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HomeMy WebLinkAbout1999-166/7/99(ord\a mend\uti I )D H/vk ORDINANCE NO. 99- 16 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 201, WATER AND SEWER SERVICES, OF THE INDIAN RIVER COUNTY CODE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1, SUBSTITUTION OF "CAPACITY CHARGE" FOR "IMPACT FEE" Wherever in Chapter 201 the words "impact fee" or its various forms are used, the words "capacity charge" or such various forms shall be substituted. SECTION 2, SUBSTITUTION OF "PROTECTION' FOR "REGULATION" Wherever in Chapter 201 the words "Florida Department of Environmental Regulation" are used, the words "Florida Department of Environmental Protection" shall be substituted. SECTION 3. Section 201.01.D., which reads: "Water is water from the County water supply system." is amended to read as follows: "Water is water from the County water supply system. Reclaimed water is water as specifically provided for under Chapter 202 of the County Code and Chapter 62-610, Florida Administrative Code." SECTION 4. Section 201.01.G., which reads: "Equivalent Residential Unit (ERU) is the amount of water used or wastewater produced by a typical residential unit, which water use ranges from zero to three hundred gallons per day on a maximum day basis or two hundred fifty gallons per day on a maximum month basis." is amended to read as follows: "Equivalent Residential Unit (ERU) is the amount of water used or wastewater produced by a typical residential unit, which water use ranges from zero to three hundred gallons per day on a maximum day basis or zero to two hundred fifty gallons per day on a maximum month basis. For manufactured home communities (MHC) or department -qualified, multi- family designation (grouped units without exterior water usage, generally master -metered) a factor of 0.85 will be applied to purchased residential ERUs." SECTION 5. Section 201.07.1., which reads: "Single-family home including modular and prefabricated .. = 1." is amended to read as follows: "Single-family Designation. A category of dwelling units including multiplex, modular and prefabricated, on individually -owned lots. Per unit = 19 11 SECTION 6. Section 201.07.3, which reads: "Apartment. A living unit within a building or group of buildings containing sleeping room accommodations with a bath and offered for rent or lease for one month or longer, per living unit . = 1." is amended to read as follows: "Multi -Family Designation. A category of grouped dwelling units generally master -metered, in which the owner's or tenant's personal property use privilege is limited to interior areas only; and ownership, cost and use of common areas is shared with other owners and/or tenants; and individual units have no exterior water usage. Per unit = 0.85." SECTION 7. Section 201.07.6 , which reads: "Condominium. That form of ownership of property, under which units or improvements are subject to ownership by one or more owners, and there is appurtenant to each unit as part thereof an undivided share in the common elements. Condominium property means and includes the land in a condominium whether or not contiguous, and all improvements thereon and all easements and rights appurtenant thereto intended for use in connection with the condominium, per living unit ... 1" is amended to read: "Townhouse, villa, and other named dwellings with personal property use of exterior areas. A category of grouped dwelling units generally individually metered in which the owner or tenant has personal property use of exterior areas contiguous to dwelling interior areas; and ownership, cost and use of common areas is shared with other owners and/or tenants; and each individual dwelling unit has the ability to have exterior water usage. Per living unit ... 1" SECTION 8. Section 201.07.7, which reads: "Mobile home, trailer. A structure which is transportable in one or more sections, which is built on a permanent chassis and which is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, per living unit ...= 1." is amended to read as follows: "Mobile home, trailer. A structure which is transportable in one or more sections, which is built on a permanent chassis and which is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, per living unit = 1." SECTION 9. Section 201.07.8, which reads: "Townhouse. A one -family dwelling in a group of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls, per living unit = 1. is amended to read as follows: "Manufactured Home Community. A community of dwellings subject to regulation by Chapter 723, Florida Statutes, as determined by the Department. Per unit .. = 0.85." SECTION 10. Section 201.27, which reads: "In the event that a business is described in the schedule by general classification but the particular nature of said business or structure would result in an inequitable connection charge if the schedule were used, the Department in its discretion, may determine that a higher or lower number of units shall be used ...