HomeMy WebLinkAboutOrdinance No. 31-1993ORDINANCE NO. 31 -93
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, REPEALING AND RE-
ENACTING SECTION 535.02 OF THE CITY CODE OF
ORDINANCES BY CLARIFYING THE TIME AT WHICH
SEWER IMPACT ASSESSMENT AMOUNT IS TO BE
DETERMINED; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES
AND RESOLUTIONS; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. Section 535.02 of the City Code of Ordinances is
repealed and re- enacted as follows:
Sec. 535.02 Payment of Assessments. The
assessments as set forth herein shall be payable prior to
the issuance of a sewer permit, except as provided in
Subsections A. and /or B. below. Except as provided in
Section 671.09, a building permit shall not be issued
unless a sewer permit has been first obtained. The
amount of the assessment shall be determined in
accordance with the rates established in Section 535.01
in effect at the time a sewer permit is issued by the
City. A sewer permit shall not be issued until a City
sewer main line is placed within one hundred fifty (150)
feet of the applicant's property. In the event the
assessment should not be collected prior to connection to
the City sewer system and said assessment is not paid by
the thirtieth day following that for which a billing has
been rendered, then an amount equal to five percent (5 %)
of such assessment due shall be added thereto as a late
charge. Upon failure of any user to pay for said
assessment 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 assessments and charges due. In addition, and
as an alternative means of collecting such assessment,
late charges and penalties, the City shall have a lien on
such lot or parcel of land for which the sewer connection
has been made, for which such lien shall be of 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.
A. For those Establishments which the City
determines generate more than 10,000 gallons per day of
wastewater into the system, the City shall calculate the
Impact Fee based on the quantity of discharge actually
introduced into the sewer collection system. At the
City's option, a flow meter to monitor the quantity of
discharge shall be installed at the user's expense. The
following method shall be used to determine the impact
fee:
1. An impact fee deposit of $12,700 shall be paid
by the user.
2. The total volume of effluent in gallons shall
be recorded for the initial period of six (6)
consecutive months following installation of
the aforesaid sewer line; and
City of Cape Canaveral, Florida
Ordinance No. 31 -93
Page 2
3. The six months total volume shall be divided
by the number of days in said six month period
to compute a daily average discharge through
the sewer line; and
4. The daily average discharge in gallons shall
be divided by four hundred (400) to establish
the number of units to be assessed at the cost
of $2,032.00 per unit (example: if the average
daily discharge is 800 gallons, the sewer
impact assessment shall be $4,064.00).
5. In the event the sewer impact assessment for
the first six (6) months as calculated above
exceeds the $12,700 initial deposit made, the
user shall pay the difference within fifteen
days after written notification to user of the
required adjustment. However, in the event
the assessment as calculated above does not
exceed the initial deposit, the City of Cape
Canaveral agrees to reimburse the difference
to the user no later than thirty days after
the first six month monitoring period.
6. For each succeeding six month period the
volume of effluent outflow shall be measured.
To the extent that average daily effluent
outflow in any subsequent six month period
exceeds that of the initial six month period,
an additional impact fee for the excess shall
be levied as calculated and as provided for in
Paragraph 3. and 4. above. Any additional fee
so calculated shall be paid to the City within
fifteen days of written notification to user.
7. For the initial six month period only, if the
average daily effluent outflow is less than
initially projected, the City shall refund the
unused portion of the impact fee as set forth
above. For subsequent six month monitoring
periods, there shall be no refunds of impact
fees, regardless of effluent outflow volumes.
B. Sewer Impact Fees imposed by the City may, by
approval of the City Council, be collected over a period
of not more than one (1) year, provided that twenty -five
percent (25 %) of the fee is paid as a deposit, with the
remainder of the Fee to be financed. The user shall
execute and deliver a promissory note in favor of the
City of Cape Canaveral to evidence said debt. This note
shall bear interest at a variable rate of three percent
(3 %) per annum simple interest in excess of the base
rate. The base rate is the prime rate in effect at the
Barnett Bank of Jacksonville, N.A. The variable rate of
interest on this note will be adjusted quarterly on the
payment date as the base rate changes, provided, however,
that in no event shall the rate of interest exceed the
maximum allowed by law. Upon signature of promissory
note, a temporary certificate of occupancy for
construction will be issued.
At the end of one (1) year, or at the time the
impact fee is paid in full, whichever occurs first, the
Owner will be issued the permanent certificate of
occupancy for the structure.
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
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City of Cape Canaveral, Florida
Ordinance No. 31 -93
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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 hereby repealed.
SECTION 4. This Ordinance shall take effect immediately upon
its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 21st day of
September
1993.
Salamone, MAYOR
First Reading 9 -7 -93
Posted: 9 -8 -93
Advertised: 9 -10 -93
Second Reading 9 -21 -93
NAME
RANDELS
Absent