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ORDINANCE NO.'538—
AN ORDINANCE REQUIRING CONNECTION WITH THE
MUNICIPAL SEWER SYSTEM; PROMULGATING
DEFINITIONS AND CLASSIFICATIONS; PROMULGATING
RATES TO BE CHARGED THEREFOR; OUTLINING MEANS
OF ENFORCING PAYMENT FOR SEWER SERVICE;
PROMULGATING REQUIREMENTS FORCONNECTIONTO
THE MUNICIPAL SEWER SYSTEM, SETTING FORTH
MAINTENANCE REQUIREMENTS; PROHIBITING FREE
SEWER SERVICE; AND PROMULGATING PENALTIES FOR
VIOLATIONS THEREOF.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA:
Section 1. CONNECTIONS 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
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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 combined 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 provide for a charge for making any such
connections in such 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. YCONNECTIONFp.' MAY BE MADE BY CITY. If any such owner of
any lot or parcel of land within the City shall fail and refuse to
j connect with and use the facilities of the sewer system of the City
after not9icntion by the City Clerk, as provided in Section 1 hereof,
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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 lien 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 estate.
Section 3. DEFINITIONS AND CLASSIFICATION OF SEWER SERVICE.
A. Definitions
1. Sewer Services
Each account for which a separate periodic billing is
made by the City shall constitute a sewer service.
2. Family Dwelling 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
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or buildings including apartment and condominium
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 the 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 forthe 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
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in a multiple family residence. If 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 plot or lot
found existing on the ground upon physical inspection
shall be considered atrailer space.
B. Tone of Sewer Service and Charge Therefor
1. Residential
a, Single family - $3.50.per month.
b, Multiple family - P- 50 per month for first
'. family dwelling unit. $2.50 per month for
each additional family dwelling unit.
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- 2. Hotels and Motels---_—' "---
a. First Hotel or Motel Unit - $3.50 per month,
whether occupied or unoccupied.
b. Each Additional Hotel or Motel Unit - $1.20
per month, whether occupied or unoccupied.
c. Restaurant on Conjunction
(1) First 15 seating capacity - $3.50 per month. V
(2) Each additional five (5) seating capacity or
part thereof - $1 per month.
d. Swimming Pool in Conjunction
(1) Recirculation type
Up to 50,000 gallon capacity - $6 per month.
Over 50,000 gallon capacity -.$.12 per month per
1000 gallon capacity.
(2) Flow Through Type
Up to 50,000 gallon capacity - $12 per month.
Over 50,000 gallon capacity - $.24 per month per
1000 gallon capacity.
3. Trailer Parks
a. First trailer park unit or space - $3.50 per
"- month. i
b. Each additional trailer unit or space - $1:20
per month, whether occupied or unoccupied.
c. Swimming Pool in Conjunction.
'(1) Recirculation type
Up to 50,000 gallon capacity - $6 per month.
Over 50,000 gallon capacity - $.12 per month per
1000 gallons.
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(2) Flow Through Type
Up to 50,000 gallon capacity - $12 per month.
Over 50;000 gallon capacity - $.24 per month per
1000 gallons.
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4. Schools
a. Public or Private Schools
Public or private schools $.10 per month per day
student and/or faculty member and $1 per month
per boarding student and/or boarding faculty
member.
5. Commercial Including:
a. Restaurants(not operated in conjunction with a
hotel or motel), clubs, (service, fraternal or
athletic), churches, public buildings, offices,
clinics, nursing homes, libraries,T markets, shops,
industrial (other than special industrial)-100% of
water bill with minimum of $3.50 per month.
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6. Special Industrial
(Dairies, and food Processing Plants, Commercial
Laundries and other industries with high sewage
strengths or high sewage volume characteristics.)
$1 per month per population equivalent. The
number of population equivalence is determined as
either;
(a) The average number of 100 gallon units per day
' with strength less than 200 p.p.m. of 5 days B.O.D.,
or;
(b) For waste averaging over 200 p.p.m. of 5 day
B.O.D., the average number of pounds of B.O.D.
,per day delivered to the sewer divided by 0.17
pounds. "-
Pre-treatment may be required for any waste
determined by the city to be harmful to the
operation of the collection system, the sewage
treatment facilities and/or the water discharge
with the receiving waters.
