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HomeMy WebLinkAbout1978-34ORDINANCE NO. 78-34 AN ORDINANCE PROMULGATING THE RATES TO BE CHARGED FOR USE OF COUNTY WATER AND SEWER SERVICES; OUTLINING MEANS OF ENFORCING PAYMENT FOR SUCH SERVICE; PROMULGATING RE- QUIREMENTS FOR CONNECTION; SETTING UP MAINTENANCE REQUIREMENTS; PROHIBITING FREE SERVICE; AND PENALTIES FOR VIOLATION BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That, SECTION 1. CONNECTIONS WITIi WATERWORKS SYSTEM. Where the same shall be available, the owner of every lot or parcel of land within the following described property, hereinafter referred to as "District": Begin at the southwest corner of the northwest quarter of Section 28, Township 32 South, Range 39 East, Indian River County, Florida; thence run north along the west line of the northwest quarter of Section 28 and the west line of the southwest quarter of Section 21 to the northwest corner of the southwest quarter of Section 21, Township' 32 South, Range 39 East; thence run east along the north line of the southwest quarter and the southeast quarter of Section 21, Township 32 South, Range 39 East, to the northwest corner of Tract 9, Section 21, Township 32 South, Range 39 East, Indian River Farms Company Sub- division as per Plat Book 2, page 25, St. Lucie County Records, now Indian River County, Florida;thence run south along the west line of Tract 9 to the southwest corner of Tract 9; thence run east to the southeast corner of Tract 9; thence north along the east line of Tract 9 to the northeast corner of the southeast quarter of Section 21, Township 32 South, Range 39 East; thence east along the north line of the southwest quarter of Section 22, Township 32 South, Range 39 East to the northeast corner of the southwest quarter; thence run north along the east line of the northwest quarter of aforesaid Section 22 to the northeast corner of the northwest quarter of Section 22, Township 32 South, Range 39 East; thence run east along the north line of Section 22, Township 32 South, Range 39 East, to the intersection of the centerline of U.S. Highway No. 1; thence run south and easterly along the aforesaid centerline to the south line of the northwest quarter of Section 23, Township 32 South, Range 39 East; thence run east along the south line of the aforesaid northwest quarter to the southeast corner of the northwest quarter of Section 23, Township 32 South, Range 39 East; thence run south along the east line of the southwest quarter of Section 23, Township 32 South, Range 39 East to the southeast corner of the southwest quarter of Section 23,Township 32 South, Range 39 East; thence east along the south line of the aforesaid Section 23, to the.southeast corner of the southwest quarter of the southeast quarter of Section 23, Township 32 South, Range 39 East; thence run south along the east lines of the west half of the northeast quarter and the west half of the southeast quarter of Section 26, Township 32 South, Range 39 East, to the south line of Section 26; thence run east along the south line of the afore- said Section 26 to the southeast corner of the aforesaid Section 26; thence run south along the west line of Section 36, Township 32 South, Range 39 East, to the northwest corner of the southwest quarter of the northwest quarter of aforesaid Section 36; thence run east along the north line of the southwest quarter of the northwest quarter of Section 36 to the northeast corner of the southwest quarter of the northwest quarter;thence run south along the east line of the aforesaid southwest quarter of the northwest quarter to the southeast corner of the southwest quarter of the northwest quarter of Section 36, Township 32 South, Range 39 East; thence run west along the south line of the northwest quarter of the aforesaid Section 36 to the west line of Section 36; thence continue west along the south line of the northeast quarter of Section 35, Township 32 South, Range 39 East to the City Limits of the City of Vero Beach, Florida, said City Limits lying and being east of U. S. Highway No. 1; thence run north and westerly along the City Limits of the City of Vero Beach to the intersection of the north line of Section 35, Township 32 South, Range 39 East; thence run west along the aforesaid north line to the intersection of the west right-of-way of the Florida East Coast Railway and also the City Limits of the City of Vero Beach, Florida; thence run north and westerly along the aforesaid City Limits to the south line of the northwest quarter of Section 26, Township 32 South, Range 39 East; thence run westerly through the centers of Sections 26, 27 and 28 to the southwest corner of the northwest quarter of Section 28, Township 32 South, Range 39 East and the point of beginning. Also all of that land in Tracts 11, 12, 13 and 14, Section 27, Township 32 South, Range 39 East, lying south of South Gifford Road and north of the north City Limits of the City of