HomeMy WebLinkAboutOrdinance No. 11-2004 ORDINANCE NO. 11 -2004
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, PROVIDING TECHNICAL AMENDMENTS TO
CHAPTER 78 OF THE CODE OF ORDINANCES, UTILITIES;
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, as a result of the code review process, the City Council desires to amend
Chapter 78 of the City Code; 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
C ri 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):
Chapter 78 - UTILITIES
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City of Cape Canaveral
Ordinance No. 11 -2004
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Sec. 78 -131. Offsite sewage pumping.
For purposes of this section the term "offsite sewerage" shall mean any off -site sewerage system not
directly connected to the City's sanitary sewerage system including, but not limited to, cruiseships,
portable sewer containers, and septic disposal trucks.
Offsite sewage pumping will be permitted according to the following:
(1) The person requesting the pumping shall contact the public works department and formally
request in writing permission to pump offsite sewage into the city's sewer system.
(2) The city shall, by and through one of its employees, review the application and if
preliminarily approved shall physically accompany the person or his representative making the
application to the site where the sewage is to be introduced into the city sewer system.'
(3) The city, at the expense of the applicant, will test the sewage material that is to be pumped
into the city sewer system for compliance with all applicable state department of environmental
protection and Environmental Protection Agency requirements and shall reject the application if
sewage does not meet the state, federal and local permit requirements for sewage to be introduced
in city sewer system.
(4) A representative of the city will monitor until its completion the pumping of sewage into the
sewer system by the requesting person.
(5) The fee for this pumpage shall be as set forth in appendix B to this Code. This fee shall be
in addition to any and all tests of the sewage material by the city employees. The person shall be
invoiced by the city for this service.
(6) There shall be no hazardous waste as identified by state, federal and city guidelines at any
time introduced into the city sewer system.
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Sec. 78 -153. Payment of utility charges required.
(a) Bills for the monthly utility charges and fees shall be submitted and shall be payable within
30 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 cutoff. If such monthly bill is not paid in
full by the 30th day following that for which a billing has been rendered, an amount equal to ten
City of Cape Canaveral
Ce Ordinance No. 11 -2004
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percent of such bill due shall be added as a late charge. Upon failure of any user to pay within 60
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, before such service shall be restored the user thereof shall pay a reinstatement fee in the
amount as set forth in appendix B to this Code, in addition to any other charges, late charges or
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penalties due. The city shall also have a lien on any parcel or property affected by any unpaid balance t
accrued under ofarticle II of this 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. If any such service
shall not be paid as and when due and shall be in default for 30 days or more, the unpaid balance
thereof and all interest accrued thereon, together with reasonable 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.
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Sec. 78 -191. Policies and regulations adopted; compliance required. ,
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The city shall adopt a reclaimed water system policies and regulation manual from time to times by F .
February -1995- Compliance with said manual is hereby required.
Sec. 78 -192. Inspections.
(a) As authorized by law and as a condition of receiving reclaimed water service, Dduly
authorized employees of the city bearing proper identification shall be permitted to enter any
building, structure or property served by a connection to the reclaimed water system of the city for
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City of Cape Canaveral
(1111,- Ordinance No 11 -2004
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the purpose of inspecting the piping system or systems, backflow preventer, valves and/or all other
devices installed by the customer which connect to or control the reclaimed water system or use of
reclaimed water on such property.
(b) Consent to such access shall be obtained voluntarily from a person of suitable age and
discretion therein or in control thereof or by inspection warrant. The refusal of voluntary access;
when requested, shall be considered evidence of the presence of violation of the policies and
regulations adopted herein.
(c) Inspections shall be at reasonable times and with reasonable frequency. Where there exists
cause to believe that a violation is committed, the city may cause the property to be inspected as
necessary to prevent or terminate the occurrence of such violation(s) as authorized by law.
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Sec. 78 -194. Unlawful connections or practices.
(a) No person shall be authorized to work on the reclaimed water distribution system without
prior written consent of the city, and then only under the direction and supervision of the city. No
person shall tamper with, alter, damage, cut into or make connection with, the reclaimed water
system or any component thereof
(b) No person shall manipulate valves, hydrants or blow -offs of the reclaimed water distribution
system or cause water to flow from the system without prior written consent from the city.
(c) Any person found violating this article shall be subject to the procedures and/or penalties
provided ' - .by law,
Sec. 78 -195. Code enforcement board authority and violation liability.
(a) The city code enforcement board shall have jurisdiction and authority to hear and decide
alleged violations occurring in the corporate limits of the city and when warranted levy penalties.
Proceedings before the code enforcement board shall be governed by its rules and procedures.
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(b) Any person or customer found guilty of violating any of the provisions of this article or any
written order of the city pursuant thereto, shall pay all penalties, costs and expenses involved in the {'
case, including reasonable attorney's fees. Notice of such violation shall be given by delivering the
same to the premises and a copy thereof sent by certified mail to the billing address. Each day upon
which a violation of this article occurs shall constitute a separate and additional violation.
(c) Any person or customer in violation of any provision of this article shall become liable to the
city for any expense, loss or damage incurred by the city by reason of such violation, including
City of Cape Canaveral
Ordinance No 11 -2004
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reasonable attorney's fees and costs of correcting the unauthorized work, tampering or damage to the t
system. 4
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(d) In addition to any penalty provided by law for the violation of any provision of this article,
the city may bring suit in the appropriate court to enjoin, restrain or otherwise prevent the violation.
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Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
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. ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict. t
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Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape f'
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.
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Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
t of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed r
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
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Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption t
C oe by the City Council of the City of Cape Canaveral, Florida. t
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 15th of
(... -_—_ June, 2404.• �
OGr trks. i
ROCKY RAN LS, Mayor
ATTEST: ;:.,
For Against t
Bob Hoog Motion i
Steve Miller Second r
Jim Morgan _X
SUS N STILLS, City Clerk Rocky Randels X
Richard Treverton X
First Reading: June 1, 2004
Legal Ad published: June 5, 2004
Second Reading: June 15, 2004
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Approv::: to legal form and sufficiency for
the y o I ape Canaveral only:
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ANTHON V IA. GARGANESE, City Attorney
Ifille City of Cape Canaveral
Ordinance No. 11 -2004
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