= 1." is amended to read as follows: "In the event that a business is described in the schedule by general classification but the particular nature of said business or structure would result in an inequitable connection charge if the schedule were used, the Department in its discretion, may determine that a higher or lower number of units shall be used, but in no case shall a retroactive payment, credit or charge for a reclassification of use or number of units be due and payable to the owner or resident, unless the Department, in its sole discretion, determines that such a credit or charge is required by equitable consideration = 1." SECTION 11. Section 201.08.H , which reads: "Deposits required upon opening, transferring, reconnecting, refund policy. The County shall require a deposit for each water and sewer account opened, transferred to another name, or reconnected to the system based on the number of ERUs. The deposit will be retained in an interest bearing account, the interest on which will be paid to the customer upon refund of the deposit. Upon discontinuance of service and rendering of final bill, the deposit shall be refunded, less any amount remaining unpaid. In the event any customers service is shut off for nonpayment, prior to reconnection the customer will pay the accrued base facilities charge plus, if at the discretion of the Department it is necessary to insure payment, a deposit equal to twice the customer's average monthly bill in lieu of following the schedule set forth hereafter. Customers who have not been assessed late payment fees or been shut off for nonpayment for a period of twenty-four months shall receive a refund of their deposit; except that deposits of customers who are tenants or who otherwise rent or lease the structure served by water or sewer utilities will be retained until service is discontinued to that tenant." is amended to read as follows: M "Deposits required upon opening, transferring, reconnecting; refund policy. The County shall require a deposit for each water and sewer account opened, transferred to another name, or reconnected to the system based on the number of ERUs. The deposit will be retained in an interest bearing account, the interest on which will be paid to the customer upon refund of the deposit. Upon discontinuance of service and rendering of final bill, the deposit shall be refunded, less any amount remaining unpaid. In the event any customer's service is shut off for nonpayment, prior to reconnection the customer will pay the accrued base facilities charge plus, if at the discretion of the Department it is necessary to insure payment, a deposit equal to twice the customer's average monthly bill in lieu of following the schedule set forth hereafter. Customers who have not been assessed late payment fees or been shut off for nonpayment for a period of twenty-four months shall receive a refund of their deposit; except that deposits of customers who are tenants or who otherwise rent or lease the structure served by water or sewer utilities and including all commercial accounts will be retained until service is discontinued to that customer." SECTION 12, Section 201.08.1(c), which reads: "No franchise fee for separately billed re -use water. Notwithstanding any contract, ordinance, or policy of the board to the contrary, the County shall not charge any franchise fee on the portion of any utility bill for the cost of reclaimed water usage if the charge for the re -use water usage is shown as a separate line items on the bill." is amended to read as follows: "No franchise fee for separately billed reclaimed water. Notwithstanding any contract, ordinance, or policy of the board to the contrary, the County shall not charge any franchise fee on the portion of any utility bill for the cost of reclaimed water usage if the charge for the reclaimed water usage is shown as a separate line item on the utility bill." SECTION 13. Section 201.09.D., which reads: "Time payment of impact fee upon showing of hardship. The county may allow payment of the water and/or sewer impact fees in whole or in part over a period not to exceed five years at such interest to be determined by the board. A lien for any such amount due shall be executed in recordable form reflecting the payment schedule and may be filed in the public records of Indian River County, Florida. Upon all payments being made in full, the lien shall be released of record." is amended to read as follows: "Time payment of capacity charges upon showing of hardship. The county may allow payment of the water and/or sewer capacity charges in whole or in part over a period not to exceed five years at such interest rate to be determined by the board. This period may be extended to ten years if the applicant can successfully demonstrate to the Department that all other funding sources have been exhausted and provided the Department does not have a cash flow problem. A superior lien for any such amount due shall be executed in recordable form reflecting the payment schedule and may be filed in the public records of Indian River County, Florida. Upon all payments being made in full, the lien shall be released of record. c, SECTION 14. Section 201.09.E., which reads: "Refund of impact fees. Any customer whose monthly water use or sewage flow remains below the amount corresponding to the number of ERUs assigned to such customer for a period of twenty-four months and for which impact fees have been paid, may make application to the Department to reduce the number of ERUs assigned and seek corresponding