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Home My WebLink About1995-197/s/ss(ora\a.00rings>vuj s,. ORDINANCE NO. 95- 19 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 201, PART II, OF THE INDIAN RIVER COUNTY CODE RELATING TO FRANCHISES FOR WATER AND SEWER SERVICE, BY ADDING A NEW SECTION PROVIDING FOR NO FRANCHISE FEE FOR SEPARATELY BILLED RE -USE WATER. COUNTY, FLORIDA, that: SECTION 1. Chapter 201.08.11 of the Indian River County Code, is amended by adding a new subsection which reads as follows: "Section 201.08.1(c). 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 utility bill. SECTION 2. EFFECTIVE DATE. A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the office of the Secretary of State of the State of Florida within ten days after enactment, and this ordinance shall take effect upon acknowledgment from the Secretary of State that this ordinance has been filed with such office. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 1 day of August , 1995. This ordinance was advertised in the Vero Beach Press Journal on the 1g— day of , 1995, for a public hearing to be held on the day of A i i g U S t 1995, at which time it was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner Adams and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Vice Chairman Fran B. Adams Commissioner Richard N. Bird Commissioner Carolyn K. Eggert Commissioner John W. Tippin ORDINANCE NO. 95J 9 The Chairman thereupon declared the ordinance duly passed and adopted this 1 day of August 19950 k fI if BOARD OF COUNTY COMMISSIONERS t INDIAN 'VER COUNTY FLORIDA I I rr For Fey 'JI By , -4 IF -1, +I ii 19enneth R. Macht F Je-ffrow Barton rk Chairman Fru 1 01.1 IF F IF.IF " ,, w IF 74 IF EFFECTIVE DATE: Acknowledgment by the Florida Department of State this v 15th day of August 1995. Indian River Ch APOroved Daie Admin. p 4S i_e�ai - ^Uj Risk Mgr. COUNTY WATER AND SEWER SERVICES including the Florida Safe Water Drinking Act, and shall meet the standards outlined in the ap- propriate Florida Department of Environmental Regulation, Florida Department of Health and Re- habilitative Services, or St. John's River Water Management District regulations. (Ord. No. 91-9, 3-12-91) Section 201.33. Areas in which chapter to be effective. This chapter shall be effective in the entire un- incorporated area of Indian River County and in those parts of municipalities in which the county is the provider of water or wastewater utility ser- vices. (Ord. No. 91-9, 3-12-91) Section 201.34. Penalties and enforcement. A. Penalties. Any person who shall violate or fail to comply with any of the provisions of this chapter shall, upon conviction, be punished by a fine not to exceed five hundred dollars ($500.00) or six (6) months in jail or both. The county may enforce the provisions of this article by seeking injunctive relief or any other remedies provided by law. B. Enforcement. (l.) [Generally.] In addition to any other en- forcement procedures provided by law, the county code enforcement officer shall be au- thorized to enforce this chapter. (2) Discontinuance of .service and penalty fees. The County shall have the authority to en- force the provisions of this section by the discontinuance of water service in the event of violation hereof. All water used in viola- tion of a declaration of water shortage shall be billed at three (3) times the regular rate. (Ord. No. 91-9, 3-12-91) Section 201.35. Repeal of conflicting provi- sions. All previous ordinances, resolutions, or motions of the county, which conflict with the provisions of this chapter, are hereby repealed to the extent of such conflict. All special acts of the legislature applying only to the unincorporated portion of the Supp. NoI(i county and which conflict with the provisions for this chapter are hereby repealed to the extent of such conflict. Specifically, section 24-31 through and including section 24-67 of the Code of Laws and Ordinances of the county including Ordinance 84-18 are hereby repealed in their entirety. (Ord. No. 91-9, 3-12-91) Section 201.36. Incorporation in Code. The provisions of this chapter shall be incorpo- rated into the county code and the word "ordi- nance" may be changed to "section," "article," or other appropriate word, and the sections of this chapter may be renumbered or relettered to ac- complish such intentions. (Ord. No. 91-9, 3-12-91) Section 201.37. Severability. If any section, part of a sentence, paragraph, phrase or word of this chapter is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining por- tions hereof and it shall be construed to have been the legislative intent to pass this chapter without such unconstitutional, invalid or inoperative part. (Ord. No. 91-9, 3-12-91) Section 201.38. Effective date. The provisions of this chapter shall become ef- fective on April l., 1!191. (Ord. No. 91-9, 3-12 91) Sections. 201.39-201.49. Reserved. PART II. REGULATION OF FRANCHISES Section 201.50. Definitions. (a) Utility means water or sewer utilities serv- ing subdivisions, apartment and housing complex- es, condominium, mobile home or trailer parks, industrial complexes, shopping centers and sirni- lar systems, serving more than one building. Sys- tems serving motels, parks, hospitals, schools and single commercial or industrial buildings require operation permits and are excluded from franchis- es. "Utility" includes wells, pumps, tanks, t.reat- rnent facilities, distribution systems, water meters, 201/15 201.50 INDIAN RIVER COUNTY CODE disposal facilities, force mains, pump stations, col- lection systems, service lines and pipes, real es- tate and easements necessary to such systems and includes every person, corporation, lessee, trustee or receiver owning, operating, managing or con- trolling a utility system or proposing construction of a system or who is providing or proposes to provide water or sewer service to the public. (Ord. No. 93-36, § 1, 12-14-93) Section 201.51. Permit required. Each utility shall obtain a utility permit from the department authorizing it to provide service. The board may establish by resolution, fees to be charged for the issuing of permits. No utility per- mit may be issued by the department unless the applicant has received a franchise from the board. A utility cannot operate or provide service in the area described in section 201.33 of this chapter without a permit. The utility department may issue permits not exceeding eighteen (18) months in duration for temporary systems which have not been issued a county franchise if the services are for specific buildings that have made arrangements to re- ceive permanent service from the county system within the eighteen -month period and the service offered is not generally available to the public. (Ord. No. 93-36, § 1, 12-14-93) Section 201.52. Utilities required to connect to county utility systems. (a) It shall be a condition of any franchise is- sued in the future by the board of county commis- sioners to any water and/or sewer utility that, if and when a county -owned water and/or sewer sys- tem is available, that the utility connect its Sys- tem to the county system regardless of the means by which it has been providing water and/or sew- er services to its customers. This connection shall be at the standard county rates, fees, and charges, including impact fees, with regard to the fact that the utility or owners or both may have construct- ed and paid for, or are paying for, an alternative water and sewer system, even one in good oper- ating condition. (b) Where consistent with law, existing utilities with franchises issued by Indian River County which require the connection under certain con- ditions are authorized by this section to pay the requisite fee, charges and rates, including impact fees, over time as specified by the county in its financing plan for the expansion of the county util- ity system. (Ord. No. 93-36, § 1) 12-14-93) Section 201.53. Special acts. Special Acts Chapter 59-1380 - "Utility Act of Indian River County" may be applied to the reg- ulation of franchises and is set forth in the Ap- pendix of Special Acts to this code. (Ord. No. 93-36, § 1, 12-14-93) Sections 201.54-201.60. Reserved. PART II1. PRETREATMENT REGULATIONS Section 201.61. Adopted by reference. Pretreatment regulations for industrial users have been adopted by ordinance. These regula- tions have not been codified but are in full force and effect as if they were included in this code. A copy of the regulations may be obtained from the clerk to the board of county commissioners or from the utility department of the county. (Ord. No. 94-23, § 2, 7-26-94) Supp. No. 16 20I/16