2018-O-29 ORDINANCE NO.2018-0-29
AN ORDINANCE AMENDING AND RESTATING
CHAPTER 19(UTILITES AND SERVICES),ARTICLE I (IN
GENERAL), IN ITS ENTIRETY; OF THE CODE OF
ORDINANCES, CITY OF EDGEWATER, FLORIDA;
PROVIDING FOR CONFICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
CODIFICATION, AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS,the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Chapter 19 (Utilities and Services), Article I (In General), Section 19-1
(Definitions) through Section 19-8 have not been modified since 2012 with Section 19-9 not
being modified since 2017.
2. Amending and Restating Chapter 19 (Utilities and Services), Article I (In
General)will make this Article consistent with current rules and regulations.
NOW THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. AMEND AND RESTATE CHAPTER 19 (UTILITIES AND
SERVICES), ARTICLE I (IN GENERAL) IN ITS ENTIRETY, OF THE
CODE OF ORDINANCES,CITY OF EDGEWATER,FLORIDA
Chapter 19 (Utilities and Services) is amended and restated pursuant to Exhibit "A", which is
attached and incorporated herein.
PART B. CONFLICTING PROVISIONS
All conflicting ordinances and resolutions,or parts thereof in conflict with this ordinance
are hereby superseded by this ordinance to the extent of such conflict.
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PART C. 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 of any provisions thereof shall be held to be inapplicable to any person, property,
or circumstances, such holding shall not affect its applicability to any other person, property or
circumstance.
PART D. CODIFICATION
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 of this ordinance may be renumbered or relettered to
accomplish such intention; provided,however, that Parts B through F shall not be codified.
PARTE. EFFECTIVE DATE
This ordinance shall take effect upon adoption.
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PART F. ADOPTION
After Motion to approve by Councilwoman Power with Second by Councilwoman Vogt,
the vote on the first reading of this ordinance held on September 24, 2018,was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Amy Vogt X
Councilwoman Megan O'Keefe X
Councilman Gary Conroy X
After Motion to approve by �n� 9t.s� -1�2 A vQ with
Second by ��c.�-fix s u-r�. .,_, �pc�' the vote on the public
hearing/second reading of this ordinance held on October 1,2018, was as follows:
AYE NAY
Mayor Mike Ignasiak L
Councilwoman Christine Power
Councilwoman Amy Vogt
Councilwoman Megan O'Keefe
Councilman Gary Conroy
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PASSED AND DULY ADOPTED this ZrV—P day of October, 2018.
ATTEST: CITY COUNCIL OF THE
,,-.. CITY OF EDGEWATER,FLORIDA
Rpbiq U. Ma gsick Mike Ignasiak
V' CltyCUTYParalegal Mayor
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this
legality by: Aaron R. Wolfe,Esquire day of October, 2018 under Agenda Item
City Attorney #8a
Doran, Sims, Wolfe& Ciocchetti
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EXHIBIT"A"
CHAPTER 19 (UTILITIES AND SERVICES)
See 19-1.-Definitions.
Abbreviations: The following abbreviations shall have the designated meanings:
BMP means best management practices.
BOD means biochemical oxygen demand.
CFR means Code of Federal Regulations.
COD means chemical oxygen demand.
CWA means Clean Water Act.
DOH means the Florida Department of Health.
EDUmeans equivalent drainage unit.
EPA means environmental protection agency.
ERU means equivalent residential unit.
F.A.C. means Florida Administrative Code.
FOG means fats,oils and grease.
FDEP means Florida Department of Environmental Protection.
GT means grease trap.
IWDP means industrial wastewater discharge permit.
1 means liter.
Mg means milligrams.
MGD means million gallons per day.
mg17 means milligrams per liter.
MS4 means municipal separate storm sewer systems,i.e.the city's stotmwater system.
NPDES means National Pollutant Discharge Elimination System.
SIC means standard industrial classification.
SIU means significant industrial user.
SWDA means Solid Waste Disposal Act 42 U.S.C. 6901 et seq.
TSS means total suspended solids.
U.S.C. means United States Code.
WTP means the water treatment facility or water treatment plant.
WWTP means wastewater facility or wastewater treatment plant.
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Act or the act (otherwise known as the Federal Water Pollution Control Act or the Clean
Water Act), means that act enacted by Public Law 92-500, October 18, 1972, 33 U.S.C. 1251 et
seq., as amended by Pub. L. 95-217, December 28, 1977; Pub. L. 97-117, December 29, 1981;
Pub. L. 97440, January 8, 1983; and Pub. L. 100-04, February 4, 1987, and as may be amended
from time to time.
