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406ORDINANCE # 406 AN ORDINANCE REQUIRING CONNECTION WITH THE MUNICIPAL SEWER SYSTEM; PROMULGATING THE RATES TO BE CHARGED THEREFOR; OUTLINING MEANS OF ENFORCING PAYMENT FOR SEWER SERVICE; PROMULGATING REQUIREMENTS FOR CONNECTION TO THE MUNICIPAL SEWER SYSTEM; SETTING UP MAIN- TENANCE REQUIREMENTS; PROHIBITING FREE SEWER SERVICE; AND PENALTIES FOR VIOLATION. BE IT ENACTED BY THE CITY OF EDGEWATER, FLORIDA, that: SECTION 1. CONNECTIONS WITH SEWER REQUIRED. The owner of each lot or parcel of land within the City of Edge- water, Florida, hereinafter called the "City", 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 ortrailer 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 notifi- cation so to do by the Clerk of the City. 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 said 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. Provided, how- ever, that no connection or connections shall be required where said sewer system or live 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 wbd l of another to make such sewer connections; and provided further that there shall be no connection charge for connec- tions during construction of said sewer project. SECTION 2. CONNECTIONS MAY BE MADE BY CITY. If any such owner of any lotcr parcel of land within the City shall fail and refuse to connect with and use the facilities of the sewer system of the City after notification by the City Clerk, as provided in Section 1 hereof, then the City shall be authorized to make such connections, entering on or upon any such lot or parcel of land for the purpose of making such connection. The City shall thereupon 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 cost of making such connections, the City shall have a lien on such lot or parcel of land for such cost, which lien shall be an equal dignity widithelien of state and county and municipal taxes. Such lien may be foreclosed by the City in the same manner provided by the Laws of Florida for the foreclosure of mort- gages upon real estate. SECTION 3. CHARGE OR RATE FOR SEWER SERVICE. A. Any user of the services of the sewer system shall pay therefor a monthly charge or rate as follows: Customer Classification Monthly Charge Residential Single Family $3.50 -2- Multiple Family and Apartments First Unit $3.50 Additional Units 2.50 Motels and Trailer Parks First Unit 3.50 Additional Units 1.20 Public Buildings 5.00 Commercial and Industrial 5.00 B. 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 becomputed upon a basis different than set forth in the paragraph imme- diately preceding. Such .contracts may be entered into by mears of resolution duly adopted by the City Council. C. The sewer system or lines shall be considered as being available to any owner of property where such pro- perty is situated within on e hundred feet of any sewer line or main, and it is not necessary to cross the private pro- perty of another to make connection thereto. SECTION 4. UNLAWFUL CONNECTION. No person shall be allowed to connect into any sewer, owned bythe City, without the written consent of the City, and then the connection with such sewer shall only be made under the direction and supervision of the City. SECTION 5. FURTHER REQUIREMENTS ON CONNECTION. No person, group ofpersons, 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 one hundred feet of a public sanitary sewer line -3- unless it is provided with water -carried sewerage facilities. SECTION 6. CONNECTING OLD PLUMBING. Whenever it is desirable to connect old plumbing with theCity sewer main, the owner or plumber contemplating doing such work shall notify the City Plumbing Inspector who will inspect said old plumbing and notify the owner or plumber what alterations will be necessary to place said old plumbing in an acceptable condition for connection with the sewer main. Any owner or plumber who shall make any connection without the approval of the Plumbing Inspector shall, upon conviction, be subject to the penalties hereinafter provided. SECTION 7. SANITARY REQUIREMENTS. Every residence and building in which human beings reside, we 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, or an approved type of septic tank. SECTION 8. DISPOSAL REQUIREMENTS. It shall be unlawful for any person, persons, firm orcorporation owning or leasing any premises in the City to permit the disposal of any human excrement on any property, leased oriented by any 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 9. SEPTIC TANK. No septic tank other than those approved by the State Board of Health shall be con- structed within the corporate limits of Edgewater, Florida. -4- SECTION 10. MAINTENANCE OF PLUMING SYSTEM. The owner of the property shall be responsible formaintaining and keeping clean the sewer pipe leading and connecting from the plumbing system to the City main sewers. SECTION 11. PAYMENT OF FEES AND BILLS REQUIRED. Bills for the monthly sewage disposal fees hereinbe£ore mentioned shall be submitted and shall be paid monthly along with the monthly water fees and charges where City water is furnished. If any monthly bill for sewage disposal service shall be and remain unpaid on and after 30 days from the date of submission of said bill for such service, a penalty of ten per cent of said bill shall be imposed and be added to said bill, and, if said bill shall continue and remain due and unpaid for a period of 60 days from the date of such bill, the water service to the consumer shall be discontinued and shall not be re -connected until all past due water bills and sewage disposal fees are fully paid, together with a re -connection charge of Five Dollars($ -0 ). SECTION 12. COLLECTION OF FEES WHERE OWNER HAS PRIVATE WATER SUPPLY. Where sewage disposal fees are not paid in accordance with provisions outlined above , in those instances where the owner has his own private water supply, the City shall have a right to cut off such water supply to the plumbing system, and theowner shall have no right to re -connect his own private water supply untilthe sewage disposal fees shall have been paid in full. Any violation of this provision by re -connecting his private water supply, until -5- such sewage disposal fees are paid in full, shall be considered a violation of this Ordinance and subject to the penalties hereinafter provided. SECTION 13. FAILURE TO MAINTAIN PLUMBING SYSTEM. Failure to keep the sewer pipe clean and maintained in proper manner, to -wit: The pipeleading from the plumbing system to the City main, 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 these instances where the owner has his own private water sypply, the City shall have the right to cut off such water supply to the plumbing system, and theowner shall have no right to reconnect his own private water supply until the sewer pipe leading from the plumbing system to the City main has been maintained and cleaned and in proper condition. Any violation of this provision by re -connecting his private water supply or the connection from the City water main, until such sewer pipes are cleaned and maintained properly, shall be considered a violation of this Ordinance and subject to the penalties hereinafter provided. SECTION 14. 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 15. SEPARATE CONNECTIONS FOR EACH SEPARATE UNIT. Each lot or building site shall be considered a separate G:fl unit for the payment of the water fees and the sewage disposal fees and service, and separate connections will be required for each of such units. SECTION 16. 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 or by imprisonment for not to exceed ninety 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 after notification so to do, as hereinabove provided, or any failure or refusal to pay the charges or rates hereinabove provided in Section 3 hereof, shall be construed to be a violation of this Ordinance. SECTION 17. If any one or more of the covenants, agreements or provisions of this Ordinance should be held contrary to any express provision of law or contrary to the policy of express law, though not ex- pressly prohibited, or against public policy, or shall for any reason what- soever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions of this Ordinance. SECTION 18. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its passage and approval by the Mayor. SECTION 19. 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 the regular meeting of said Council held on May 4, 1964. Upon motion duly made, seconded and carried, the requirements of reading such Ordinance upon second reading was waived and the Ordinance was ordered put upon final passage. - 7 - Passed by vote of the City Council of the City of Edgewater, Florida, at the regular meeting of said Council held on the 4th day of May, 1964, and approved as provided by law, the vote of said Council being as follows: i r i Councilman /> IM i Councilman V - 8 -