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896ORDINANCE NO. M AN ORDINANCE PROMULGATING THE RATES TO BE CHARGED FOR USE OF MUNICIPAL WATER AND SEWER SERVICES; OUTLINING MEANS OF ENFORCING PAYMENT FOR SUCH SERVICE; PROMULGATING REQUIREMENTS FOR CONNEC- TION; SETTING UP MAINTENANCE REQUIRE- MENTS; PROHIBITING FREE SERVICE; AND PENALTIES FOR VIOLATION. BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. Connections with waterworks system. Where the same shall be available, the owner of every lot or parcel of land within the City of fdgwwater, Florida, may connect, or cause the plumbing of any building or buildings thereog to be connected with the municipal waterworks system of the City of Edgewater, Florida, and use the facilities of such system. All such con- nections shall be made in accordance with the rules and regu- lations which shall be adopted from time to time by the City Council of the City of Edgewater, which rules and regulations shall provide for a charge for making any such connections in such reasonable amount as such Council may fix and determine. SECTION 2. Connections with sewer required. The owner of each lot or parcel of land within the City of Edgewater, Florida, upon which lot or parcel of land any building, or trailer used as a dwelling, 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 muntcipal sewer system of the City of Edgewater. Florida and use such facilities within three months following notification so to do by the Clerk of the City of Edgewater. All such connections shall be made in accordance with rules and regulations which shall be adopted from time to time by the City Council of the City, which rules and regulations shall provide for a charge for making any such connections in such reasonable amount as such Council may fix and determine. No connection or connections shalt be required where said sewer system or line is more than one hundred (100) feet from such lot or parcel of land. SECTION 3. Exceptions to connections. This ordinance shall not be construed to require or entitle any person to cross the private property of another to make any such sewer or water connection. SECTION 4. Connections may be made by City. If any such owner of any lot or parcel of land within the City of Edgewater. Florida, shall fail and refuse to connect with and use the facilities of the sewer system of the City of Edgewater, after notification by the City Clerk, as provided herein, then the City of Edgewater shall be authorized to make such connections, entering on or upon any such lot or parcel of land for the purpose of making such connection. The City of Edgewater shall there -upon be entitled to recover the cost of making such connection, 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 costs of making such connections, the City of Edgewater shall have a lien on such lot or parcel of land for such cost, which lien shall be of equal dignity with the lien of state and county and municipal taxes. Such lien may be foreclosed by the City of Edgewater in the same ■ ainer provided by the laws of Florida for the foreclosure of mortgages upon real estate. SECTION 5. Water Service Charges A. Rates for single unit users: A charge of $2.75 for 2000 gallons minimum plus $.55 for each additional 1000 gallons B. Users with a two unit complex with 1 meter: A minimum charge of $4.75 for 4000 gallons minimum plus $.55 for each additional 1000 gallons. '2- C. Users with a three unit complex with 1 meter: A charge of $6.75 for 6000 gallons minimum plus $.55 for each additional 1000 nallons. D. Users with more than three units in a complex with 1 meter (Mobile Home Parks are to be covered under this section) A charge of $2.75 for the first unit and $2.00 for each additional unit. The allowable minimum shall be increased by 2000 gallons for each unit. For each additional 1000 gallons over the estab- lished minimum gallons used, a charge shall be made of $.55 for each 1000 gallons. Sewer Service Charges A. Sewer service charges shall be 100% of the water charges. S. The gallons of water used in the initial filling of swimming pools in the City of Edgewater, Florida from the municipal water system shall be excluded from the gallons used for the purpose of calculating for sewer service charges as provided in section A above. Only the established water rates shall be applicable to said initial filling of swimming pools. The number of gallons to be determined by usage of water metered, or directly deter- mined by calculating the capacity of the pool. The City of Edgewater reserves the rinht to enter into contracts with large users of water and/or sewer service for the purpose of setting and determining a monthly charne or rate for the use of such services, which monthly rate or charge may be computed upon a different basis than set forth in the paragraph immediately preceeding. Such contracts shall be entered into by means of resolution duly adopted by the City Council. SECTION 6. Unlawful connection. No person shall be allowed to connect into any water line or sewer line owned by the City of Edgewater without the written consent of the City of Edgewater, and then the connection with such line shall be made only under the direction and supervision of the City of Edgewater. Any property owner or plumber who shall make any connection without such consent of the City of Edgewater shall, upon conviction be subject to the penalties hereinafter provided. -3- SECTION 7. Unlawful Construction. No person, group of persons, firm or corporation shall build or remodel or cause to be built or remodeled any structure used for human habitation or occupancy within the City of Edgewater which is within one hundred feet of a public sanitary sewer line, unless it is provided with water - carried sewerage facilities. SECTION 8. Connecting old plumbing. Whenever it is desirable to connect old plumbing