reimbursement of impact fees paid. In no case will less than one ERU per living unit be assigned. The County may refund impact fees actually paid, without interest, based on the impact fee schedule in effect at the time of original payment, provided the Department has resold such ERUs. Subsequent water use or sewage flow in excess of flows corresponding to customers number of assigned ERUs will be subject to the excess volume surcharge stipulated in section 201.08." is amended to read as follows: "Refund of capacity charges. Any commercial customer whose maximum monthly water use or sewage flow remains below the amount corresponding to the number of ERUs assigned to such customer for a period of twenty-four months and for which capacity charges have been paid, may make application to the Department to reduce the number of ERUs assigned and seek corresponding reimbursement of capacity charges paid, as they are resold by the County. The County may refund capacity charges actually paid, without interest, based on the capacity charge schedule in effect at the time of original payment or at the prevailing rate, whichever is less, provided the Department has resold such ERUs since the capacity charge refund application was made. Subsequent water use or sewage flow in excess of flows corresponding to customer's number of assigned ERUs will be subject to the provisions of this chapter." SECTION 15, Section D. shall be added to Section 201.22, and shall read as follows: "Provisions of this subsection apply to rental residential complexes where tenants are not real property owners. Its primary application is to apartments, recreation vehicle parks and trailer parks where short-term tenancies are the norm. Applicability of this subsection to mobile/manufactured home communities, which generally are based on lifetime homeowner tenancies, is subject to the constraints having been placed upon the laws and ordinances enacted by units of local government by Chapter 723, Florida Statutes. The state legislature's intent and preemption of the subject matter and of state regulation of the complex relationship which exists between manufactured home park owners and tenants are set forth in Sections 723.004(1),(2), and (3), which prohibit any units of local government from enacting any laws or ordinances in conflict with Chapter 723, FOS." SECTION 16. Section 201.33, which reads: "This chapter shall be effective in the entire unincorporated area of Indian River County and in those parts of municipalities in which the county is the provider of water or wastewater utility services." is amended to read as follows: "This chapter shall be effective in the entire unincorporated area of Indian River County and in those parts of municipalities in which the county is the provider of water or wastewater utility services or outside Indian River County if authorized by the County." SECTION 17, Section 201.34.6.(2), which reads: "Discontinuance of service and penalty fees. The County shall have the authority to enforce the provisions of this section by the discontinuance of water service in the event of violation hereof. All water used in violation of F • V a declaration of water shortage shall be billed at three times the regular rate." is amended to read as follows: "Discontinuance of service and penalty fees. The County shall have the authority to enforce the provisions of this section by the discontinuance of water service in the event of violation hereof. All water used in violation of a declaration of water shortage shall be billed at three times the normal cumulative billing." SECTION 18. SEVERABILITY If any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 19. EFFECTIVE DATE The ordinance was advertised in the Vero Beach Press Journal on the 11 th day of June 1999, for a public hearing to be held on the 22nd day of „nP 1999, at which time it was moved for adoption by Commissioner G i nn , seconded by Commissioner T i e p i n , and adopted by the following vote: Chairman Kenneth R. Macht Aye Vice Chairman Fran B. Adams Aye Commissioner Caroline D. Ginn Aye Commissioner Ruth Stanbridge Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the ordinance duly passed and adopted this 2 2:rrd day'of _ June , 1999. ,. ` BOARD OF COUNTY COMMISSIONERS INDIAN ER COUNTY, ORIDA h v Atte J .K Bart6r rk `rt `( t: :. Ke Ma cht nneth R. ,,Deputy, Clerk _ :4: Chairman PATRIC.IA M Rl'b\G'ElY I Florida Secretary State. This ordinance shall take effect upon filing with the of The ordinance was advertised in the Vero Beach Press Journal on the 11 th day of June 1999, for a public hearing to be held on the 22nd day of „nP 1999, at which time it was moved for adoption by Commissioner G i nn , seconded by Commissioner T i e p i n , and adopted by the following vote: Chairman Kenneth R. Macht Aye Vice Chairman Fran B. Adams Aye Commissioner Caroline D. Ginn Aye Commissioner Ruth Stanbridge Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the ordinance duly passed and adopted this 2 2:rrd day'of _ June , 1999. ,. ` BOARD OF COUNTY COMMISSIONERS INDIAN ER COUNTY, ORIDA h v Atte J .K Bart6r rk `rt `( t: :. Ke Ma cht nneth R. ,,Deputy, Clerk _ :4: Chairman PATRIC.IA M Rl'b\G'ElY I AC NOWLEDGMENT by the Department of State of the State of Florida, thiso day of , 1999.