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HomeMy WebLinkAboutCode Master Project 1978: Chapter 671: Sewer ServiceCodify Codified Sept 31 ORDINANCE NO. 15-90 AN ORDINANCE AMENDING CHAPTER 671 , SEWER SERVICE, OF THE CODE OF ORDI- NANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY AMENDING THE REGULATIONS REGARDING SEPTIC TANKS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1 . Chapter 671 , Sewer Service, of the Code of Ordi- nances of the City of Cape Canaveral, Florida is hereby amended by amending Sub-section 671 . 01 by deleting the last sentence which reads: "No connection or connections shall be required where said sewer system or line is more than one hundred fifty ( 150) feet from such lot or parcel of land. " SECTION 2. Sub-section 671 . 05 is hereby deleted in its entirety and replaced with the following: Sec. 671 .05 Unlawful Construction. No person, group of persons, firm or corporation shall build or cause to be built any structure used for human habitation or occupancy within the City of Cape Canaveral unless it is connected to the sewer system of the City of Cape Canaveral. SECTION 3. Sub-section 671 . 07 is hereby deleted in its entirety and replaced with the following: Sec. 671 . 07 Sanitary Requirements. Every residence and building in which human beings reside, are employed or congregated, shall be required to have a sanitary method of disposing of human excrement, namely a sani- tary water closet that is connected to the sewer system of the City of Cape Canaveral or a City approved septic tank in place and functionipas of April 3, 1990. SECTION 4. Sub-section 671 .09 is hereby deleted in its entirety and replaced with the following: Sec. 671 . 09 Septic Tanks. No new septic tanks shall be permitted to be installed in the City of Cape Canaveral after April 3, 1990. Not withstanding any other portion of this paragraph, whenever a sewer main line is emplaced within one hundred fifty ( 150) feet of a property which has structures on it which utilize septic tanks, those structures shall be required to disconnect from the septic tanks and connect to the sewer system. Ordinance No. 15-90 Page 1 of 2 SECTION 5. All portions of the Code in conflict herewith are hereby repealed. SECTION 6 . This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 3rd day of April , 1990. [signature] Mayor ATTEST: [signature] Deputy City Clerk Approved as to Form: [signature] City Attorney First Reading: 3-20-90 Posted: 3-21-90 Advertised: 3-22-90 Second Reading: 4-3-90 NAME YES NO ARABIAN YES PORTER YES RANDELS YES SALAMONE YES THURM YES Ordinance No. 15-90 Page 2 of 2 [this entire page is crossed out] § 671.03 SEWER SERVICE § 671.04 343 Sec. 671.03 Rates. Any user of the services of the sewer system shall pay therefore a monthly charge or rate as established by the City Council. The schedule of fees is subject to revision annually as may be neces- sary to keep the rates commensurate with changes in the cost of living as reflected by the Consumer Price In- dex, or due to any regulatory or environmental factors which increase the costs of sewage treatment. All re- visions shall be done by Resolution and shall become effective as of May 1 of each year, commencing with May 1, 1989. The basis of such rate increase shall be the "Consumer Price Index" U.S. City Average "all items" (1967=100), hereinafter called the Index, published by the Bureau of Labor Statistics of the United States Department of Labor. The Index number for the month of February, 1989 shall be the "Base Index Number" and the corresponding index number for the month of February in each succeeding year shall be the current index number. Beginning May 1, 1989 and each year thereafter, the sewer rate shall be determined by dividing the Current Index Number (CIN) by the Base Index Number (BIN), in accordance with the following formula, dropping all digits after one_hundreth: New rate charge = ((CIN)/(BIN)) multiplied by the current sewer rate. It is the intent of this Ordinance that all condomin- iums or other developments, particularly developments with a mixture of housing types, be charged a sewer rate in accordance with the type of structure actually built. [Ord. No. 6-66, § 3, 15 Feb 1966; Ord. No. 12- 72, § 1, 3 Oct 1972; Ord. No. 6-77, § 3, 3 May 1977; Ord. No. 14-79, § 1, 4 Sep 1979; Ord. No. 17-79, § 1, 2 Oct 1979; Ord. No. 22-81, § 3, 17 Nov 1981; Ord. No. 32-85, § 1, 18 Jun 1985; Ord. No. 2-89, § 1, 7 Feb 1989] PAGE REVISED 7 FEB 89 344 §671.04 SEWER SERVICE §671.09 Sec. 671.04 Unlawful Connection. No person shall be allowed to connect into any sewer line owned by the City without a permit issued by the City and then the connection with such line shall be made only under the direction and supervision of the City. [Ord. No. 6-66, §4, 15 Feb 1966] See Ord. 15-19 Sec. 671.06 Connecting Old Plumbing. Whenever it is desirable to connect old exterior plumbing with the City sewer main, the owner or plumber contemplating doing such work shall notify the City Building Official who will inspect said old exterior plumbing and notify the owner or plumber what alterations will be necessary to place said old exterior plumbing in an acceptable condition for such connection. [Ord. No. 6-66, §6, 15 Feb 1966] Ord. No. 15-90 Sec. 671.08 Disposal Requirements. It shall be unlawful for any person, persons, firm or corporation owning or leasing any premises in the City to permit the disposal of any human excrement on any property, leased or rented by any such person, firm or corpora- tion, or the agent of any such person, firm or corpora- tion, except in a sanitary water closet where sewage lines are available as defined above. [Ord. No. 6-66, §8, 15 Feb 1966] Ord. No. 15-90 PAGE REVISED 16 SEP 86 §671. 10 SEWER SERVICE §671.11 345 Sec . 671 . 10 Maintenance of Plumbing System. The owner of the property shall be responsible for maintain- ing and keeping clean the sewer pipes leading and con- necting from the plumbing system to the City main . [Ord. No. 6-66, §10, 15 Feb 1966] Sec. 671. 11 Payment of Fees and Bills Required. A. Bills for the monthly charges and fees herein- after mentioned shall be submitted and shall be payable within thirty days from the billing date. If such monthly bill shall be and remain unpaid, on and after the 30 day grace period, water and sewer service shall be subject to cut-off . If such monthly bill is not paid in full by the thirtieth day following that for which a billing has been rendered, then an amount equal to ten percent ( 10% ) of such bill due shall be added thereto as a late charge. Upon failure of any user to pay within sixty days from being billed, the City shall cut off or cause to be shut off the connection of such user and shall not furnish him or permit him to receive from the system further service until all obligations owed by him to the City on account of the services shall have been paid in full . If such sewer service is shut off as aforesaid, then before such service shall be restored, the user thereof shall pay a reinstatement fee in the amount of $75 . 00 in addition to any other charges , late charges , or penalties due . The City shall also have a lien on any parcel or property effect- ed by any unpaid balance of the foregoing chapter . Such lien shall be superior and paramount to the inter- est on such parcel or property of any owner , lessee, tenant , mortgagee, or other person except the lien of county taxes, and shall be on a parity with the lien of any such county taxes. In the event that any such serv- ice shall not be paid as and when due and shall be in default for thirty days or more, the unpaid balance thereof and all interest accrued thereon, together with attorney ' s fees and costs, may be recovered by the City in a civil action and any such lien and accrued inter- est may be foreclosed or otherwise enforced by the City by action or suit in equity as for the foreclosure of a mortgage under the property. PAGE REVISED 16 SEP 86 346 §671. 11 SEWER SERVICE §671. 12 B. In the event that the fees in the preceding subsection shall not be paid as when due, any unpaid balance thereof and all interest accruing thereon , shall be a lien on any parcel or property effected thereby. Such lien shall be superior and paramount to the interest on such parcel or property of any owner , lessee, tenant, mortgagee or other person except the lien of county taxes, and shll be on a parity with the lien of any such county taxes. Failure of users to pay for fees within thirty days of the billing date shall be a violation of this Chapter. In addition, the City shall have the right to seek enforcement and collection of the overdue fee through civil proceedings in a court of competent jurisdiction, including a reasonable attor- ney ' s fee , and costs , and any such lien and accrued interest may be foreclosed or otherwise enforced by the municipality by action or suit in equity as for the foreclosure of a mortgage on real property. [Ord. No. 6-66 , §11, 15 Feb 1966; Ord. No. 18-84, §1, 2 Oct 1984; Ord. No. 25-86 , §1, 16 Sep 1986 ] Sec. 671. 12 Collection of Sewer Fees Where Owner has Private Water Supply; Deposit Required; Plugging of Line by City; Charge for Plugging. In those instances where the owner has his own private water supply, and such owner becomes more than ten ( 10 ) days delinquent in the payment of his monthly sewage disposal fee after billing , the City shall have the right to plug the sewer line leading to the owner ' s plumbing system, and the owner shall have no right to reconnect this line or remove the plug until sewage disposal fees shall have been paid in full , together with a charge of $25 . 00 as hereinafter mentioned. Such penalty of $25 . 00 shall be imposed and be added to any delinquent bill where the sewer line has been plugged for nonpayment . In those instances where the owner has his own private water supply, the City shall require a deposit in the amount of $11 . 25 for residential sewage disposal service and in a sufficient amount as prescribed by the City from Commercial and Industrial accounts to cover a three ( 3 ) month service period providing , however , that no such deposit shall exceed One Hundred Dollars ($100 ) . Recon- necting the sewer service or removing the plug in the sewer line until such sewage disposal fees are paid in full, together with said charge of $25, shall be consid- ered a violation of this section. [Ord. No. 6-66, §12, 15 Feb 1966; Ord. No. 6-66B, 20 Sep 1966] PAGE REVISED 16 SEP 86 §671. 13 SEWER SERVICE §671.17 347 Sec . 671 . 13 Failure to Maintain Plumbing System. Failure to keep the sewer pipe, i . e. , the pipe leading from the plumbing system to the City main , clean and maintained in a proper manner will give the City the right to cut off or cause to be cut off the water con- nection, which shall not be reconnected until the sewer pipe is cleaned and maintained properly. In those in- stances where the owner has his own private water sup- ply, the City shall have the right to plug the sewer line leading to and connecting with the plumbing sys- tem, and the owner shall have no right to unplug the sewer line until the sewer pipe leading from the plumb- ing system to the City main has been maintained and cleaned and in proper condition . Unplugging the sewer line or reconnecting the water supply from the Cocoa water main, until such sewer pipes are cleaned and main- tained properly, shall be considered a violation of this section. [Ord. No. 6-66, §13, 15 Feb 1966] Sec . 671. 14 No Free Service. 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 instrumen- tality which uses such service shall pay therefor at the rates fixed by this Chapter . [ Ord. No. 6-66 , §14 , 15 Feb 1966] Sec . 671. 15 Separate Connections for Each Separate Building. Each residential building whether occupying one or more lots and whether it shall occupy any lot or parcel jointly with any other residential building shall be considered a separate unit for the payment of the sewage disposal fees and separate connections will be required for each such building. [ Ord. No. 6-66, §15, 15 Feb 1966 ] Sec. 671. 16 Exceptions to Connections. This Chap- ter shall not be construed to require or entitle any person to cross the private property of another to make any sewer connection . However , if any inability to cross the private property of another is a subterfuge or connivance caused by conveyance subsequent to this Chapter , such grantor shall not be exempt from the pro- visions of the Chapter . [Ord. No. 6-66 , §16 , 15 Feb 1966] Sec . 671. 17 Time Extension . Those owners of each lot or parcel of land located within the confines of Systems 1 , 2 , 3 and 4 of the City Sanitary Sewer System within the City of Cape Canaveral , upon which lot or PAGE REVISED 16 SEP 86 348 §671. 17 SEWER SERVICE §671. 