Vero Beach, Florida, and all of Tracts 9, 10, 11, and 12 of Section 28, Township 32 South, Range 39 East, lying south of the South Gifford Road and north of the north City Limits of the City of Vero Beach, Florida; and also all of the northwest quarter of the northeast quarter of Section 36, Township 32 South, Range 39 East; said land lying and being in Indian River County, Florida. may (except as limited by Section 3) connect, or cause the plumbing of any building or buildings thereon to be connected, with the County waterworks system of Indian River County, Florida, and use the facilities of such system. All such connections shall be made in accordance with the rules and regulations which shall be adopted from time to time by the Board of County Commissioners of Indian River County, Florida, which rules and regulations shall provide for a charge for making such connections in such reasonable amount as such Board may fix and determine by Resolution. SECTION 2. CONNECTIONS WITH SEWER REQUIRED. The owner of each lot or parcel of land within the District, upon which lot or parcel of land any builing, 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 or trailer or trailers to be connected with the public sewer facilities of the County sewer system of Indian River County, Florida, and use such facilities within two (2) months following notification to do so by the Utilities Department of Indian River County, Florida. All such connections shall be made in accordance with the rules and regulations which shall be adopted from time to time by the Board of County Commissioners of Indian River County, Florida, which rules and regulations shall provide for a charge for making any such connections in such reasonable amount as such Board may fix and determine by Resolution. No connection or connections shall be required where said sewer system or line is more than two hundred (20'0) feet from such lot or parcel of land. SECTION 3. SEWER CONNECTIONS REQUIRE COUNTY WATER. All connections to the County sewer system shall be simultaneously connected to the County water system. No County sewer service shall be provided without County water. -2- SECTION 4. EXCEPTIONS TO CONNECTIONS. shall not be construed to require or entitle the private property of another to make any connection. This Ordinance . any person to cross such sewer or water SECTION 5. CONNECTIONS MAY BE MADE BY COUNTY. If any such owner of any lot or parcel of land within the District shall fail and refuse to connect with and use the facilities of the sewer system of the County after notification by the Utilities Department, as provided herein, then the Utilities Department shall be authorized to make such connections, entering on or upon any such lot or parcel of land for the purpose of•making such connections. The County 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 costs or making such connections, the County 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 County in the same manner provided by the laws of Florida for the foreclosure of mortgages upon real estate. SECTION 6. RATES A. A rate schedule will be adopted by the County providing for the following user rates: WATER RATE RESIDENTIAL AND COMMERCIAL First 2,000 Gallons All over 2,000 Gallons B. SEWER RESIDENTIAL COMMERCIAL 1. Apartments, multi -family units, mobile home parks with water meters $7.10 per month -Minimum $1.50 per 1,000 Gallons RATE $7.50 per month per single-family dwelling Minimum 800 of base rate per unit or 90% of total water consumption times $1.50 per 1,000 gallons, whichever is greater. 2. Motels and hotels (restaurants Minimum 200 of base rate as part of motel or hotel is per room or 1000 of total billed separately.as water consumption times restaurant) $1.50 per 1,000 gallons, whichever is greater. 3. Restaurants 4. Laundromats -3- Minimum base rate or 100% of total water consumption times $1.50 per 1,000 gallons, whichever is greater Minimum 50% of base rate per machine or 100% of total water consumption time $1.50 per 1,000 gallons, whichever is greater. 5. All others, including schools, Minimum base rate or 90% public buildings, churches, of total water consumption service stations, and retail times $1.50 per 1,000 stores whichever is greater SECTION 7. UNLAWFUL CONNECTION. No person shall be allowed to connect into any water line or sewer line owned by the County without the written consent of the County, and then the connection with such line shall be made only under the direction and super- vision of the Utilities Department. Any property owner, plumber or other individual who shall make any connection without such consent of the County shall, upon conviction be subject to the penalties hereinafter provided. SECTION 8. UNLAWFUL CONSTRUCTION. 