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The average B.O.D. value of such waste will be -
established by the City from composite samples
collected over an adequate period. The flow shall
be determined by actual measurement of the flows
entering the collection system over an adequate
period of time to establish the average discharge
per production unit, and thereafter, may be based
upon the actual number of production units produced.
7. Hospitals
$2 per bed per month.
B. Other
Rates to be charged for service types not ,
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specifically included in the above shall be
established by the City Council as the need for
such other rates occur.
C. Application of Sewer Service Charges
1. ImprovedProperties
A monthly sewer service charge shall be due and
payable on account of all improved properties,
including all occupancy units and trailer places within
the City limits to which sewer service is available
whether connected or not; and fully occupied or not,
except as hereinbefore set forth.
2. Multiple Commercial and Industrial
Each separate commercial and/or industrial establish-
ment in a multi -unit building, whether served by a
separate sewer service or not shall be considered as
�r a separate sewer customer.
3. 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.
4. 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.
5. Improvement Razedi Destroyed or Abandoned
The monthly sewer service charge shall be removed from
property only upon submission of evidence which is, in
the opinion of the City building and plumbing inspector,
adequate to establish that the improvement ppon said
property has been razed, destroyed or abandoned.''
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Discontinuance of Service Charge
e monthly sewer servicecharge shall be removed
om any property which is totally vacated upon the
scontinuance of water service to the entire property,
d there shall be no further charge until and unless
ter service is again resumed.
The City also reserves the right to enter into
contracts with large users of sewer service for the
, purpose of setting and determining a monthly charge or
rate for the use of such sewer system, which monthly
rate or charge for the use of such sewer system may be
computed upon a different basis than set forth in this
section: Such contracts may be entered into by means
of resolution duly adopted by the City Council.
8. 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
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-- capable of being used by any trailer occupying -the---- ---
said plot, lot or pad.
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 agreement or agreements
with the subdivider or developer as the City Council may deem
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 extension
policy shall not apply to property located outside the
city limits. When more than100 feet of sewer pipe or
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mains are required,the person requesting the service will
pay all costs in connection therewith,exoept for the firstl0e:
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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
servicein an amount equal to 201% of the amount of their
annual sewage bill, and in addition, ?Qh 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 the point 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
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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
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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 subdivider or
developer an amount equal to Moo of the charge for
sewage service of said sewage system until an amount
equal to the cost of 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. 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
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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 human 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.
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who will inspect said old plumbing and notify the owner or,glumber_------.
what alterations will be necessary to place said old plumcing 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.
Section 10. DISPOSAL REQUIREMENTS. It shall be unlawful 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 closet where sewage
lines are available as defined above.
Section 11. SEPTIC TANK. No septic tank other than those approved by
the State Board of Health shall be construe d within the corporate'
limits 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.
1' Section 13. PAYMENT OF FEES AND BILLS REQUIRED. Bills for the. monthl
,I sewage disposal charges hereinbefore mentioned shall be submitted and
° shall be paid monthly along with the monthly water charges where city
water ie furnished. If any monthly bill for sewage disposal service
I� 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
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bill shall be and remain due and unpaid for a period of sixty days
from the date of this bill, the water service to the consumer shall
be discontinued and shall not be re -connected until all past c}ue
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. COLIECTION OF FEES WHERE OWNER HAS PRIVATE WATER SUPPLY.
Where sewage disposal fees are not paidin 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 or 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.
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Section 16. NO SERVICE FREE. No sewage disposal service shall be
furnished or rendered free of charge to any person, firm or corporation
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
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for each such offense, be subject to a fine of not to exceed $300 or
by imprisonment 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 sewer system
upon notification to do so, 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. 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, agreementsor 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.. EFFECTIVE HATE. This ordinance shall become effective
immediately upon its passage and approval by the Mayor.
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Section 21. REPEALING PROVISION. All ordinances or parts of
ordinances in conflict herewith be, and the same are hereby repealed.
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 theZrd day 'of ePr•il A.D., 19615.
Upon motion duly made, seconded and carried, the requirement of
reading such ordinance upon second reading was waived and the
ordinance was ordered 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 ird day of
April A.D., 1968 and approved as provided by law, the
vote of said Council being as-€pllows: , /l
Councilman
Councilman
A est:
City Clerk
Approved this 3rd day of
A.Dy, 196q.
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