19 parcel of land any building, or trailer used as a dwell- ing, is now situated or shall hereafter be situated, for either residential, commercial or industrial use, that have previously been notified by the City to con- nect to the City ' s Sanitary Sewer System by a certain date are hereby granted to and including the day of March 31 , 1967 , within which to connect to the City Sanitary Sewer System the provisions of Section 1 of Ordinance No. 6-66 to the contrary notwithstanding; providing, however , nothing contained herein shall relieve said owners from their obligation to use the sanitary sewer system facilities and shall not affect the City ' s right to begin billing and charges of the said owners previously notified for the use of the said system as required by the City ' s sanitary revenue certificates. [Ord. No. 2-67 (6-66E) , §1, 21 Feb 1967 ] Sec . 671. 18 Time Extension. Those owners of each lot or parcel of land within the City of Cape Canav- eral, upon which lot or parcel of land any building, or trailer used as a dwelling, as now situated or shall hereafter be situated , for either residential, commer- cial or industrial use, that have previously been noti- fied by letter dated September 2, 1966, by the City to connect to the City' s sanitary sewer system by a cer- tain date are hereby granted an additional ninety (90 ) days within which to connect to the City sanitary sewer system, the provisions of Section 1 of Ordinance No. 6-66 to the contrary notwithstanding , providing , how- ever , nothing contained herein shall relieve said own- ers from their obligation to use the sanitary sewer system facilities and shall not affect the City' s right to begin billing and charges of the said owners pre- viously notified on September 2 , 1966, for the use of the said system as required by the City's sanitary reve- nue certificates. [Ord. No. 6-66C, §2, 10 Sep 1966 ] Sec. 671. 19 Penalty. Any person, firm or corpora- tion violating any of the provisions of this Chapter shall be punished as provided in §801. 02. Any failure or refusal by an owner to connect to the City sewer system after notification to do so, as hereinabove pro- vided, or any failure or refusal to pay the charges or rates hereinabove provided, shall be construed to be a violation of this Chapter . Each day such violation continues shall be considered a separate offense and subject to the penalties prescribed herein . [Ord. No . 6-66, §17, 15 Feb 1966] PAGE REVISED 16 SEP 86 §671. 20 SEWER SERVICE §671. 20 349 Sec. 671. 20 Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application and to this end the provisions of this chapter are declared severable. [ Ord. No. 25-86, §2, 16 Sep 1986 ] PAGE REVISED 16 SEP 86 To be Codified Codified Jan 90 History File ORDINANCE NO. 2-89 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL , BREVARD COUNTY, FLORIDA , AMENDING CHAPTER 671 OF THE CODE OF ORDINANCES TO ADOPT SEWER RATES BY RESOLUTION AND TO ADJUST ANNUALLY BASED ON THE CONSUMER PRICE INDEX ; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH ; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1 . Chapter 671 , Sewer Service , of the Code of Ordinances is hereby amended by repealing Section 671. 03 in its entirety and replacing with the following: Sec. 671.03 Rates. Any user of the services of the sewer system shall pay therefore a monthly charge or rate as established by the City Council . The schedule of fees is subject to revision annually as may be necessary to keep the rates commensurate with changes in the cost of living as reflected by the Consumer Price Index, or due to any regulatory or environmental factors which increase the costs of sewage treatment . All revisions shall be done by Resolution and shall become effective as of May 1 of each year, commencing with May 1, 1989 . The basis of such rate increase shall be the "Consumer Price Index" U . S . City Average "all items" (1967=100) , hereinafter called the Index, published by the Bureau of Labor Statistics of the United States Department of Labor. The Index number for the month of February, 1989 shall be the "Base Index Number" and the corresponding index number for the month of February in each succeeding year shall be the current index number. Beginning May 1 , 1989 and each year thereafter , the sewer rate shall be determined by dividing the Current Index Number ( CIN) by the Base Index Number ( BIN) , in accordance with the following formula, dropping all digits after one hundreth: New rate charge = ((CIN)/(BIN)) multiplied by the current sewer rate. List all Ord's in old chapter plus this one [Ord. No. 2-89, §1, 7 Feb 89] SECTION 2 . All portions of the Code in conflict herewith are hereby repealed. SECTION 3 . This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 7th day of February , 1989. [signature] Mayor ATTEST: [signature] City Clerk Approved as to Form: [signature] City Attorney First Reading: 1-17-89 Posted: 1-18-89 Advertised: 1-26-89 Second Reading: 2-07-89 NAME YES NO HOOG YES KIDD YES MILLER YES RANDELS YES SALAMONE YES § 671. 03 SEWER SERVICE § 671. 03 343 [crossed-out text] Copy from Ord 2-89 It is the intent of this ordinance that all condominiums or other developments, particularly developments with a mixture of housing types, be charged a sewer rate in accordance with the type of structure actually built. [Ord. No. 6-66, § 3, 15 Feb 1966 ; Ord. No. 12-72, § 1, 3 Oct 1972; Ord. No. 6-77, § 3, 3 May 1977; Ord. No. 14-79, § 1, 4 Sep 1979 ; Ord. No. 17-79, § 1, 2 Oct 1979; Ord. No. 22-81, § 3, 17 Nov 1981; Ord. No. 32-85; § 1, 18 Jun 1985] PAGE REVISED 18 JUN 85 Jan RESOLUTION NO. 89-16 A RESOLUTION ESTABLISHING A NEW SCHEDULE OF RATES FOR SEWER SERVICE WITH THE CITY OF CAPE CANAVERAL , FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS , the City Council of the City of Cape Canaveral , Florida, has by Ordinance No. 2-89 provides for the adjustment of the Sewer Rates by Resolution, based on the Consumer Price Index; and WHEREAS , the Consumer Price Index for the previous year has changed; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1 . The Rate Schedule as set out in Ordinance No. 32-85 is hereby recinded, and the following rate schedule is established: Customer-Classification Monthly Charge Single Family Residential $ 12. 21 per unit Multi-Family, Group 1 (more than one bedroom per unit) First unit 12. 21 per unit Additional units 8:95 per unit Multi-Family, Group 2 (one bedroom or less per unit, including motels, trailer parks and similar uses) First unit 12. 21 per unit Additional units 8.38 per unit Townhouses 12. 21 per unit Public Buildings 20. 35 per unit Commercial Inside City Limits 241% of water bill Outside City Limits 302% of water bill SECTION 2 . This Resolution shall become effective commencing with the June 1 , 1989 billing , which covers May services. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 18th day of April , 1989. [signature] Mayor ATTEST: [signature] City Clerk Approved as to Form: [signature] City Attorney NAME YES NO HOOG YES KIDD YES MILLER YES RANDELS YES SALAMONE YES FORMULA FOR DETERMINING SEWER INCREASE - MAY 1, 1989 Consumer Price Index (82-84 = 100) (CIN) = FEBRUARY 1989 121. 6 X SEWER RATE (BIN) = FEBRUARY 1988 116. 0 RATE CURRENT CATEGORY BASE YEAR PROPOSAL RATE % INCREASE Single 121. 6 X 11. 65 = 12. 21 11. 65 4 . 8% Family 116 . 0 Multi- Family, Group 1 (More than one bedroom per unit) 1st Unit 12. 21 11. 65 4. 8% Add'l Units 121. 6 X 8. 54 = 8. 95 8. 54 4. 8% 116. 0 Multi- Family, Group 2 (One bedroom or less per unit) (Includes motels, trailer parks & similar uses) 1st Unit 12. 21 11. 65 4. 8% Add' l Units 121. 6 X 8 . 00 = 8. 38 8. 00 4. 8% 116. 0 Townhouses 121. 6 X 11. 65 = 12. 21 11. 65 4. 8% 116 . 0 Public Bldgs. 121. 6 X 19. 42 = 20. 35 19. 42 4. 8% 116. 0 Commercial, 121. 6 X 230 = 241% 230% 4. 8% Inside City 116. 0 Limits Commercial, 121. 6 X 288 = 302% 288% 4. 8% Outside City Limits ATTACHMENT TO RESOLUTION NO. 89-16 PAGE 1 OF 1 History ORDINANCE NO. 22-81 AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, CODE CHAPTER 671.03, "RATES"; PROVIDING AN EFFECTIVE DATE. SECTION 1. Section 671.03, "Rates" is hereby deleted in its entirety, and the following substituted therefore: SECTION 3. RATES: Any user of the services of the sewer system shall pay therefore a monthly charge or rate as follows: Customer Classification Monthly Charge Residential Single Family and all similar single family uses: Single bath 7.28 Multiple Family & Apartments and all similar multiple family uses: Class I (having more than 1 bedroom per unit) First Unit 7.28 Additional Units (each) 5.34 Class II (having 1 bedroom or less per unit) First Unit 7.28 Additional Units (each) 5.00 Condominiums-Class I (having more than one bedroom per unit) First Unit 7.28 Additional Units (each) 5.34 Condominiums-Class II (having one bedroom or less per unit) First Unit 7.28 Additional Units (each) 5.00 Motels & Trailer Parks and all similar uses: First Unit or Space 7.28 Additional Units or Spaces 5.00 Dormitories 143.75% of water bill Public Buildings 12.14 Churches 7.28 Commercial & Industrial & Schools 143.75% of water bill Port Authority 179.7% of water bill It is the intent of this ordinance that all condominiums or other developments, particularly developments with a mixture of housing types, be charged a sewer rate in accordance with type of structure actually built. SECTION 2. This Ordinance shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17day of November, 1981. [signature] MAYOR Attest: [signature & seal] City Clerk Approved as to Form: [signature] City Attorney First Reading: 11-3-81 Posted: 11-5-81 Advertised: 11-9-81 Second Reading: 11-17-81 NAME YES NO BOYD [didn't vote] CALVERT YES LEE YES MURPHY YES RUTHERFORD YES ORDINANCE NO. 22-81 PAGE 2 OF 2 PAGES History File Chapter 671 January 1989 PROPOSED AMENDMENT TO CHAPTER 671 Repeal Section 671. 03 and replace with the following: Sec. 671. 03 Rates. Any user of the services of the sewer system shall pay therefore a monthly charge or rate as established by the City Council. The schedule of fees is subject to revision annually as may be necessary to keep the rates commensurate with changes in the cost of living as reflected by the Consumer Price Index, or due to any regulatory or environmental factors which increase the costs of sewage treatment. All revisions shall be done by Resolution and shall become effective as of May 1 of each year, commencing with May 1, 1989. The basis of such rate increase shall be the "Consumer Price Index" U.S. City Average "all items" ( 1967=100) , hereinafter called the Index, published by the Bureau of Labor Statistics of the United States Department of Labor. The Index number for the month of February, 1989 shall be the "Base Index Number" and the corresponding index number for the month of February in each succeeding year shall be the current index number. Beginning May 1, 1989 and each year thereafter, the sewer rate shall be determined by dividing the Current Index Number (CIN) by the Base Index Number (BIN) , in accordance with the following formula, dropping all digits after one hundreth: The new rate charge = ((CIN)/(BIN)) multiplied by the current sewer rate. CURRENT RATES § 671. 03 SEWER SERVICE § 671. 03 343 Sec. 671. 03 Rates. Any user of the services of the sewer system shall pay therefor a monthly charge or rate as follows: Customer Classification Monthly Charge Single Family Residential $ 11. 65 per unit Multi-Family, Group 1 (more than one bedroom per unit) First Unit 11. 65 per unit Additional Units 8 . 54 per unit Multi-Family, Group 2 (one bedroom or less per unit) including motels, trailer parks and similar uses) First Unit 11. 65 per unit Additional Units 8. 00 per unit Townhouses 11. 65 per unit Public Buildings 19 .42 per unit Commercial, Inside City Limits 230% of water bill Commercial, Outside City Limits 288% of water bill It is the intent of this ordinance that all condominiums or other developments , particularly developments with a mixture of housing types, be charged a sewer rate in accordance with the type of structure actually built. [Ord. No. 6-66, § 3, 15 Feb 1966 ; Ord. No. 12-72, § 1, 3 Oct 1972; Ord. No. 6-77, § 3, 3 May 1977; Ord. No. 14-79, § 1, 4 Sep 1979; Ord. No. 17-79, § 1, 2 Oct 1979; Ord. No. 22-81, § 3, 17 Nov 1981; Ord. No. 32-85; § 1, 18 Jun 1985] PAGE REVISED 18 JUN 85 FILE COPY 81-0182 This memo & attached info is filed in city mgs. coues. Presented at 5-1-81 Council w [illegible] April 30, 1981 To : [checkmark] Mayor and Council As per the provisions of the contract between the City and Fleckinger Refuse, Inc . (as amended), May 1st of each year, there is a requirement of revision to the fee schedule paid to the contractor. The contract amendment put a 107 cap on the maximum yearly increase allowable under the contractual formula. For the period ending April 30 , 1981 the 10% maximum rate increase applies. The following is a comparative listing of present rates and new rates to be paid to the contractor effective Friday, May 1st , 1981 . Present Rates As of 5-1-81 Single Family $4.44 $4.88 [largely illegible numbers] Apts . w/cans 3.00 3.30 Commerical w/cans 5.40 5.94 Trailer Park Spaces w/cans 3.00 3.30 Individual Trailers w/cans 3.00 3.30 Containerized Yards(Extra) 1.92 2.11 Containerized Yards 1.68 1.85 Consideration should be given to a user fee adjustment if the Mayor and Council wish to continue to receive a billing cost offset of 25Q net to the City Treasury. Total Revenue 5/1/81 Contractor Cost to City Base User Fee to City Single Family 4.88 : 4.85* + Billing Charge of .25 = 5 . 