HomeMy WebLinkAboutOrdinance No. 07-95•
ORDINANCE NO. 07 -95
AN 0 ' 1 INANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
CO , FLORIDA, AMENDING CHAPTER 78, UTILITIES, OF THE
CITY Oi CAPE CANAVERAL CODE OF ORDINANCES BY ADOPTING
A NEW ARTICLE "IV ", RECLAIMED WATER; PROVIDING POLICIES
AND GULATIONS FOR INSTALLATION AND USE OF 1'H.E
RECL 1 1 1 WATER SYSTEM; ESTABLISHING RATES AND
CHAR ES; PROVIDING FOR INSPECTIONS; PROHIBITING
TAMPERING OR UNAUTHORIZED WORK ON THE SYSTEM;
PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL FLORIDA, as follows:
SECTI N 1. That the Code of Ordinances, City of Cape Canaveral, Florida, is hereby
amended by adding an Article to be numbered as follows: Article IV of Chapter 78, Reclaimed
Water, which said article shall read as follows:
ARTICLE IV
RECLAIMED WATER
Division 1. Generally.
Sec. 78 -i 55. Connection to the System.
(1) When available, the owner of every lot or parcel of land within the City Reuse
Service Area developed for public, commercial, office, industrial, warehousing
and /or residential use(s) may; following payment of any /all appropriate fees,
connect or cause to be connected with the reclaimed water system. i (2) connections shall be made in accordance with policies and regulations adopted
b the Council. This provision shall not be construed to entitle any person to
c oss the property of another to make such connections.
(3) For purposes of this Article, the term "available" shall mean contiguous to or
within 100 feet of any property line.
Sec. 78 -156. Reclaimed Water Uses.
(1) Reclaimed water distributed by the City of Cape Canaveral within the City Reuse
i Service Area is intended solely for the irrigation of plants.
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Ordinance No. 07 -95
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(2) Iii the event commercial establishments propose to use reclaimed water for
p ses other than plant irrigation, any proposed use(s) shall be evaluated by the
City Manager or his /her designee and approved or disapproved based on this
evaluation. In no case will the City approve any use that may conflict with
policies and regulations of the State of Florida or the U.S. Environmental
Pbrotection Agency.
Sec. 78 -157. Reserved.
Sec. 78 -158.
Irrigation Usage Rates.
Rates fo irrigation water service shall be promulgated, collected and enforced as a
compon nt of the City of Cape Canaveral Rate Resolution.
Sec. 78 -159. Reserved.
Installation and Inspection of the Reclaimed Water System.
Sec. 78 -160. Policies and Regulations Adopted; Compliance Required.
The City adopts by reference the "Cape Canaveral Reclaimed Water System Policies and
Regulations Manual" dated February 1995. Compliance with the policies and regulations
is hereb required.
Division 2.
Sec. 7; -161. Inspections.
(1) Duly 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 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.
(2) Oonsent to such access shall be obtained from a person of suitable age and
discretion therein or in control thereof. The refusal of access; when requested,
shall be considered evidence of the presence of violation of the policies and
i gulations adopted herein.
(3)
I spections shall be at reasonable times and with reasonable frequency. Where
ere exists cause to believe that a violation is committed, the City may cause the
roperty to be inspected as necessary to prevent or terminate the occurrence of
sluch violation(s).
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City of Cape Canaveral
Ordinance No. 07 -95
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Sec. 78- i 62. Discontinuance of Service.
The City Manager or his designee is hereby authorized and directed to discontinue
reclaimed water service to any property, after notice, where any violation of this Article
exists, and to take such other precautionary measures deemed necessary to eliminate any
danger of contamination of the public potable water supply. Reclaimed water service to
such property shall not be restored until the violation has been eliminated in compliance
with the provisions of this Article.
Sec. 78 -163. Unlawful Connections or Practices.
(1) o person shall be authorized to work on the reclaimed water distribution system
'thout prior written consent of the City, and then only under the direction and
s pervision of the City. No person shall tamper with, alter, damage, cut into or
ake connection with, the reclaimed water system or any component thereof.
(2) IYIo 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.
(3) Any person found violating this Article shall be subject to the procedures and /or
nalties provided in Section 78 -164.
Sec. 78 164. Code Enforcement Board Authority and Violation Liability.
(1)
e Cape Canaveral Code Enforcement Board shall have jurisdiction and
authority to hear and decide alleged violations occurring in the corporate limits
of the City of Cape Canaveral and when warranted levy penalties. Proceedings
before the Code Enforcement Board shall be governed by its rules and
procedures.
(2) Any person or customer found guilty of violating any of the provisions of this
klicle or any written order of the City pursuant thereto, shall pay all penalties,
sts and expenses involved in the case, including attorney's fees. Notice of such
'olation 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.
Any person or customer in violation of any provision of this Article shall become
able to the City for any expense, loss or damage incurred by the City by reason
f such violation, including attorney's fees and costs of correcting the
nauthorized work, tampering or damage to the system.
(3)
(4) In addition to any penalty provided by law for the violation of any provision of
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Ordinance No. 07 -95
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this Article, the City may bring suit in the appropriate court to enjoin, restrain,
or otherwise prevent the violation.
Sec. 78 -165. Public Employees Liability.
No provision of this Article designating the duties of any City officer or employee shall
be construed to make such officer or employee liable for any fine or penalty for failure
to perform such duty.
Sec. 78 -166. Areas Embraced.
All territory within the City of Cape Canaveral and the City Reuse Service Area shall
be governed by this division to the extent permitted by law.
SECTION 2. Severability. If any section, paragraph, phrase, or word of this Ordinance
is held to be unconstitutional or invalid, such portion shall not affect the remaining portions
hereof and it shall be construed to have been a legislative intent to pass this Ordinance without
such unconstitutional or invalid part.
SECTION 3. Conflicting Provisions. Any ordinance, or parts of an ordinance, in
conflict herewith are repealed.
SECTION 4. Effective Date. This ordinance shall take effect immediately upon its
adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 21stday
ohn K. Porter, MAYOR
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