Approval authority means the administrator of the EPA, DOH, FDEP or other regulatory
agency.
Business or commercial applies to any establishment or firm wherein a business or
commercial certificate of use and business tax receipt is required by the city,except as otherwise
provided herein.
City means the City of Edgewater.
City council or council means the duly elected officials of the City of Edgewater.
City manager means the person designated by the city council to administer all city
activities.
Consolidated statement means the bill which has all utility service fees that the customer has
available or is using and may include any or all water, wastewater, reclaimed water, stormwater,
solid waste (refuse and recycling), and all associated delinquency and service fees associated
with the service(s).
County means the County of Volusia.
Customer means the actual user, potential user or beneficiary of the water, wastewater,
reclaimed water, stormwater or solid waste services provided by the city.
Department means the environmental services department, which includes the following
divisions: water, wastewater, field operations, wastewater collections, stormwater and solid
waste.
Developed property means any property altered in appearance by removal of vegetation,
grading of the ground surface and construction of a structure or impervious surface.
Director means the director of environmental services of the city or the director's authorized
representative.
District means the St.Johns River Water Management District.
Environmental protection agency or EPA means the United States Environmental Protection
Agency, or, where appropriate, the term may also be used as a designation for the administrator
or other duly authorized official of the agency.
Equivalent drainage unit (EDU) means a standard unit of measure determined to represent
the stormwater runoff generated by a typical residential unit(consisting of a weighted average of
a single-family and multi-family units) in the city. Such measure provides a basis for comparing
the runoff generated by one parcel with that generated by another.
Florida Department of Environmental Protection or FDEP means the State of Florida
Department of Environmental Protection, or where appropriate, the term may also be used as a
designation for the administrator or other duly authorized official of the agency.
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Multiple dwelling means a structure or structures having more than one single family unit,
and shall include apartment buildings,condominiums, motels and hotels.
Nonresidential unit means any building, structure or facility used other than as a dwelling
unit or single-family unit.
Owner, tenant, occupant shall include the executors, administrators, successors, and assigns
of the person referred to; and the covenants and agreements contained in any contract between
the department and its consumers should be binding upon an inure to the benefit of the
successors,heirs,executors, administrators or assigns of the respective persons thereto.
Private means that property or facilities owned by individuals, corporations, and other
organizations and not by a city,county, state or federal government agency.
Reclaimed water means the water that meets the current state department of environmental
protection standards for reuse after flowing out of any treatment plant or works.
Recyclable materials shall mean those materials which are capable of being recycled and
which would otherwise be processed or disposed of as solid waste including newspapers, glass
and plastic containers,aluminum cans and such other materials as designated by resolution of the
city council.
Refuse means household garbage and items meant to be discarded other than recyclable
materials,trash,construction debris and hazardous waste.
Residence means a single-family residential unit and includes mobile homes, manufactured
homes and each individual unit in a townhome,apartment complex or condominium.
Reuse means the deliberate application of reclaimed water for beneficial purpose. Uses
include landscape irrigation, agricultural irrigation, aesthetic uses, ground water recharge,
industrial uses, fire protection or other useful purposes.
Shall is mandatory, may is permissive.
State means the State of Florida.
Superintendent means the superintendents of the various divisions of the environmental
services department of the city.
Trailer park mobile home park means any business enterprise maintaining a premises for
the rent of mobile homes, manufactured homes or house trailers or mobile home, manufactured
home or house trailer sites, and each mobile home, manufactured home or trailer contained in
said trailer park or mobile home park shall be considered as a separate unit whether or not the
same is permanently affixed to the realty.
Trash means all accumulations of grass, shrubbery or weed cuttings, pine needles, and other
refuse incident to the care of lawns, shrubbery, vines and gardens. The term 'trash" shall not be
taken to include used or broken appliances, furniture, bedding, building materials, lumber or
other material of like nature.
Utility system means water,wastewater,solid waste, stormwater and reclaimed water.
Vacant means any piece or parcel of land that is without any building, structure,
appurtenance, or improvements.
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Wastewater means the liquid and water-carried industrial or domestic wastes from
dwellings, commercial buildings, industrial facilities and institutions, together with any solids
and other pollutants which may be present, whether treated or untreated, which is contributed
into or permitted to enter the WWF.
Wastewater system means pipes, pumps, force mains, wastewater treatment plant and any
other appurtenances that collect and treat wastewater.