10 Apts . w/cans 3 .30 : 3 . 30 + Billing Charge of . 25 = 3 . 55 Commercial w/cans 5 . 94 : 5 . 70* + Billing Charge of . 25 = 5 . 95 Trailer Park Spaces w/cans 3 . 30 : 3 .30 + Billing Charge of .25 = 3 . 55 Individual Trailers w/cans 3 . 00 : 3 .30 + Billing Charge of . 25 = 3 . 55 Containerized Yards (Extra) 2 .11 : 2 . 10 2 . 10 Containerized Yards 1 .85 : 1 .84* + Billing Charge of . 25 = 2 . 09 *Denotes classification where full 25 cent net billing fee charge will not be retained. If you have any questions with respect to the above , please contact me. [signature] City Manager 671 AMENDED ORD Ord 6-66 Chapter 671 ORDINANCE NO. 6-66-D .AN ORDINANCE AMENDING SECTION 20 OF ORDINANCE NO. 6-66 BY PROVIDING AN EXTENSION OF NINETY (90) DAYS TIME WTTHTN WHICH TO CONNECT TO CITY SANITARY SEWER SYSTEM; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the ,City Council of the City of Cape Canaveral, Florida, as follows : SECTION 1 . Section 20 of Ordinance No. 6-66 as amerced, Once by 6-66-E (Or 2-67) is hereby amended to read as follows: "Those owners of each lot or parcel of land located within the confines of Systems 1 and 2 of the City Sanitary Sewer System • within the City of Cape Canaveral, 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, that have spreviously been notified by the City to connect to the City' s sanitary sewer system by a certain date are hereby granted an additional ninety (90) days within which to connect to the City sanitary sewer system, the provisions of Section 1 of Ordinance No. 6-666 to the contrary; notwithstanding, providing, however, nothing contained ner•oin shall relieve said owners from their obligation to use the sanitary sewer system facilities and shall not affect the City' s right to begin billing and charges of the said owners previously notified for the use of the said system as required by the City' s sanitary revenue certificates. " SECTION 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, on this 1st day day of November, 1966. [signature] Mayor Attest: [signature] City Clerk Approved as to Form: [no signature] City Attorney ORDINANCE NO. 25-86 AN ORDINANCE AMENDING CHAPTER 671, "SEWER SERVICE" BY ESTABLISHING LIENS FOR UNPAID SEWER FEES; PROVIDING FOR SEVERABILITY; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Section 671. 11, "Payment of Fees and Bills Required" , of the Code of Ordinances is hereby repealed in its entirety and replaced with the following: Sec. 671. 11 Payment of Fees and Bills Required A. Bills for the monthly charges and fees hereinafter mentioned shall be submitted and shall be payable within thirty days from the billing date. If such monthly bill shall be and remain unpaid, on and after the 30 day grace period, water and sewer service shall be subject to cut-off. If such monthly bill is not paid in full by the thirtieth day following that for which a billing has been rendered, then an amount equal to ten percent ( 10% ) of such bill due shall be added thereto as a late charge. Upon failure of any user to pay within sixty days from being billed, the City shall cut off or cause to be shut off the connection of such user and shall not furnish him or permit him to receive from the system further service until all obligations owed by him to the City on account of the services shall have been paid in full . If such sewer service is shut off as aforesaid, then before such service shall be restored, the user thereof shall pay a reinstatement fee in the amount of $75 . 00 in addition to any other charges, late charges, or penalties due. The City shall also have a lien on any parcel or property effected by any unpaid balance of the foregoing chapter. Such lien shall be superior and paramount to the interest on such parcel or property of any owner, lessee, tenant, mortgagee, or other person except the lien of county taxes, and shall be on a parity with the lien of any such county taxes . In the event that any such service shall not be paid as and when due and shall be in default for thirty days or more, the unpaid balance thereof and all interest accrued thereon, together with attorney' s fees and costs, may be recovered by the City in a civil action and any such lien and accrued interest may be foreclosed or otherwise enforced by the City by action or suit in equity as for the foreclosure of a mortgage under the property. B. In the event that the fees in the preceding subsection shall not be paid as when due, any unpaid balance thereof and all interest accruing thereon, shall be a lien on any parcel or property effected thereby. Such lien shall be superior and paramount to the interest on such parcel or property of any owner, lessee, tenant, mortgagee or other person except the lien of county taxes, and shall be on a parity with the lien of any such county taxes . Failure of users to pay for fees within thirty days of the billing date shall be a violation of this Chapter. In addition, the City shall have the right to seek enforcement and collection of the overdue fee through civil proceedings in a court of competent jurisdiction, including a reasonable attorney' s fee, and costs, and any such lien and accrued interest may be foreclosed or otherwise enforced by the municipality by action or suit in equity as for the foreclosure of a mortgage on real property. [Ord. No. 6-66, §11, 15 Feb 66; Ord no. 18-84, §1, 2 Oct 84; Ord. No. 25-86, §1, 16 Sep 86] ORDINANCE NO. 25-86 PAGE 1 OF 2 Codified 9-30-86 eag SECTION 2 . Section 671. 20 is hereby established as follows: Sec. 671. 20 Severability If any provision of this chapter or the appli- cation thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application and to this end the provisions of this chapter are declared severable. [Ord. No. 25-86, §2, 16 Sep 86] SECTION 3. This Ordinance shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 16th day of September , 1986 . [signature] Mayor ATTEST: [signature] City Clerk Approved as to Form: [signature] City Attorney NAME YES NO FISCHETTI YES KIDD YES LEE ABSENT MARCHETTI YES NICHOLAS YES First Reading: September 2, 1986 Posted: September 3, 1986 Advertised: September 6, 1986 Second Reading: September 16, 1986 ORDINANCE NO. 25-86 PAGE 2 OF 2 34 671 .04 SEWER SERVICE 671.09 Sec . 671 .04 Unlawful Connection. No person shall be allowed to connect into any sewer line owned by the City without a permit issued by the City and then the connection with such line shall be made only under the direction and supervision of the City. [Ord. No. 6-66, § 4 , 15 Feb 1966] Sec . 671 .05 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 City which is within one hundred fifty (150) feet of a public sanitary sewer line, unless it is provided with water-carried sewage facilities . [Ord. No. 6-66 , § 5, 15 Feb 1966] Sec. 671.06 Connecting Old Plumbing. Whenever it is desirable to connect old exterior plumbing with the City sewer main, the owner or plumber contemplating doing such work shall notify the City Building Official who will inspect said old exterior plumbing and notify the owner or plumber what alterations will be necessary to place said old exterior plumbing in an acceptable condit- ion for such connection. [Ord. No . 6-66 , § 6, 15 Feb 1966] Sec . 671 .07 Sanitary Requirements . Every residence and building in which human beings reside, 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, or an approved type of septic tank. [Ord. No. 6-66 , § 7, 15 Feb 1966] Sec . 671 .08 Disposal Requirements . It shall be un- lawful for any person, persons, firm or corporation owning or leasing any premises in the City to permit the disposal of any human excrement on any property, leased or rented by any such person, firm or corporation, or the agent of any such person, firm or corporation, except in a sanitary water closet where sewage lines are available as defined above . [Ord. No. 6-66 , § 8, 15 Feb 1966] Sec . 671 .09 Septic Tank. No septic tank other than those approved by the State Board of Health shall be constructed within the corporate limits of the City. [Ord. No. 6-66 , § 9 , 15 Feb 1966] § 671 . 10 SEWER SERVICE § 671 . 12 345 Sec. 671 . 10 Maintenance of Plumbing System. The owner of the property shall be responsible for maintaining and keeping clean the sewer pipes leading and connecting from the plumbing system to the City main. [Ord. No. 6-66, § 10 , 15 Feb 1966] Copy from ord. [crossed-out text] Sec. 671 . 12 Collection of Sewer Fees Where Owner has Private Water Supply; Deposit Required; Plugging of Line by City; Charge for Plugging. In those instances where the owner has his own private water supply, and such owner becomes more than ten (10) days delinquent in the payment of his monthly sewage disposal fee after billing, the City shall have the right to plug the sewer line leading to the owner ' s plumbing system, and the owner shall have no right to reconnect this line or remove the plug until sewage disposal fees shall have been paid in full, together with a charge of $25 . 00 as hereinafter mentioned. Such penalty of $25 . 00 shall be imposed and be added to any delinquent bill where the sewer line has been plugged for nonpayment. In those instances where the owner has his own private water supply the City shall require a deposit in the amount of $11 . 25 for residential sewage disposal service and in a sufficient amount as prescribed by the City from Commercial and Industrial accounts to cover a three (3) month service period providing, however, that no such deposit shall exceed One Hundred Dollars ($100) . Reconnecting the sewer service or removing the plug in the sewer line until such sewage disposal fees are paid in full , together with said charge of $25 , shall be considered a violation of this section. [Ord. No. 6-66 , § 12 , 15 Feb 1966; Ord. No. 6-66B, 20 Sep 1966] 346 § 671 . 13 SEWER SERVICE § 671 . 17 Sec. 671 .13 Failure to Maintain Plumbing System. Failure to keep the sewer pipe, i.e. , the pipe leading from the plumbing system to the City main, clean and maintained in a proper manner will give the City the right to cut off or cause to be cut off the water con- nection, which shall not be reconnected until the sewer pipe is cleaned and maintained properly. In those in- stances where the owner has his own private water supply, the City shall have the right to plug the sewer line leading to and connecting with the plumbing system, and the owner shall have no right to unplug the sewer line until the sewer pipe leading from the plumbing system to the City main has been maintained and cleaned and in proper condition. Unplugging the sewer line or recon- necting the water supply from the Cocoa water main, until such sewer pipes are cleaned and maintained properly, shall be considered a violation of this section. [Ord. No. 6-66, § 13 , 15 Feb 1966] Sec. 671 . 14 No Free Service. 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 such service shall pay therefor at the rates fixed by this Chapter. [Ord. No. 6-66 , § 14 , 15 Feb 1966] Sec. 671 . 15 Separate Connections for Each Separate Building. Each residential building whether occupying one or more lots and whether it shall occupy any lot or parcel jointly with any other residential building shall be considered a separate unit for the payment of the sewage disposal fees and separate connections will be required for each such building. [Ord. No. 6-66 , § 15 , 15 Feb 1966] Sec. 671 . 16 Exceptions to Connections . This Chapter shall not be construed to require or entitle any person to cross the private property of another to make any sewer connection. However, if any inability to cross the private property of another is a subterfuge or con- nivance caused by conveyance subsequent to this Chapter, such grantor shall not be exempt from the provisions of the Chapter. [Ord. No. 6-66, § 16, 15 Feb 1966] Sec. 671 . 17 Time Extension. Those owners of each lot or parcel of land located within the confines of Systems 1 , 2 , 3 and 4 of the City Sanitary Sewer System within the City of Cape Canaveral , 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 resi- dential, commercial or industrial use , that have previously • § 6 71. 17 SEWER SERVICE § 671. 