HomeMy WebLinkAboutOrdinance No. 07-2004 ORDINANCE NO. 07-2004
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 78 OF THE CODE OF
ORDINANCES, UTILITIES; PROVIDING FOR THE
MANDATORY CONNECTION TO THE CITY'S SEWER
SYSTEM WHERE AVAILABLE; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION INTO
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Council is engaged in a comprehensive review of the City Code of
Ordinances; and
WHEREAS, the City Council desires to amend Chapter 78 of the City Code; and
Y p Y
WHEREAS, Section 381.00655, Florida Statutes, requires property owners utilizing a
properly functioning onsite sewage treatment and disposal system to connect the system or the
building's plumbing to an available publicly owned or investor -owned sewerage system; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 78 of the Code of Ordinances, City of Cape Canaveral,
Florida, is hereby amended as follows (underlined type indicates additions and strikeout type
indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing
in Chapter 78. It is intended that the text in Chapter 78 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance):
City of Cape Canaveral
COof Ordinance No. 07 -2004
Page 1 of 4
Chapter 78 - UTILITIES
ARTICLE II. SANITARY SEWER SYSTEM
DIVISION 1. GENERALLY
Sec. 78 -27. Connection with sewer -- Required.
The owner of each lot or parcel of land within the city upon which lot or parcel of land any building
or trailer used as a dwelling is 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 and use such facilities within 60 365 days following notification
to do so 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, which rules and regulations shall
provide for an inspection fee for inspecting such connections in an amount as set forth in appendix
B to this Code.
* * *
Sec. 78 -31. 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 building official Public Works Director,
who will inspect the old exterior plumbing and notify the owner or plumber if alterations will be
necessary to place the old exterior plumbing in an acceptable condition for such connection.
* **
Sec. 78 -34. Septic tanks.
Except as provided in this section, no new septic tanks shall be permitted to be installed in the city
after April 3, 1990. If a sewer main line of the city is not located within 150 feet of a parcel of
property, the owner of the property may install a septic tank to service structures to be built upon the
property until a sewer main line is installed within 150 feet of the property. Requests to install septic
tanks shall be decided on a case -by -case basis. Installation of septic tanks shall be approved by the
city only to relieve a hardship and shall not constitute a change of the city's comprehensive plan.
Whenever a sewer main line is installed within 150 feet of a property serviced by septic tank, the
owner of such property shall be required to discontinue use of the septic tanks and shall connect to
City of Cape Canaveral
(Di Ordinance No. 07 -2004
Page 2 of 4
i
I
`s
the city sewer system within 60 365 days following notification to do so by the city. The city shall
Coq notify the owner of the property of the availability of the city sewer system. No less than 1 year prior
to the date the city sewer system will become available, the city shall notify the affected owner of
the anticipated availability of the city sewer system and shall also notify the owner that the owner I
will be required to connect to the city sewer system within 1 year of the actual availability.
i
f
Sec. 78 -35. Maintenance of plumbing system.
4
The owner of the property shall be responsible for maintaining and keeping clean the sewer pipes
t
leading and connecting from the plumbing system to the city main. However, maintenance of s;
structural integrity of laterals shall be the City's responsibility up to the property line. s
i
* * *
i • •
.5 • • • • • . • • 115
• • • • • • • • • • •• • t • • • P
- •
a • t • • V •• • • • • t, • - • • • • • • • •
5
4 •
•
C ii Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent t
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions 1.
in conflict herewith, are hereby repealed to the extent of the conflict.
:
t
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing.
1
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision g
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
t t
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed F
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
i
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida. J
City of Cape Canaveral i r
rill, Ordinance No. 07 -2004
Page 3 of 4 t
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 20th day of
April, 2004. , _ ROCKY RANDDLS, Mayor CZA-~02-C12,—
ATTEST- A For Against
Bob Hoog Second
• Jim Morgan Motion
_I 0 Rocky Randels X
Si , • N STILLS City Clerk Richard Treverton X
„�' Steve Miller X
First Reading: April 6, 2004
Legal Ad published: April 10, 2004
Second Reading: April 20, 2004
Approved as to legal form and sufficiency for
the Ci of ape Canaveral only:
ANTHON A. GARGANESE, City Attorney
c
y € g
Q
City of Cape Canaveral
Ordinance No. 07 -2004
4 11110 Page 4 of 4