted.
Underlined passages are added.
13
#2009-0-09