19 j been notified by the City to connect to the City' s Sanitary Sewer System by a certain date are hereby granted to and including the day of March 31, 1967, within which to connect to the City Sanitary Sewer System the provisions of Section 1 of Ordinance No. 6-66 to the contrary notwith- standing; providing, however, nothing contained herein shall relieve said owners from their obligation to use the sanitary sewer system facilities and shall not affect the City' s right to begin billing and charges of the said owners previously notified for the use of the said system as required by the City' s sanitary revenue certificates. [Ord. No. 2-67 (6-66E) , § 1 , 21 Feb 1967] Sec. 671.18 Time Extension. Those owners of each lot or parcel of land within the City of Cape Canaveral, upon which lot or parcel of land any building, or trailer used as a dwelling, as now situated or shall hereafter be situated, for either residential, commercial or industrial use, that have previously been notified by letter dated September 2, 1966, by the City to connect to the City' s sanitary sewer system by a certain date are hereby granted an additional ninety (90) days within which to connect to the City sanitary sewer system, the provisions of Section 1 of Ordinance No. 6-66 to the contrary notwithstanding, providing, however, nothing contained herein shall relieve said owners from their obligation to use the sanitary sewer system facilities and shall not affect the City' s right to begin billing and charges of the said owners previously notified on September 2 , 1966 , for the use of the said system as required by the City' s sanitary revenue certificates. [Ord. No. 6-66C, § 2, 10 Sep 1966] Sec. 671. 19 Penalty. Any person, firm or corporation violating any of the provisions of this Chapter shall be punished by a fine not to exceed ninety (90) days, or by both such fine and imprisonment. Any failure or refusal by an owner to connect to the City sewer system after notification to do so, as hereinabove provided, or any failure or refusal to pay the charges or rates herein- above provided, shall be construed to be a violation of this Chapter. Each day such violation continues shall be considered a separate offense and subject to the penalties prescribed herein. [Ord. No. 6-66 , § 17, 15 Feb 1966] Sec. 671.20 Severability. If any provision, etc. {Copy from Ord) BLANK Prepared by Ciy Attorney [illegible name] SECTION 671. 11 PAYMENT OF FEES AND BILLS REQUIRED Bills for the monthly charges and fees hereinafter mentioned shall be submitted and shall be payable within thirty days from the billing date. If such monthly bill shall be and remain unpaid on and after the 30 day grace period, water and sewer service shall be subject to cut-off. If such monthly bill is not paid in full by the thirtieth day following that for which a billing has been rendered, then an amount equal to 10% of such bill due shall be added thereto as a late charge. Upon failure of any user to pay within sixty days from being billed, the City shall cut off or cause to be shut off the connection of such user and shall not furnish him or permit him to receive from the system further service until all obligations owed by him to to the City on account of the services shall have been paid in full. If such sewer service is shut off as aforesaid, then before such service shall be restored, the user thereof shall pay a reinstatement fee in the amount of $75 .00 in addition to any other charges, later charges, or penalties due. The City shall also have a lien on any parcel or property effected by any unpaid balance of the foregoing chapter. Such lien shall be superior and paramount to the interest on such parcel or property of any owner, lessee, tenant, mortgagee, or other person except the lien of county taxes, and shall be on a parity with the lien of any such county taxes. In the event that any such service shall not be paid as and when due and shall be in default for thirty days or more, the unpaid balance thereof and all interest accrued thereon, together with attorney' s fees and costs, may be recovered by the City in a civil action and any such lien and accrued interest may be foreclosed or otherwise enforced by the City by action or suit in equity as for the foreclosure of a mortgage under the property. SECTION 673 . 11 (b) In the event that the fees in the preceding subsection shall not be paid as when due, any unpaid balance thereof and all interest accruing thereon, shall be a lien on any parcel or property effected thereby. Such lien shall be superior and paramount to the interest on such parcel or property of any owner, lessee, tenant, mortgagee or other person except the lien of county taxes, and shall be on a parity with the lien of any such county taxes. Failure of users to pay for fees within thirty days of the billing date shall be a violation of this Chapter. In addition, the City shall have the right to seek enforcement and collection of the overdue fee through civil proceedings in a court of competent jurisdiction, including a reasonable attorney' s fee, and costs, and any such lien and accrued interest may be foreclosed or otherwise enforced by the municipality by action or suit in equity as for the foreclosure of a mortgage on real property. 6-73.11(C) SEVERABILITY - IN THE EVENT 67 ORD 6-66-C ORDINANCE NO. 6-66- C AN ORDINANCE AMENDING ORDINANCE NO. 6-66 AS AMENDED, BY THE ADDITION OF A NEW SECTION GRANTING AN EXTENSION OF NTNETY (90) DAYS WITHIN WHICH TO CONNECT TO CITY SANITARY SEWER SYSTEM BY THOSE OWNERS WITHIN AN AREA NOTIFIED ON SEPTEMBER 2, 1966; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows : SECTION 1. Ordinance No. 6-66 is amended by the addition of a new section to be numbered 21 a'nd to read as follows: new -> 671.18 not in code "Section 21. Those owners of each lot or parcel of land within the City of Cape Canaveral, upon which lot or parcel of land any building, or trailer used as a dwelling, as now situated or shall hereafter be situated, for either residentail, commercial or industrial use, that have pre- viously been notified by letter dated September 2, 1966, by the City to connect to the City' s sanitary sewer system by . a certain date are hereby granted an additional ninety (90) days within which to connect to the City sanitary sewer system, the provisions of Section 1 of Ordinance No. 6-66 to the contrary notwithstanding, providing, however, nothing contained herein shall relieve said owenrs from their obli- gation to use the sanitary sewer system facilities and shall not affect the City' s right to begin billing and charges of the said owners previously notified on September 2, 1966, for the use of the said system as required by the City' s sanitary revenue certificates." PAGE 1 OF 2 SECTION 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, on this 20th day of September, 1966. [signature] Mayor ATTEST: [signature] APPROVED AS TO FORM: [signature] City Attorney PAGE 2 OF 2 677 AMEND Ord No 66a ORDI ORDINANCE NO. 6-66-A As Amended AN ORDINANCE AMENDING ORDINANCE #6-66 BY THE ADDITION OF A NEW SECTION GRANTING AN EXTENSION OF NINE (90) DAYS WITHIN WHICH TO CONNECT TO CITY SANITARY SEWER SYSTEM; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Ordinance No. 6-66 is hereby amended by the addition of a new section be numbered 20 and to read as not in code amended by 6-66D follows: "Section 20. Those owners of each lot or parcel of land within the City of Cape Canaveral, upon which lot or parcel of land any building, or trailer used as a dwelling, us now situated or shall hereafter be situated, for either residential, commercial or industrial use, that have previously been notified by the City to connect to the City' s sanitary sewer system by a certain date are hereby granted an additional ninety (90) days within which to cornet to the City sanitary sewer system, the provisions or Section 1 of Ordinance #6-66 to the contrary notwithstanding, providing, however, nothing contained herein shall relieve said owners from their obligation to use the sanitary sewer system fa3ilities and shall not affect the City' s right to begin billing and charges of the said owners previously notified for the use of the said system as required by the City' s sanitary revenue certificates. SECTION 2. ThisOrdinance shall take effect immediately upon its adoption. ADOPTED [faded text] City of Cape Canaveral, Florida, [faded text] 19th day of July, 1966. [signature] Mayor Attest: [signature] City Clerk Approved as to Form: [no signature] City Attorney First Reading: July 5, 1966 Second Reading: July 19, 1966 671 Ord. 2-67 ORDINANCE NO. 2-67 or (6-66E) AN ORDINANCE AMENDING SECTION 20 OFF ORDINANCE NO. 6-66 AS AMENDED BY PROVID- ING AN EXTENSION OF TIME WITHIN WHICH TO CONNECT TO CITY-SANITARY SEWER SYSTEM; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Section 20 of Ordinance No. 6-66, as amended, is hereby amended to read as follows: Those owners of each lot or parcel of land located within the confines of Systems 1, 2, 3 and 4 of the City Sanitary Sewer System within the City of Cape Canaveral, 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 resi- dential, commercial or industrial use, that have previously been notified by the City to connect to the City's Sanitary Sewer System by a certain date are hereby granted to and including the day of March 31, 1967, within which to connect to the City Sanitary Sewer System, the provisions of Sectionnance No. 6-66 to the contrary notwithstanding; providing, however, nothing contained herein shall relieve said owners from their obligation to use the sanitary sewer system facilities and shall not affect the City's right to begin billing and charges of the said. owners previously notified for the use of the said system as required by the City's sanitary revenue certificates." SECTION 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, on this 21 day of February , 1967. [signature] Mayor Attest: [signature] City Clerk Approved as to Form: [signature] City Attorney 71 Chapter 671 AMENDED ORD 12- Ord. 66 AMENDED 31-7. Amended 6-77 ORDINANCE 6-66 AN ORDINANCE RELATING TO SANITARY SEWER SERVICE; REQUIRING SEWER CONNECTIONS; PRESCRIBING RATES TO BE CHARGED FOR USE OF MUNICIPAL SEWER SERVICE; PRESCRIBING PROCEDURE FOR ENFORCED PAYMENT FOR SUCH SERVICE; SETTING FORTH MAINTENANCE REQUIREMENTS; PROHIBITING FREE SERVICE; PRESCRIBING PENALTY FOR VIOLATION; PROVIDING. AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows : 671.01 SECTION 1. CONNECTIONS WITH SEWER REQUIRED: The owner of each lot or parcel of land within the City of Cape Canaveral 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 trailer to be connected with the public sewer facilities of the municipal sewer system of the City of Cape Canaveral and use such facilities, within sixty (60) days following notification so to do by 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 regula- tions shall provide for an inspection fee for inspecting such connections in such reasonable amount as ine Council may fix and determine. No connection or connections shall be required where said sewer system or line is more than one hundred fifty (150) feet from such lot or parcel of land. 671.02 SECTION 2. LATE CONNECTION PENALTY: In the event the owner of a lot or parcel of land does connect such building now situated or hereafter to be situated, used for either residential, commercial or industrial purpose, or trailer used as a dwelling, to and with the municipal sewer system OR 6-66 PAGE 1 OF 7 within the said sixty (60) day period of time, the City shall make no hook-up or connection charge; provided, however, if such connection is not made within the said sixty (6C) day period, a charge in the amount of seventy-five ($75 .00) dollars shall be assessed against such owner by the City as a penalty for failure to colt- ply with the provisions of this ordinance within the said sixty (60) day period of time; provided further that where sewer lines are installed by subdivision such hook-up penalty shall not apply. In addition and as an alternative means of collecting such late connection penalty, the City shall have a lien on such lot or parcel of land for which such lien shall be of equal dignity with the lien of state and county and municipal taxes. Such lien may be fore- closed by the City in the same manner provided by the laws of Florida for the foreclosure of mortgages upon real estate. 671.03 SECTION 3. RATES: Any user of the services of the sewer system shall pay therefor a monthly charge or rate as follows : Customer Classification Monthly Charge Residential charged Single Family (single bath) $ 3.75 Additional Baths .50 Multiple Vamily & Apartments - Class 1 (having more than 1 bedroom per unit) First Unit 3.75 Additional Units 2.75 6-77 Multiple Family & Apartments - Class II (having 1 bedroom or less per unit) First Unit 3.75 Additional Units 2.25 Motels & Trailer Parks First Uift or Space 3.75 Additional Units or Spaces 1.75 Dormitories 100 of Water Bill w/minimum of $3.75 Public Buildings 6.25 Cnurches 3.75 Commercial & Industrial & 100% of water Bill Schools w/minimum of $3.75 2 . OR 6-66 PAGE 2 OF 9 671.04 671.04 SECTION 4. UNLAWFUL CONNECTION: No person shall be allowed to connect into any sewer line owned by the City without a permit issued by the City, and then the connection with such line shall be made only under the direction and supervision of the City. Any property owner or plumber who shall make any connection without such permit shall, upon conviction, be subject to the penalties hereinafter provided. diff in code Book 671.05 SECTION 5. UNLAWFUL CONSTRUCTION : No person, group or 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 one hundred fifty (150) feet of a public sanitary sewer line, unless it is provided with water carried sewage facilities. 