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 District which is within two hundred (200) feet of a public sanitary gravity sewer line, unless it is provided with public water -carried sewerage facilities. SECTION 9. CONNECTING OLD PLUMBING. Whenever it is desirable or required to connect old plumbing with the County sewer main and/or water line, the owner or plumber contemplating doing such work shall notify the County Utilities Department 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 such connection. Alterations shall be made within two (2) months of notification. Any owner or plumber who shall make any connection without the approval of the County Utilities Department shall, upon conviction, be subject to the penalties hereinafter provided. SECTION 10. SANITARY REQUIREMENTS. Every residence and building in which an beings reside, are employed or congregated, shall be required to have a sanitary method of disposing human excrement, namely either a sanitary water closet that is connected with the County sewer, or an approved type of septic tank. A septic tank will be used only if the property is more than two hundred (200) feet from the gravity sewer line. SECTION 11. DISPOSAL REQUIREMENT. It shall be unlawful for any person, persons, firm or corporation owning or leasing any premises in the District, to permit the disposal of any human excrement on any property, leased or rented by any such person, firm or corporation, except in a sanitary water closet where sewage lines are available as defined above. SECTION 12. SEPTIC TANK. No septic tank other than those approved by the appropriate State Agencies shall be constructed or installed within the District. No septic tank shall be constructed within two hundred (200) feet of a County gravity sewer line. SECTION 13. MAINTENANCE OF PLUMBING SYSTEM. The owner of the property shall be responsible for maintaining and keeping clean the water and sewer pipes leading and connecting from the plumbing system to the County distribution lines and main sewers. SECTION 14. PAYMENT OF FEES AND BILLS REQUIRED. Bills for the monthly charges and fees hereinbefore n.enti� oned shall be submitted and shall be payable on the 10th day of each month and if such monthly bill shall be and remain unpaid on and after the 20th day of such month for such service, a penalty of $1.50 shall be imposed and be added to said bill, and the water service to the consumer shall be subject to discontinuance and shall not be reconnected after discontinuance until all past due water bills and sewage disposal fees are fully paid, together with said charge of $20.00 reconnection fee. -4- . SECTION 15. COLLECTION OF SEWER FEES WHERE OWNER HAS COUNTY WATER SUPPLY. Where sewage disposal fees are not paid in accordance with the provisions outlined above, the County shall have a right to cut off the water supply to the plumbing system and the owner shall have no right to reconnect the water supply until the sewage disposal fees have been paid in full. Any violation of this provision by reconnecting the water supply, until such sewage disposal fees are paid in full, shall be considered a violation of this Ordinance and subject to the penalties hereinafter provided. SECTION 16. FAILURE TO MAINTAIN PLUMBING SYSTEM. Failure to keep the sewer pipe, i.e., the pipe 'leading from the plumbing system to the sewer main, clean and maintained in a proper manner will give the County the right to cut off the water connection, which shall not be reconnected until the sewer pipe is cleaned and maintained -properly. Any violation of this provision by reconnecting the connection from the County water line, 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 17. NO SERVICE FEE. No water nor sewage disposal service shall be furnished or rendered free of charge to any person, firm, or corporation whatsoever, and the County and each and every agency, department or instrumentality which uses either or both such services shall pay therefor at the rate fixed by this Ordinance. SECTION 18. SEPARATE CONNECTIONS FOR EACH SEPARATE UNIT. Each building whether occupying one or more lots and whether it shall occupy any lot or parcel.jointly with any other residential building shall be billed separately for the payment of the water fees and the sewage disposal fees, and separate connections and meters will be required for each building. SECTION 19. 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 or imprisonment or by both such fine and imprisonment as provided by law. Any failure or refusal by an owner to connect to the County sewer system after 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 20. All Ordinances or parts of Ordinances and all Sections or parts of Sections of the Code of Ordinances of Indian River County, Florida, in conflict herewith are hereby repealed. SECTION 21. effective upon EFFECTIVE DATE. This Ordinance shall become its passage. THIS ORDINANCE SHALL BECOME EFFECTIVE NOVEMBER 6, 1978. STATE OF FLORIDA. INDIAN FIVER COUNTY THIS IS TO CERTIFY THAT THIS IS �. TRUE h.ND C` -"RR -,CT COPY OF THE C',:: ,ip;AL C',,N FLE IN THIS OFFICE. FREDA WRIGHT, CLERK BY D.C. OATS