with the City of Edgewater sewer main and/or water line, the owner or plumber contemplating doing such work shall notify the City Manager who will inspect said old plumbing and notify the owner or plumber what alterations will be necessary to place said old plumbing in an acceptable condition for such connection. Any owner or plumber who shall make any connection without the approval of the City Manager shall, upon conviction, be subject to the penalties hereinafter provided. SECTION 9. Sanitary Requirements. Every residence and building in which human beings reside, are employed or congregated, shall be required to have a saeitary method of disposing of human excrement, namely either a sanitary water closet that is connected with the City of Edgewater sewer, or an approved type of septic tank. A septic tank will be used only if the property is more than 100 feet from the sewer line. SECTION 10. Disposal requirements. It shall be unlawful for any person, persons, firm or corporation owning or leasing any premises in the City of Edgewater to permit the disposal of any human excre- ment on any property, leased or rented by any such person, firm or corporation or the agent of any such person, firm or corporation, except in a sanitary water closet where sewage lines are available as defined above. -4- SECTION 11. No septic tank other than those approved by the State Department of Pollution Control shall be constructed within the corporate limits of City of Edgewater, Florida. No septic tank shall be constructed within 100 feet of the sewer line. SECTION 12. Maintenance of plumbing system. The owner of the property shall be responsible for maintaining and keeping clean the water and sewer pipes leading and connecting from the plumbing system to the City of Edgewater distribution lines and main sewers. SECTION 13. Payment of fees and bills required. Bills for the monthly charges and fees hereinbefore mentioned shall be submitted and shall be payable upon receipt and if such monthly bill shall be and remain unpaid on and after 30 days of such month for such service, a penalty of 10% shall be imposed and be added to said bill, and, the water service to the consumer shall be subject to discontinuance and shall not be reconnected after discontinuance until all past due water bills and sewage disposal fees are fully paid, together with said charge of 10% of past due bills and payment of a $5.00 reconnection charge. SECTION 14. Collection of sewer fees where owner has private water supply. Where sewage disposal fees are not paid in ac- co-dance with provisions outlined above, in those instances where the owner has his own private water supply, the City of Edgewater shall have a right to cut off such water supply to the plumbing and the owner shall have no right to reconnect his own private water supply until the sewage disposal fees shall have been paid in full. Any violation of this provision by reconnecting his private water supply, until such sewage disposal fees are paid in full, shall be considered a violation of this Ordinance and subject to the penalties hereinafter provided. -5- SECTION 15. Failure to maintain plumbing system. Failure to keep the sewer pipe, i.e. the pipe leading from the plumbing system to the City of Edgewater main, clean and maintained in a proper manner will give the City of Edgewater the right to cut off the water connection, which shall not be reconnected until the sewer pipe is cleaned and maintained properly. In those instances where the owner has his own private water sup- ply, the City of Edgewater shall have the right to cut off such water supply to the plumbing system, and the owner shall have no right to reconnect his own private water supply until the sewer pipe leading from the plumbing system to the City of Edgewater main has been maintained and cleaned in proper con- dition. Any violation of this provision by reconnecting his private water supply or the connection from the City of Edge- water water line, until such sewer pipes are cleaned and main- tained properly, shall be considered a violation of this Ordin- ance and subject to the penalties hereinafter provided. SECTION 16. Flo service free. No water nor sewage disposal service shall be furnished or rendered free of charge to any person, firm or corporation whatsoever, and the City of Edge- water and each and every agency, department or instrumentality which uses either or both such service shall pay therefor at the rates fixed by this Ordinance. SECTION 17. Separate connections for each separate unit. Each residential unit whether occupying one or more lots and whether it shall occupy any lot or parcel jointly with any other residential unit shall be considered a separate unit for the payment of the water fees and the sewage disposal fees. -6- 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 three hundred dollars ($300.00) or imprisonment for not to exceed ninety (90) days 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 of Edqewater sewer system after notification so to do, as hereinabove provided, or any failure or refusal to pay the charges or rates hereinabove provided, shall be construed to be a violation of this Ordinance. SECTION 19. That all Ordinances or parts of Ordinances and all Resolutions and parts of Resolutions in conflict herewith be and the same are hereby repealed. SECTION 20. That this Ordinance shall take effect immediately upon its adoption by the City Council and approval by the Mayor. SECTION 21. The City Clerk shall advertise this Ordinance as required by law. The first reading of 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 said Council held on the day of November, 1974, and approved as provided by law. Roll call vote being as followsy-, ATTEST:Cit y ClerK ,,// Approved this ly�ay of No tuber, A.D. 74. Lzizz mayor This Ordinance prepared by: _7_ Joseph E. Weaver,Attorney