671.06 SECTION 6. CONNECTING OLD PLUMBING: Whenever it is desirable to connect old exterior plumbing with the City sewer main, the owner or plumber contemplating doing such work shall notify the City Building Official who will in- spect' said old exterior plumbing and notify the owner or plumber what alterations will be necessary to place said old exterior plumbing in an acceptable condition for such connection. Any owner or plumber who shall make any connection without the approval of the City Building Official shall, upon conviction, be subject to the penalties hereinafter provided. 671.07 SECTION 7. SANITARY REQUIREMENTS: Every residence and building in which human beings reside, are employed or con- gregated, 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. 671.08 SECTION 8. DISPOSAL REQUIREMENTS: It shall be unlawful. for any person, persons, firm or corporation owning or 3. OR 6-66 PAGE 3 OF 7 leasing any premises in the City to permit the disposal of any human excrement on any property, leased or rented by any such person, firm or corporation or the agent of any such person, firm or corporation, except in a sanitary water closet where sewage lines are available as defined above. 671.09 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 the City. 671.10 SECTION 10. MAINTENANCE OF PLUMBING SYSTEM: The owner of the property shall be responsible for maintaining and keeping clean the sewer pipes leading and connecting from the plumbing system to the City main. 671.11 SECTION 11. PAYMENT OF FEES AND-BILLS REQUIRED: Bills for the monthly charges and fees hereinafter mentioned shall be submitted and snail be payable within ten (10) days from the post mark of such bill. If such monthly bill shall be and remain unpaid on and after the ten (10) day grace period, water and sewer service snail be subject to cut-off. In the event that either water or sewer service is discontinued because of delinquency, a fee in the amount of $1.50 shall be charged to restore the said service . Water service and/or sewer service shall not be reconnected after discontinuance until all past due water bills and sewage disposal fees are paid in full together with said delinquency charge. 671.12 SECTION 12. COLLECTION OF SEWER FEES WHERE OWNER HAS PRIVATE WATER SUPPLY; DEPOSIT REQUIRED; PLUGGING OF LINE BY CITY; CHARGE FOR PLUGGING. In those instances where the gge owner has his own private water supply, and such owner becomes more than ten (10) days delinquent in the payment of his monthly sewage disposal fee after billing, the City shall have the right to plug the sewer line leading to the owner' s plumbing system, and the owner shall have no right to re- connect this line or remove the plug until sewage disposal 4. OR 6-66 PAGE 4 OF 7 fees shall have been paid in full, together with a charge of $25.00 as hereinafter mentioned . Such penalty of $25.00 shall be imposed and be added to any delinquent bill where the sewer line has been plugged for non-payment. In those instances where the owner has his own private water supply the City shall require a deposit in the amount of $11.25 for residential sewage disposal service and in a sufficient amount as prescribed by the City from Commercial and Industrial [illegible text] accounts to cover a three (3) month service period . Any violation of this section by reconnecting the sewer service or removing the plug in the sewer line until such sewage disposal fees are paid in full, together with said charge of $25.00, shall be considered a violation of this ordinance and subject to the penalties hereinafter provided . 671.13 SECTION 13. FAILURE TO MAINTAIN PLUMBING SYS'1'r.M: Failure to keep the sewer pipe, i.e. the pipe leading from the plumbing system to the City main, clean and maintained in a proper manner will give the City the right to cut-off or cause to be 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 plug the sewer line leading to and connecting with the plumbing system, and the owner shall have no right to unplug the sewer line 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 unplugging the sewer line or reconnecting the water supply from the Cocoa 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. 5. OR 6-66 PAGE 5 OF 7 671.14 SECTION 14. NO FREE SERVICE: 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 such service shall pay therefor at the rates fixed by this Ordinance. 671.15 SECTION 15. SEPARATE CONNECTIONS FOR EACH SEPARATE BUILDING: Each residential building whether occupying one or more lots and whether it shall occupy any lot or parcel jointly with any other residential building shall be considered a separate unit for the payment of the sewage disposal fees and separate connections will be required for each such buildings. 671.16 SECTION 16. EXCEPTIONS TO CONNECTIONS: This Ordinance shall not be construed to require or entitle any person to cross the private property of another to make any sewer con- nection. However, if any inability to cross the private property of another is a subterfuge or connivance caused by conveyance subsequent to this Ordinance, such grantor shall not be exempt from the provisions of this Ordinance. 671.17 SECTION 17. 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 not to exceed three hundred ($300.00) dollars or imprisonment .not to exceed ninety (90) days, or 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 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 vio- lation of this Ordinance. Each day such violation continues shall be considered a separate offense and subject to the penalties prescribed herein. 6. OR 6-66 PAGE 6 OF 7 not in code SECTION 18. REPEAL CLAUSE : All ordinances or parts of Ordinances in conflict herewith are hereby repealed. not in code SECTION 19. INVALIDITY OF ANY PART OF ORDINANCE: If any section, sub-section, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent portion and such holding shall not effect the validity of the remaining portions thereof. SECTION 19. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its passage. PASSED AND ADOPTED by the City Council of the City of Cape Canaveral, Florida, at its regular meeting held the 15th day of February 1966. [signature] Mayor Attest: [signature] City Clerk Dec 20 6-66.A. Approved as to Form: [no signature] City Attorney 7. OR 6-66 PAGE 7 OF 7 Codified Feb 1986 ORDINANCE NO. 32-85 AN ORDINANCE AMENDING CHAPTER 671 "SEWER SERVICE" OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING SECTION 671. 03 "RATES"; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows : SECTION 1. Section 671.03 , "Rates" is hereby deleted in its entirety, and the following substituted therefore: Single Family residential $ 11. 65 per unit Multi-Family, Group 1 First Units $ 11. 65 per unit Additional Units $ 8 . 54 per unit Multi-Family, Group 2 First Units $ 11. 65 per unit Additional Units $ 8 . 00 per unit Townhouses $ 11. 65 per unit Public Buildings $ 19 . 42 per unit Commercial, Inside 230% of Water Bill Commercial, Outside 288% of Water Bill *[section 2 was deleted] SECTION 3 . The above schedule of fees is subject to revision from time to time as may be necessary, and all revisions may be by Resolution of the City Council of the City of Cape Canaveral, Florida. SECTION 4 . All portions of the Code in conflict herewith are hereby repealed. *Amended on Second Reading Ordinance No. 32-85 Page 1 of 2 SECTION 5. This Ordinance shall take effect immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 18th day of June , 1985. [signature] Mayor ATTEST: [signature] City Clerk Approved as to Form: [signature] City Attorney NAME YES NO FISCHETTI [didn't vote] MARCHETTI YES NICHOLAS YES RUTHERFORD YES WINCHESTER YES First Reading: 6-4-85 Posted: 6-5-85 Advertised: 6-8-85 Second Reading: 6-18-85 Ordinance No. 32-85 Page 2 of 2 City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 305 783-1100 CITY OF CAPE CANAVERAL June 25, 1985 FIRST ERRATA SHEET SEWER RATES ORDINANCE NO. 32-85 CITY CODE CHAPTER 671 WHEREAS, there were some errors in transcribing Ordinance No. 32-85; NOW, THEREFORE, the following clarification is made: Ordinance No. 32-85 amending the structure of the Sewer Rates by combining different catagories. The purpose of this errata sheet is to delineate more clearly which catagories were combined. 1. Multi-family group 1 is those units having more than one bedroom per unit; multi-family group 2 is those units having one bedroom or less per unit. 2. Motels, trailer parks and all similar uses became multi-family group 2 . 3. Townhouses are added as a single family residential unit but have their own classification. 4. Churches will be the same as townhouses. 5. Dormitories are inside commercial; the Port Authority is outside commercial. The inside and outside refer to the City limits. 6. The words "It is the intent of the Chapter that all condominiums or other developments, particularly developments with a mixture of housing types, be charge a sewer rate in accordance with type of structure actuall being built" should remain in the section. [signature] Joseph W. Scott City Attorney § 671. 03 SEWER SERVICE § 671 . 03 3 Customer Classification Monthly Charge Residential Single Family and all similar single family uses Single Bath $ 7 . 28 Multiple Family & Apartments and all similar multiple family uses: Class I (having more than 1 bedroom per unit) First Unit 7 . 28 Additional Units (each) 5. 34 Class II (having 1 bedroom or less per unit) First Unit 7. 28 Additional Units (each) 5. 00 Condominiums - Class I (having more than 1 bedroom per unit) First Unit 7. 28 Additional Units (each) 5 . 34 Condominums - Class II (having 1 bedroom or less per unit) First Unit 7 . 28 Additional Units (each) 5. 00 Motels & Trailer Parks and all similar uses : First Unit or Space 7 . 28 Additional Units or Spaces 5 . 00 Dormitories 143. 75% of water bill Public Buildings 12 . 14 Churches 7. 28 Commercial & Industrial & Schools 143 . 75% of water bill Port Authority 179. 7% of water bill It is the intent of this ordinance that all condominums or other developments, particularly developments with a PAGE REVISED 11-17-81 Codified Feb 86 ORDINANCE NO. 32-85 AN ORDINANCE AMENDING CHAPTER 671 "SEWER SERVICE" OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING SECTION 671.03 "RATES" ; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Section 671.03, "Rates" is hereby deleted in its entirety, and the following substituted therefore: Single Family residential $ 11.65 per unit Multi-Family, Group 1 First Units $ 11.65 per unit Additional Units $ 8.54 per unit Multi-Family, Group 2 First Units $ 11. 65 per unit Additional Units $ 8.00 per unit Townhouses $ 11.65 per unit Public Buildings $ 19.42 per unit Commercial, Inside 230% of Water Bill Commercial, Outside 288% of Water Bill *[section 2 was deleted] SECTION 3 . The above schedule of fees is subject to revision from time to time as may be necessary, and all revisions may be by Resolution of the City Council of the City of Cape Canaveral, Florida. SECTION 4 . All portions of the Code in conflict herewith are hereby repealed. *Amended on Second Reading Ordinance No. 32-85 Page 1 of 2 City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 305 783-1100 CITY OF CAPE CANAVERAL June 25, 1985 FIRST ERRATA SHEET SEWER RATES ORDINANCE NO. 32-85 CITY CODE CHAPTER 671 WHEREAS, there were some errors in transcribing Ordinance No. 32-85 ; NOW, THEREFORE, the following clarification is made: Ordinance No. 32-85 amending the structure of the Sewer Rates by combining different catagories . The purpose of this errata sheet is to delineate more clearly which catagories were combined. 1. Multi-family group 1 is those units having more than one bedroom per unit; multi-family group 2 is those units having one bedroom or less per unit. 2. Motels, trailer parks and all similar uses became multi-family group 2 . 3 . Townhouses are added as a single family residential unit but have their own classification. 4 . Churches will be the same as townhouses. 5. Dormitories are inside commercial; the Port Authority is outside commercial. The inside and outside refer to the City limits. 