Wastewater treatment plant or WWTP means a treatment works as defined by section 212 of the
Act (33 U.S.C. 1292) which is owned by the city. This definition includes any or all of the
collection/transmission system,treatment plant,and reuse or disposal system.
Sec. 19-2.-Utility deposit, service charge and transfer fee.
Sec. 19-2. -Utility deposit, service charge and transfer fee.
(a) The owner of each property receiving utility services provided by the city, regardless of
whether the residence or building on the property is being occupied by the owner and
regardless of the date or means by which the owner came into ownership of the residence,
shall be absolutely responsible for the payment of all fees, rates or charges relating to
utilities and services provided for the property, unless the city has contracted with the
owner's tenant at the owner's request. Absence of such notification shall be assumed by the
city that the property is owner occupied or vacant. If the owner of the property so desires,
the city will enter into a contract with the owner's tenant whereby the tenant will be solely
responsible to pay charges for base water, sewer, refuse, stonnwater, and reclaimed water as
well as charges for water, sewer and reclaimed water consumption. If the city has entereds
into a contract with the owner's tenant, the account will revert back to the property owner
once the tenant or owner notifies the city of termination
In this event, the property owner will then be solely and absolutely responsible for the
payment of all fees, rates or charges relating to utilities and services provided for the
property including charges for base water, sewer, refuse, stormwatey and reclaimed water as
well as water, sewer and reclaimed water consumption, until such time as that the city is
notified that a new tenant occupies the proMrty and establishes an account.
(b) The city shell my require a utility deposit and a service charge before water, wastewater,
reclaimed water, stormwater and/or refuse service(s) are initiated to any equivalent
residential unit (ERU) as defined in article 1I. The utility deposits and service charges
required before the initiation of service are as established by resolution of the city council.
For those connections made outside the city limits, said charges shall be in an amount equal
to the equivalent charge for a corresponding connection inside the city limits plus a
surcharge in amount allowed by applicable state statutes and established by resolution of the
city council. Except upon receipt of a request as provided in subsection (c), the city shall
retain the deposit as established by resolution of the city council. The deposit amount shall
be applied to the current or final bill. Any amount remaining at termination of account shall
be returned to the customer. However, no refund checks on deposits shall be issued for an
amount less than$10.00.
(c) Upon written request, a customer, provided they are the land owner, may request that a
credit refund in the amount of the utility deposit be given after establishment of 36
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successive months of good credit. Good credit shall be defined as no service shutoff and no
penalty for late payment during any successive 36-month period. Upon receipt of the written
request by the finance department, the refund shall be applied during the next billing cycle.
An additional deposit and service charge in the amount set forth in subsection (b) shall be
required if subsequent to application of the credit refund,service is shut off and a request for
reinstitution of service is made.
(d) Tenant customers are not permitted to receive a deposit refund until account termination.
The deposit amount shall be applied to the final bill. Any amount remaining at termination
of account shall be retained to the customer. However, no refund checks on deposits shall be
issued for an amount less than$10.00.
See. 19-3.-Unpaid fees to constitute lien.
The city may place liens on properties for all unpaid utility bills, including consumption
when the account is in the owner's name and/or the property is occupied by the owner may-plase
liens for all -Y
is in the ienam's
f 4his e the ie.... "base bill",
ranne, 841 as set feAh below. FeF r �� .. charges fAF
And q4A�v�nar And —411
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If the fees, rates or charges for the utilities and services provided for the owner occupied
and/or vacant property are not paid as and when due, any unpaid balance with interest, as
established in the fee resolution, from the due date may be placed as a lien on any lands or
premises affected or served thereby. Such liens shall be superior and paramount to the interest in
such lands or premises of any owner, lessee, tenant, mortgagee or other person except the lien of
state, county and municipal taxes and shall be on a parity with the lien of such state, county and
municipal taxes. If any such fee, rate or charge shall not be paid as and when due and shall be in
default for 30 days or more,the unpaid balance thereof and all interest accrued thereon, together
with attorneys' fees and costs, may be recovered and such liens may be foreclosed by the city in
the manner provided by the laws of the state for the foreclosure of mortgages on real property.
Sec. 19-4. -Unlawful connections.
No person shall be allowed to connect into any water,wastewater or reclaimed water line owned
by the city without the consent of the city. Such oonnection(s) shall be made under the direction
and supervision of the city. Any person making a connection without such consent of the city
shall, upon conviction,be subject to punishment as provided in section 19-29.
See. 19-5.-No free service.