6. The words "It is the intent of the Chapter that all condominiums or other developments, particularly developments with a mixture of housing types, be charge a sewer rate in accordance with type of structure actually being built" should remain in the section. [signature] Joseph W. Scott City Attorney 342 § 671. 01 SEWER SERVICE § 671. 03 CHAPTER 671 SEWER SERVICE Sec. 671. 01 Connections with Sewer Required. The owner of each lot or parcel of land within the City of Cape Canaveral 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 trailer to be connected with the public sewer facilities of the municipal sewer system of the City of Cape Canaveral and use such facilities , within sixty (60) days following notification so to do by 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 regula- tions shall provide for an inspection fee for inspecting such connections in such reasonable amount as the Council may fix and determine. No connection or connections shall be required where said sewer system or line is more than one hundred fifty (150) feet from such lot or parcel of land. [Ord. No. 6-66 , § 1 , 15 Feb 1966] Sec. 671. 02 Late Connection Penalty. In the event the owner of a lot or parcel of land does connect such building now situated or hereafter to be situated, used for either residential, commercial or industrial purpose, or trailer used as a dwelling, to and with the municipal sewer system within the said sixty (60) day period of time, the City shall make no hook-up or connection charge; provided, however, if such connection is not made within the said sixty (60) day period, a charge in the amount of seventy-five dollars ($75 . 00) shall be assessed against such owner by the City as a penalty for failure to comply with the provisions of this Chapter within the said sixty (60) day period of time; provided further that where sewer lines are installed by subdivision such hook-up penalty shall not apply. In addition and as an alternative means of collecting such late connection penalty, the City shall have a lien on such lot or parcel of land for which such lien shall be equal dignity with the lien 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 mortgages upon real estate. [Ord. No. 6-66 , § 2 , 15 Feb 1966] Sec. 671 . 03 Rates . Any user of the services of the sewer system shall pay therefor a monthly charge or rate as follows : § 671. 03 SEWER SERVICE § 671 . 03 Customer Classification Monthly Charge Residential Single Family and all similar single family uses Single Bath $ 7. 28 Multiple Family & Apartments and all similar multiple family uses : Class I (having more than 1 bedroom per unit) First Unit 7.28 Additional Units (each) 5. 34 Class II (having 1 bedroom or less per unit) First Unit 7. 28 Additional Units (each) 5. 00 Condominiums - Class I (having more than 1 bedroom per unit) First Unit 7. 28 Additional Units (each) 5 . 34 Condominums - Class II (having 1 bedroom or less per unit) First Unit 7 . 28 Additional Units (each) 5. 00 Motels & Trailer Parks and all similar uses : First Unit or Space 7. 28 Additional Units or Spaces 5. 00 Dormitories 143 . 75% of water bill Public Buildings 12 . 14 Churches 7. 28 Commercial & Industrial & Schools 143 . 75% of water bill Port Authority 179 . 7% of water bill It is the intent of this ordinance that all condominums or other developments, particularly developments with a PAGE REVISED 11-17-81 344 671. 03 SEWER SERVICE 671. 09 mixture of housing types, be charged a sewer rate in accordance with type of structure actually built. [Ord. No. 6-66, § 3, 15 Feb 1966; Ord. No. 12-72, § 1, 3 Oct 1972; Ord. No. 6-77 , § 3, 3 May 1977; Ord. No. 14-79, § § 1, 2 , 4 Sep 1979; Ord. No. 17-79 , § 1, 2 Oct 1979; Ord. No. 22-81, § 3, 17 Nov 1981] Sec. 671. 04 Unlawful Connection. No person shall be allowed to connect into any sewer line owned by the City without a permit issued by the City and then the connec- tion with such line shall be made only under the direction and supervision of the City. [Ord. No. 6-66, § 4, 15 Feb 1966] Sec. 671. 05 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 City which is within one hundred fifty (150) feet of a public san- itary sewer line, unless it is provided with water-carried sewage facilities. [Ord. No. 6-66, § 5, 15 Feb 1966] Sec. 671. 06 Connecting Old Plumbing. Whenever it is desirable to connect old exterior plumbing with the City sewer main, the owner or plumber contemplating doing such work shall notify the City Building Official who will in- spect said old exterior plumbing and notify the owner or plumber what alterations will be necessary to place said old exterior plumbing in an acceptable condition for such connection. [Ord. No. 6-66 , § 6, 15 Feb 1966] Sec. 671. 07 Sanitary Requirements. Every residence and building in which human beings reside, 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, or an approved type of septic tank. [Ord. No. 6-66, § 7, 15 Feb 1966] Sec. 671. 08 Disposal Requirements . It shall be un- lawful for any person, persons, firm or corporation owning or leasing any premises in the City to permit the disposal of any human excrement on any property, leased or rented by any such person, firm or corporation or the agent of any such person, firm or corporation, except in a sanitary water closet where sewage lines are available as defined above. [Ord. No. 6-66, § 8 , 15 Feb 1966] Sec. 671 . 09 Septic Tank. No septic tank other than those approved by the State Board of Health shall be constructed within the corporate limits of the City. [Ord. No. 6-66, § 9, 15 Feb 1966] PAGE REVISED 11-17-81 file History file Chapter 671 City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 305 783-1100 CITY OF CAPE CANAVERAL May 30 , 1985 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: CITY MANAGER RE: SEWER RATE STUDY Briley, Wild and Associates has completed its review of the City ' s sewer rates and prepared the report recently delivered to you. BWA has determined that an adjustment in rates is required to meet projected operating expenses, and to meet the technical revenue coverage requirements of our outstanding bond issue . BWA has provided alternative methods to adjust the rates to meet the revenue requirements, with the most practical being to continue the present flat rate system for residential customers and water consumption rates for commercial customers . The recommended rates are sixty percent higher than the present rates which were last changed in 1981 . These proposed rates are shown on page 11 of the report. [signature] Frederick C. Nutt FCN:ab COMPARATIVE SEWER RATES BREVARD COUNTY (North and South Cocoa Beach) Residential - $13 .75 (single family) $13 .00 per unit (multi-family) Commercial - $2 . 40 per 1000 gallons water (min.6000 gallons) BREVARD COUNTY (Merritt Island) Residential - $12 .50 + $2 .65 per 1000 gals water (single family) $10 .75 per unit plus $2 .65 per 1, 000 gallons of water (multi-family) Commercial - $12 .50 per equivalent unit plus $2 .65 per 1, 000 gallons of water CITY OF COCOA BEACH Residential - $7 .00 for the first 5, 000 gallons of water plus $1 . 40 per 1, 000 gallons over 5, 000 gallons Commercial - $8 . 25 for the first 5, 000 gallons of water plus $1 .65 per 1, 000 gallons over 5 , 000 gallons Codified Mar 1985 ORDINANCE NO. 18-84 AN ORDINANCE AMENDING CHAPTER 671 "SEWER SERVICE" , OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY REPEALING SECTION 671 . 11 IN ITS ENTIRETY AND REPLACING WITH A NEW SECTION 671 . 11 "PAYMENT OF FEES AND BILLS REQUIRED" , ADJUSTING LATE CHARGES ON SEWER BILLS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral , Florida , as follows : SECTION 1 . Chapter 671 "Sewer Service" , of the Code of Ordinances of the City of Cape Canaveral , Florida, is hereby amended by repealing Section 671 . 11 , and replacing it with the following: Section 671 . 11 Payment of Fees and Bills Required. Bills for the monthly charges and fees hereinafter mentioned shall be submitted and shall be payable within thirty (30) days from the billing date. If such monthly bill shall be and remain unpaid on and after the thirty (30) day grace period, water and sewer service shall be subject to cut- off. If such monthly bill is not paid in full by the thirtieth day following that for which a billing has been rendered, then an amount equal to ten per cent (10%) of such bill due shall be added thereto as a late charge. Upon failure of any user to pay within sixty (60) days from being billed, the City shall shut off or cause to be shut off the connection of such user and shall not furnish him or permit him to receive from the system further service until all obligations owed by him to the City on account of the services shall have been paid in full . If such sewer service is shut off as aforesaid, then before such service shall be restored the user thereof shall pay a reinstatement fee in the amount of $75 .00 , in addition to any other charges , late charge or penalties due. [ SECTION 2 . All portions of the code in conflict herewith are hereby repealed. SECTION 3 . This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida , this 2nd day of October , 1984. [signature] Mayor Attest: [signature & seal] Acting City Clerk Approved as to Form: [signature] City Attorney NAME YES NO CALVERT YES FISCHETTI [didn't vote] NICHOLAS YES RUTHERFORD YES WINCHESTER YES Permission to Advertise: 9/4/84 First Reading: 9-18-84 Posted: 9-6-84 Advertised: 9-14-84 Second Reading: 10-2-84 34 § 671. 10 SEWER SERVICE § 671. 13 Sec. 671. 10 Maintenance of Plumbing System. The owner of the property shall be responsible for maintaining and keeping clean the sewer pipes leading and connecting from the plumbing system to the City main. [Ord. No. 6-66 , § 10, 15 Feb 1966] Copy from Ordinance Sec. 671.12 Collection of Sewer Fees Where Owner has Private Water Supply; Deposit Required; Plugging of Line by City; Charge for Plugging. In those instances where the owner has his own private water supply, and such owner becomes more than ten (10) days delinquent in the payment of his monthly sewage disposal fee after billing, the City shall have the right to plug the sewer line leading to the owner' s plumbing system, and the owner shall have no right to reconnect this line or remove the plug until sewage disposal fees shall have been paid in full, together with a charge of $25. 00 as hereinafter mentioned. Such penalty of $25. 00 shall be imposed and be added to any delinquent bill where the sewer line has been plugged for nonpayment. In those instances where the owner has his own private water supply the City shall require a deposit in the amount of $11. 25 for residential sewage disposal service and in a sufficient amount as prescribed by the City from Commercial and Industrial accounts to cover a three (3) month service period providing, however, that no such. deposit shall exceed One Hundred Dollars ($100) . Recon- necting the sewer service or removing the plug in the sewer line until such sewage disposal fees are paid in full, together with said charge of $25, shall be considered a violation of this section. [Ord. No. 6-66 , § 12 , 15 Feb 1966; Ord. No. 6-66B, 20 Sep 1966] Start On New Page Sec. 671. 13 Failure to Maintain Plumbing System. Failure to keep the sewer pipe, i.e. , the pipe leading § 671.13 SEWER SERVICE § 671.17 from the plumbing system to the City main, clean and maintained in a proper manner will give the City the right to cut off or cause to be cut off the water con- nection, which shall not be reconnected until the sewer pipe is cleaned and maintained properly. In those in- stances where the owner has his own private water supply, the City shall have the right to plug the sewer line leading to and connecting with the plumbing system, and the owner shall have no right to unplug the sewer line until the sewer pipe leading from the plumbing system to the City main has been maintained and cleaned and in proper condition. Unplugging the sewer line or recon- necting the water supply from the Cocoa water main, until such sewer pipes are cleaned and maintained properly, shall be considered a violation of this section. [Ord. No. 6-66 , § 13 , 15 Feb 1966] Sec. 671.14 No Free Service. 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 such service shall pay therefor at the rates fixed by this Chapter. [Ord. No. 6-66, § 14 , 15 Feb 1966] Sec. 671. 15 Separate Connections for Each Separate Building. Each residential building whether occupying one or more lots and whether it shall occupy any lot or parcel jointly with any other residential building shall be considered a separate unit for the payment of the sewage disposal fees and separate connections will be required for each such building. [Ord. No. 6-66, § 15 , 15 Feb 1966] Sec. 671. 16 Exceptions to Connections. This Chapter shall not be construed to require or entitle any person to cross the private property of another to make any sewer connection. However, if any inability to cross the private property of another is a subterfuge or con- nivance caused by conveyance subsequent to this Chapter, such grantor shall not be exempt from the provisions of the Chapter. Ord. No. 6-66, § 16, 15 Feb 1966] Sec. 671. 17 Time Extension. Those owners of each lot or parcel of land located within the confines of Systems 1, 2, 3 and 4 of the City Sanitary Sewer System within the City of Cape Canaveral , 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 resi- dential, commercial or industrial use, that have previously Codified Nov. 81 ORDINANCE NO. 22-81 AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, CODE CHAPTER 671.03, "RATES"; PROVIDING AN EFFECTIVE DATE. SECTION 1. Section 671.03, "Rates" is hereby deleted in its entirety, and the following substituted therefore: SECTION 3. RATES: Any user of the services of the sewer system shall pay therefore a monthly charge or rate as follows: Customer Classification Monthly Charge Residential Single Family and all similar single family uses: Single bath 7.28 Multiple Family & Apartments and all similar multiple family uses: Class I (having more than 1 bedroom per unit) First Unit 7.28 Additional Units (each) 5.34 Class II (having 1 bedroom or less per unit) First Unit 7.28 Additional Units (each) 5.00 Condominiums-Class I (having more than one bedroom per unit) First Unit 7.28 Additional Units (each) 5.34 Condominiums-Class II (having one bedroom or less per unit) First Unit 7.28 Additional Units (each) 5.00 Motels & Trailer Parks and all similar uses: First Unit or Space 7.28 Additional Units or Spaces 5.00 Dormitories 143.75% of water bill Public Buildings 12.14 Churches 7.28 Commercial & Industrial & Schools 143.75% of water bill Port Authority 179.7% of water bill It is the intent of this ordinance that all condominiums or other developments, particularly developments with a mixture of housing types, be charged a sewer rate in accordance with type of structure actually built. SECTION 2. This Ordinance shall become effective immediately upon its adoption. CHAP 672 AMENDED ORD 12-7 Sewer Service Sec. 671.01 CONNECTIONS WITH SEWER REQUIRED, The owner of each lot or parcel of land within the City of Cape- Canaveral 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 trailer to be connected with the public sewer facilities of the municipal sewer system of the City of Cape Canaveral and use such facilities, within sixty (60) days fallowing notification so to do by 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 regula- tions shall provide for an inspection fee for inspecting such connections in such reasonable amount as cne Council may fix and determine. No connection or connections shall be required where said sewer system or line is more than one hundred fifty (150) feet from such lot or parcel of land. [Ord. No. 6-66, §1, 15 FEB. 1966] Sec. 671.02 LATE CONNECTION PENALTY In the event the owner of a lot or. parcel of land does connect such building now situated or hereafter to be situated, used for either residential, commercial or industrial purpose, or trailer used as a dwelling, to and with the municipal sewer system PAGE 1 OF 7 98/59 within the said sixty (60) day period of time, the City shall make no hook-up or connection charge; provided, however, if such connection is not made within the said sixty (60) day period, a charge in the amount of seventy-five ($75.00) dollars shall be assessed against such owner by the City as a penalty for failure to com- ply with the provisions of this CHAPTER within the said sixty (60) day period of time; provided further that where sewer lines are installed by subdivision such hook-up penalty shall not apply. In addition and as an alternative means of collecting such late connection penalty, the City shall have a lien on such lot or parcel of land for which such lien shall be of equal dignity with the lien of state and county and municipal taxes. Such lien may be fore- closed by the City in the same manner provided by the laws of Florida for the foreclosure of mortgages upon real estate. [Ord. No. 6-66, §2, 15 FEB. 1966] Sec. 671.03 RATES. 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 (SINGLE BATH) $ 5 . 06 ADDITIONAL BATHS .68 MULTIPLE FAMILY & APARTMENTS-CLASS 1 (HAVING MORE THAN 1 BEDROOM PER UNIT) FIRST UNIT 5 . 06 ADDITIONAL UNITS 3 . 71 MULTIPLE FAMILY AND APARTMENTS=CLASS 11 (HAVING 1 BEDROOM OR LESS PER UNIT) FIRST UNIT 5 . 06 ADDITIONAL UNITS 3 . 04 MOTELS AND TRAILER PARKS FIRST UNIT OR SPACE 5 . 06 ADDITIONAL UNITS OR SPACES 2 . 36 DORMITORIES 100% OF WATER BILL W/MINIMUM OF $5 . 06 PUBLIC BUILDINGS 8 . 44 CHURCHES 5 . 06 COMMERCIAL AND INDUSTRIAL 100% OF WATER BILL W/MINIMUM OF $5 . 06 [Ord. No. 6-66, §3, AS AMENDED BY 12-72, 3 Oct. 1972] 2. PAGE 2 OF 7 99/60 Sec. 671.04. UNLAWFUL CONNECTION. No person shall be allowed to connect into any sewer line owned by the City without a permit issued by the City, and then the connection with such line shall be made only under the direction and supervision of the City. [Ord. No. 6-66, §4, 15 Feb. 1966] Sec. 671.05. UNLAWFUL CONSTRUCTIONS No person, group or 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 one hundred fifty (150) feet of a public sanitary sewer line, unless it is provided with water carried sewage facilities. [Ord. No. 6-66, §5, 15 FEB. 1966] Sec. 671.06. CONNECTING OLD PLUMBING`, Whenever it is desirable to connect old exterior plumbing with the City sewer main, the owner or plumber contemplating doing such work shall notify the City Building Official who will in- spect' said old exterior plumbing and notify the owner or plumber what alterations will be necessary to place said old exterior plumbing in an acceptable condition for such connection. [Ord. No. 6-66, §6, 15 Feb. 1966] Sec. 671.07. SANITARY REQUIREMENTS, Every residence and building in which human beings reside, are employed or con- gregated, shall be required to have a sanitary method of disposing of human excrement, namely, either a sanitary water closet that is connected withwith the City sewer, or an approved type of septic tank. [Ord. No. 6-66, §7, 15 Feb. 1966] Sec. 671.08. DISPOSAL REQUIREMENTS: It shall be unlawful for any person, persons, firm or corporation owning or 3. PAGE 3 OF 7 100/61 leasing any premises in the City to permit the disposal of any human excrement on any property, leased or rented by any such person, firm or corporation. or the agent of any such person, firm or corporation, except in a sanitary water closet where sewage lines are available as defined above. [Ord. No. 6-66, §815 Feb. 1966] Sec. 671.09. SEPTIC TANK. No septic tank other than those approved by the State Board of Health shall be con- structed within the corporate limits of the City. [Ord. No. 6-66, §9, 15 Feb. 1966] Sec.671.10. MAINTENANCE OF PLUMBING SYSTEM. The owner of the property shall be responsible for maintaining and keeping clean the sewer pipes leading and connecting from the plumbing system to the City main, [Ord. No. 6-66, §10, 15 Feb. 1966] Sec. 671.11. PAYMENT OF FEES AND BILLS REQUIRED: Bills for the monthly charges and fees hereinafter mentioned shall be submitted and shall be payable within ten (10) days from the post nark of such bill. If such monthly bill shall be and remain unpaid on and after the ten (10) day grace period, water and sewer service shall be subject to cut-off. In the event that either water or sewer service is discontinued because of delinquency, a fee in the amount of $1.50 shall be charged to restore the said service. Water service and/or sewer service shall not be reconnected after discontinuance until all past due water bills and sewage disposal fees are paid in full together with said delinquency charge.[Ord. No. 6-66, §11, 15 Feb. 1966] Sec. 671.12. COLLECTION OF SEWER FEES WHERE OWNER HAS PRIVATE WATER SUPPLY; DEPOSIT REQUIRED; PLUGGING OF LINE BY CITY; CHARGE FOR PLUGGING. In those instances where the owner has his own private water supply, and such owner becomes more than ten (10) days delinquent in the payment of his monthly sewage disposal fee after billing, the City shall have the right to plug the sewer line leading to the owner's plumbing system, and the owner shall have no right to re- connect this line or remove the plug until sewage disposal 4. PAGE 4 OF 7 101/62 fees shall have been paid in full, together with a charge of $25.00 as hereinafter mentioned. Such penalty of $25.00 shall be imposed and be added to any delinquent bill where the sewer line has been plugged for non-payment. In those , instances where the owner has his own private water supply the City shall require a deposit in the amount of $11.25 for residential sewage disposal service and in a sufficient amount as prescribed by the City from Commercial and Industrial accounts to cover a three (3) month service period, providing however, that no such deposit shall exceed one hundered dollars ($100). Reconnecting the sewer service or removing the plug in the sewer line until such sewage disposal fees are paid in full, together with said charge of $25.00, shall be considered a violation of this section. [Ord. No. 6-66, §12, AS AMENDED BY 6-66-B, 20 Sept. 1966] SECTION 13. FAILURE TO MAINTAIN PLUMBING SYSTEM. Failure to keep the sewer pipe, i. e. the pipe leading from the plumbing system to the City main, clean and maintained in 'a proper manner will give the City the right to cut-off or cause to be 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 plug the sewer line leading to and connecting with the plumbing system, and the owner shall have no right to unplug the sewer line until the sewer pipe leading from the plumbing system to the City main has been maintained and cleaned and in proper condition. Unplugging the sewer line or reconnecting the water supply from the Cocoa water main, until such sewer pipes are cleaned and maintained properly, shall be considered a violation of this section. [Ord. No. 6-66, §13, 15 Feb. 1966] 5. PAGE 5 OF 7 Sec. 671.14 NO FREE SERVICE. 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 such service shall pay therefor at the rates fixed by this chapter. [Ord. NO. 6-66, §14, 15 Feb. 1966] Sec. 671.15. SEPARATE CONNECTIONS FOR EACH SEPARATE BUILDING: Each residential building whether occupying one or more lots and whether it shall occupy any lot or parcel jointly with any other residential building shall be considered a separate unit for the payment of the sewage disposal fees and separate connections will be required for each such buildings. [Ord. No. 6-66, §15, 15 Feb. 1966] Sec. 671.16. EXCEPTIONS TO CONNECTIONS. This chapter shall not be construed to require or entitle any person to cross the private property of another to make any sewer con- nection. However, if any inability to cross the private property of another is a subterfuge or connivance caused by conveyance subsequent to this chapter such grantor shall not be exempt from the provisions of this chapter. [Ord. No. 6-66, §16, 15 Feb. 1966] Sec. 671.17 PENALTY. Any person, firm or corporation violating any of the provisions of this chapter shall, be punished as provided in §801.02. Any failure or refusal by an owner to connect to the City 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 vio- lation of this chapter. Each day such violation continues shall be considered a separate offense and subject to the penalties prescribed herein. [Ord. No. 6-66, §17, 15 Feb 1966] 6. PAGE 6 OF 7 103/64 671.03 Rates AMENDED 6-75 671 Ord 31-74 ORDINANCE NO. 31 -74 3 Dec 1974 AN ORDINANCE AMENDING ORDINANCE NO. 6-66 AS AMENDED, RELATING TO SANITARY SEWER SERVICE AND PRESCRIBING-RATES TO BE CHARGED FOR USE OF MUNICIPAL SEWER SERVICE BY ADDING A CUSTOMER CLASSIFICATION OF CONDOMINIUMS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral, Florida, adopted Resolution No. 65-7 setting forth a preliminary schedule of rates, fees and charges for municipal sewer service; and WHEREAS, said Resolution also provided that said rates may be revised from time to. time by the City Council; and. WHEREAS, the City Council of the City of Cape Canaveral? Florida, has revised said rates from time to time, as set forth in Ordinance No. 6-66 as amended; and WHEREAS, the schedule of rates for municipal sewer service has no classification for condominiums; and WHEREAS, the City's Fiscal Agent and Bond Attorneys have recommended that a classifiaction entitled "Condominiums" be added to the schedule of rates; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: SECTION 1. Section 3 of Ordinance No. 6-66 as amended, pertain- ing to Customer Classification for monthly charges shall be amended by the addition of the following classification: 1 add am. 6-77 "Customer Classification Monthly Charge Condominiums - Class I (Having more than one bedroom per unit) First Unit $5.06 Additional Units (each) 3.71 Condominiums - Class II (Having one bedroom or less per unit) First Unit $5.06 Additional Units (each) 3.04 SECTION 2. This Ordinance shall became effective immediately upon its adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida this 3 day of DECEMBER, 1974. [signature] Mayor Attest: [signature & seal] City Clerk Approved as to form: [signature] City Attorney FIRST READING: 11/5/74 POSTED: 11/6/74 ADVERTISED: 11/11/74 SECOND READING: 12/3/74 NAME YES NO ABS MACLAY YES NICHOLAS YES RHAME YES SALVAGGIO YES THURM YES 671 Ord 31-74 ORDINANCE NO. 12-72 AN ORDINANCE AMENDING ORDINANCE NO. 6-66 AS AMENDED RELATING TO SANITARY SEWER SERVICE AND PRESCRIBING RATES TO BE CHARGED FOR USE OF MUNICIPAL SEWER SERVICE; PROVIDING AN EFFECTIVE DATE . WHEREAS, THE CITY OF CAPE CANAVERAL, FLORIDA ADOPTED RESOLUTION 65-7 SETTING FORTH A PRELIMINARY SCHEDULE OF RATES, FEES AND CHARGES FOR MUNICIPAL SEWER SERVICE; AND WHEREAS, SAID RESOLUTION ALSO PROVIDED THAT SAID RATES MAY BE REVISED FROM TIME TO TIME BY THE CITY COUNCIL; AND WHEREAS, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA HAS REVISED SAID RATES FROM TIME TO TIME, AS SET FORTH IN ORDINANCE NO . 