No water, wastewater, reclaimed water, stormwater or solid waste service shall be famished
or rendered free of charge to any person whatsoever. A minimum bill shall be rendered whether
service is used or not.
See. 19-6. - Payment of bills; service charges.
(a) Rates for water, wastewater, reclaimed water, stormwater, refuse and recycling services
shall be as established by resolution of the city council. Bills for the monthly fee for water,
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wastewater, reclaimed water, stormwater, refuse and/or recycling services shall be payable
as of the billing date. A delinquency charge as established by resolution of the city council
for utility service(s) shall be charged against the customer by the city if the customer shall
fail to pay the charges due for those utility serviee(s) within 20 days of the billing date of
said charges. Should there be a failure by the customer receiving utility service(s)to pay the
bill in full for said service not later than 30 days from the billing date for said service, then
said service may be terminated and shall not be reinstated after discontinuance until all past
due water, wastewater, reclaimed water, stormwater, refuse and/or recycling bills are fully
paid, together with said delinquency charge for past due bills and payment of a service
charge as established by resolution of the city council for reinstatement during normal
working hours. A service charge as established by resolution of the city council shall be
imposed for reinstatement made during other than normal working hours. No service will be
discontinued for a delinquent bill of less than $30.00 the amount as identified in the Fee
Resolution. The utility fees are part of a consolidated statement for a utility customer which
is generally paid by a single payment. In the event that a partial payment is received, the
payment shall first be applied to utility tax, next applied to penalties, next applied to
recycling, next applied to refuse, next applied to stormwater, next applied to wastewater,
next applied to reclaimed water, next applied to irrigation water, and finally applied to the
water account.
(b) Customers who have an outstanding bill at one location shall not be served utilities at a
new location until such time that all charges and fees are paid on the previous account.
(c) Prior to the building department issuing a certificate of occupancy on a residential dwelling
or commercial structure, the builder or owner is required to pay the annual solid waste and
stormwater assessment for residential dwelling or commercial structure if services are to be
provided. These assessments covets the cost for removal of garbage, recycling, yard waste,
and other solid waste programs and stormwater management. Each improved property
within the City of Edgewater is charged the solid waste and stormwater assessment.
These assessments are prorated for the month that the certificate of occupancy is applied for, and
it covers the remainder of that fiscal year (October 1 - September 30). Subsequent assessments
are charged each year on the property tax bill after the City of Edgewater Council approves the
annual rate and certifies the solid waste and stormwater assessment roll to the tax collector.
See. 19-7.-Same—Rate increase; annual review of rates.
The foregoing rates shall be reviewed annually by the city council to determine if revenues
are sufficient to properly operate and maintain the utility systems. The city council at that time
will take official action concerning the utility rates.
See. 19-8. -Maintenance of plumbing system.
Either the tenant or property owner, as agreed pursuant to the terms of the lease, shall be
responsible for maintaining and repairing the water, wastewater and reclaimed service from the
privately owned plumbing system to the city distribution water lines, reclaimed water lines and
wastewater lines. In the absence of any such lease provision, the owner shall be responsible for
maintaining and repairing the water, wastewater and reclaimed service from the privately owned
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plumbing system to the city distribution water lines,reclaimed water lines and wastewater lines.
In the event of a wastewater line obstruction, including, but not limited to grease, toys and
diapers, it shall be the responsibility of either the tenant or property owner to hire a private
plumbing contractor to clear the obstruction. The cost of a private plumbing contractor is solely
the responsibility of either the tenant or property owner. Failure to keep the wastewater pipe, i.e.,
the pipe leading from the plumbing system to the city main, cleaned and maintained in the proper
manner will give the city the right to discontinue potable water service until the wastewater pipe
is cleaned and maintained properly. Failure to repair water leaks, potable or reclaimed, in a
timely manner shall grant the city the right to discontinue such water service until repairs are
made.
Sec. 19-9. -Expansion of utility systems outside the City of Edgewater.
Where water, wastewater and/or reclaimed water service is requested beyond the limits of
the present distribution/collection systems,the city shall make determination as to whether or not
to provide service based on economic, public health, and system integrity considerations. In the
event the application is determined to be economically unfeasible, service may still be provided
if the persons requesting such service pay all costs in connection therewith. The city council shall
have the power and authority to authorize said extension(s) upon whatever terms and conditions
the city council shall determine to be in the best interest of the utility system and customers
thereof. At the discretion of the city council, the policy of the city may be to limit expansion or
extension of the utility systems owned by the city.
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