6-66 AS AMENDED; AND WHEREAS, THE CITY ENGINEER HAS RECOMMENDED THAT CERTAIN REVISIONS IN THE RATE SCHEDULE BE MADE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS : SECTION 1 . SECTION 3 OF ORDINANCE NO. 6-66 AS AMENDED, PERTAINING TO CUSTOMER CLASSIFICATION AND MONTHLY CHARGE SHALL BE DELETED IN ITS ENTIRETY, AND THE FOLLOWING SECTION 3 SHALL BE SUB- STITUTED IN LIEU THEREOF: CUSTOMER CLASSIFICATION MONTHLY CHARGE ok in code RESIDENTIAL SINGLE FAMILY (SINGLE BATH) $ 5 . 06 ADDITIONAL BATHS . 68 MULTIPLE FAMILY & APARTMENTS-CLASS I (HAVING MORE THAN 1 BEDROOM PER UNIT) FIRST UNIT 5 . 06 ADDITIONAL UNITS 3 . 71 MULTIPLE FAMILY AND APARTMENTS=CLASS II (HAVING 1 BEDROOM OR LESS PER UNIT) FIRST UNIT 5 . 06 ADDITIONAL UNITS 3 . 04 MOTELS AND TRAILER PARKS FIRST UNIT OR SPACE 5 . 06 ADDITIONAL UNITS OR SPACES 2 . 36 DORMITORIES 100% OF WATER BILL W/MINIMUM OF $5 . 06 PUBLIC BUILDINGS 8 . 44 CHURCHES 5 . 06 COMMERCIAL. AND INDUSTRIAL 100% OF WATER BILL W/MINIMUM OF $5 . 06 12-72 1 2 PAGE 1 OF 2 SECTION 2 . THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA. ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, THIS 3RD DAY OF OCTOBER, 1972. [signature] Mayor ATTEST: [signature] CITY CLERK APPROVED AS TO FORM: [signature] CITY ATTORNEY FIRST READING: SEPTEMBER 5, 1972 SECOND READING: OCTOBER 3, 1972 POSTED: SEPTEMBER 8, 1972 OR 12-72 PAGE 2 OF 2 Chap 671 5/3/77 671 Ord 6-77 Check This NAME YES NO NICHOLAS YES HOOG YES MURPHY YES SALVAGGIO YES THURM YES ORDINANCE NO. 6-77 AN ORDINANCE AMENDING ORDINANCE NO. 6-66 AS AMENDED, RELATING TO SANITARY SEWER SERVICE AND PRESCRIBING RATES TO BE CHARGED FOR USE OF MUNICIPAL SEWER SERVICE BY AMENDING CUSTOMER CLASSIFICATIONS; PROVIDING AN EFFECTIVE DATE. SECTION 1. Section 3 of Ordinance No. 6-66 as amended, pertaining to Customer Classification for monthly charges is hereby deleted in its entirety, and the following substituted therefor: 671.03 "SECTION 3. RATES: 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 and all similar single family uses: Single bath $5. 06 Additional baths . 63 Multiple Family & Apartments and all similar multiple family uses: Class I (having more than 1 bedroom per per unit) First Unit 5. 06 Additional Units 3. 71 Class II (having 1 bedroom or less per unit) First Unit 5. 06 Additional Units 3. 04 Mote's & Trailer Parks and all similar uses: First Unit or Space 5. 06 Additional Units or Spaces 2. 36 Dormitories 100% of Water Bill w/ minimum of $5. 06 Public Buildings $8. 44 add. Churches 5. 06 add. Commercial & Industrial & Schools 100% of water bill w/ minimum of $5. 06 add Port Authority 125% of water bill w/ minimum of $5. 06" SECTION 2. It is the intent of this ordinance that all condominiums or other developments, particularly developments with a mixture of housing types, be charged a sewer rate in accordance with the type of structure actually built. SECTION 3. This ordinance shall become effective immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 3rd day of May , 1977. [signature] Mayor Attest: [signature] City Clerk Approved as to form: [signature] City Attorney First Reading: 4-19-77 Posted: 4-21-77 Advertised: 4-25-77 Second Reading: 5-3-77 671.03 671 Ord 6-77 S C ORDINANCE NO. 6-75 AN ORDINANCE AMENDING ORDINANCE NO. 31-74 REGARDING SEWER RATES FOR CONDOMINIUMS, BY PROVIDING THAT SAID RATES SHALL NOT BE RETROACTIVE; *[deleted text]; REPEALING ALL ORDINANCES, RESOLUTIONS, OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. SECTION 1. Ordinance No. 31-74 of the City of Cape Canaveral, Florida, which amended Ordinance No. 6-66, as amended, by providing for condominium sewer rates, is hereby amended as follows: Section 1 of Ordinance No. 31-74 is hereby amended by the addition of the following new paragraph: 2 condo note: add this 6-77 "It is the intent of this Ordinance that the rate hereby established for condominiums shall be effective subsequent to the effective date of Ordinance No. 31-74, which was December 3, 1974, and shall. not be retroactive as regards any previous sewer billings to condominiums. It is specifically intended that the sewer rates charged to condominiums prior to Ordinance No. 31-74 shall remain in full force and effect, and no reduction of said billings was intended by Ordinance No. 31-74.*[deleted text] SECTION 2. All ordinance, resolutions, or parts thereof, in conflict herewith, are repealed. SECTION 3. This Ordinance shall become effective immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 22 day of April , 1975. [signature] Mayor Attest: [signature & seal] City Clerk Approved as to form: [signature] City Attorney FIRST READING: 3/18/75 POSTED: 3/19/75 ADVERTISED: 3/24/75 SECOND READING: 4/22/75 NAME YES NO ABS MACLAY YES NICHOLAS YES RHAME YES SALVAGGIO YES THURM NO *AMENDED ON FIRST READING 671 Ord 17-79 Typed in Codification in 1981 Posting D. Scott [checkmark] J. Scott [checkmark] L. Baikes [checkmark] E Lfy [checkmark] Histor Sewer [checkmark] Code Copy ORDINANCE NO. 17-79 AN ORDINANCE AMENDING ORDINANCE NO. 6-66, AS AMENDED, RELATING TO SANITARY SEWER SERVICE $Y DELETING THE CHARGE FOR ADDITIONAL BATHS IN SINGLE FAMILY RESIDENTIAL CLASSIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, as follows: SECTION 1. Section of Ordinance No. 6-66, as amended, pertaining to Customer Classification is hereby amended so as to delete: "Single Family and all similar family uses: Single bath $ 6.33 Additional baths .85 " and add the following classification: "Single Family and all similar single family uses: $ 6.33 " SECTION 2. This Ordinance shall become effective immediately upon adoption. ADOPTED by the City Council of the City of Cape Canaveral, this 2nd day of October , 1979. [signature] Mayor Attest: [signature & seal] City Clerk Approved as to form: [signature] City Attorney NAME YES NO BOYD YES CALVERT YES LEE YES MURPHY YES RUTHERFORD YES First Reading: 9-18-79 Posted: 9-19-79 Advertised: 9-24-79 Second Reading: 10-2-79 MICROFILMED 3-14-80 AMENDED 17-79 ORDINANCE NO. 14-79 AN ORDINANCE AMENDING ORDINANCE NO. 6-66 AS AMENDED, RELATING TO SANITARY SEWER SERVICE AND PRESCRIBING RATES TO BE CHARGED FOR USE OF MUNICIPAL SEWER SERVICE BY AMENDING CUSTOMER CLASSIFICATIONS; PROVIDING AN EFFECTIVE DATE. SECTION 1. Section 3 of Ordinance No. 6-66, as amended, pertaining to Customer Classification for monthly charges is hereby deleted in its entirety, and the following substituted therefor: SECTION 3. RATES: 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 and all similar single family uses: Single bath 6.33 Additional baths .85 Multiple Family & Apartments and all similar multiple family uses: Class I (having more than 1 bedroom per unit) First Unit 6.33 Additional Units (each) 4.64 Class II (having 1 bedroom or less per unit) First Unit 6.33 Additional Units (each) 3.80 Condominiums-Class I (having more than one bedroom per unit) First Unit 6.33 Additional Units (each) 4.64 Condominiums-Class II (having one bedroom or less per unit) First Unit 6.33 Additional Units (each) 3.80 Motels & Trailer Parks and all similar uses: First Unit or Space 6.33 Additional Units or Spaces 2.95 Dormitories 125% of water bill Public Buildings 10.55 Churches 6.33 Commercial & Industrial & Schools 125% of water bill Port Authority 156% of water bill MICROFILMED 3-14-80 ORDINANCE NO. 17-79 AN ORDINANCE AMENDING ORDINANCE NO. 6-66, AS AMENDED, RELATING TO SANITARY SEWER SERVICE BY DELETING THE CHARGE FOR ADDITIONAL BATHS IN SINGLE FAMILY RESIDENTIAL CLASSIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, as follows: SECTION I. Section of Ordinance No. 6-66, as amended, pertaining to Customer Classification is hereby amended so as to delete: "Single Family and all similar family uses: Single bath $6.33 Additional baths .85" and add the following classification: "Single Family and all similar single family uses: $6.33" SECTION 2. This Ordinance shall become effective immediately upon adoption. ADOPTED by the City Council of the City of Cape Canaveral, this 2nd day of October, 1979. [signature] Mayor Attest: [signature & seal] City Clerk Approved as to form: [signature] City Attorney NAME YES NO BOYD YES CALVERT YES LEE YES MURPHY YES RUTHERFORD YES First Reading: 9-18-90 Posted: 9-19-90 Advertised: 9-24-79 Second Reading: 10-2-79 cross the private property of another to make any sewer con- nection. However, if an inability to cross the private property of another is a subterfuge or connivance caused by conveyance subsequent to this Ordinance, such grantor shall not be exempt from the provisions of this Ordinance. SECTION 17. PENALTIES: Any person, firm. or corpora- tion violating any of the provisions of this Ordinance shall, upon conviction thereof, for each such offense, be subject to a fine 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 after notification to do so, as hereinabove provided, or any failure or refusal to pay the charges or rates herein- above provided, shall be construed to be a violation of this Ordinance. Each day such Violation continues shall be con- sidered a separate offense and subject to the penalties prescribed herein. 6. 1981 Codification Ord # 6-66 15 Feb 66 Chapter 671 671 Ord 6-66B ORDINANCE NO. 6-66-B AN ORDINANCE AMENDING ORDINANCE NO. 6-66 BY PRESCRIBING LIMITATIONS OF SEWER DEPOSIT REQUIRED OF COMMERCIAL ACCOUNTS; PROVIDING AN EFFECTIVE DATE. BY IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL AS FOLLOWS: SECTION 1. The third sentence contained in Section 12 of Ordinance 6-66 which begins on line 13 of said Section 12 with the words "In those instances where the owner has his own private water supply" and ends with the words "to cover a three month service period" appearing on line 18 of said Section 12, is amended by striking the period following the words "to cover a three month service period" and inserting in lieu there- There- ok code in of "providing, however, that no such deposit shall exceed One Hundered Dollars ($100)." SECTION 2. This Ordinance shall become effective immed- iately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral on this the 10th day of September, 1963. [signature] Mayor ATTEST: [signature] City Clerk APPROVED AS TO FORM: [no signature] City Attorney [faded text] RESOLUTION NO. 87-26 A RESOLUTION ESTABLISHING A NEW SCHEDULE OF RATES FOR GARBAGE AND TRASH COLLECTION WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, there is an agreement between the City of Cape Canaveral, Florida and Western Waste Industries, Inc. , dated February 19 , 1985, which provides for reconsideration of the schedule of charges based upon the adjustments and any change in Consumer Price Index to a maximum of ten percent ( 10% ) ; and WHEREAS, the Consumer Price Index for the previous year has changed; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The rate schedule as set out in Resolution 86-31 is hereby recinded, and the following rate schedule is established: a. Single family, duplex and triplexes $ 6.56 per unit per month b. Mobile home units and Individual $ 4.44 per unit apartments or condominium per month c. Individual commercial business $ 7.99 per unit accounts with trash cans per month d. Commercial dumpsters used by $19 . 88 per con- commercial business, apartment tainerized complexes and condominiums yard per month e. Special collection services in $ 2.84 per con- addition to the normally provided tainer yard twice weekly service for commercial per pick-up dumpsters as provided in paragraph "d" above. SECTION 2. A seventy cent ( .70) processing charge will be added for each bill each month to cover the costs of handling and mailing the bills by the City of Cape Canaveral. SECTION 3 . This Resolution shall become effective commencing with the June 1, 1987 billing, which covers May services. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 21st day of April , 1987. [signature] Mayor ATTEST: [signature] City Clerk Approved as to Form: [signature] City Attorney NAME YES NO HOOG YES KIDD Absent LEE YES MARCHETTI YES MURPHY YES