Section

Section

Section

Section

Section

Section

Section

Section

Section

(a)

The following rules shall be observed, unless the construction would be inconsistent with the manifest intent of the City Council.

ACT or THE ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq.

APPROVAL AUTHORITY. The Director in an NPDES state with an approved state pretreatment program and the Administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER. An authorized representative of an industrial user may be:

a.

A principal executive officer of at least the level of vice-president, if the industrial user is a corporation;

b.

A general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively;

c.

A duly authorized representative of the individual designated above if the representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C, expressed in milligrams per liter.

BUILDING DRAIN. That part of the piping of a building which collects wastewater inside the walls of the building and conveys it to outside the building wall.

BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal, also called HOUSE CONNECTION.

CATEGORICAL STANDARDS. National Categorical Pretreatment Standards or Pretreatment Standard.

CHEMICAL OXYGEN DEMAND (COD). A measure of oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant.

CIAC Fee Rate. The most recently approved City Council Resolution that establishes the UEP rates.

(Ord. 108-22, § 2, 1-11-2023)

CITY. The City of Cape Coral, Lee County, Florida.

CITY COUNCIL. The duly elected officials of the City of Cape Coral.

CITY MANAGER. The person designated by the City Council to administer all city activities.

COLLECTION COSTS. The estimated costs to be incurred by the City annually in connection with the implementation, administration, collection, and enforcement of the Assessments or fees, including, without limiting the generality of the foregoing, any service charges of the Tax Collector or Property Appraiser pursuant to the Uniform Assessment Collection Act or other general law, publication, mailing and administration expenses incurred by the City, and amounts necessary to off-set any applicable statutory discounts for the early payment of ad valorem taxes and non-ad valorem assessments.

(Ord. 108-22, § 2, 1-11-2023)

CONSUMER. Any person, firm, association, corporation, nonprofit corporation, agency or similar organization supplied with water service and/or sewer service by the city.

CONTROL AUTHORITY. The "Approval Authority," defined hereinabove, or the City Manager if the city has an approved pretreatment program under the provisions of 40 C.F.R. § 403.11.

COOLING WATER. The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

CUSTOMER'S INSTALLATION. All pipes, shutoffs, valves, fixtures and appliances or apparatus of every kind and nature used in connection with or forming a part of an installation for utilizing water/sewer service for any purpose, ordinarily located on the customer's side of "point of delivery", whether the installation is owned by the customer, or used by the customer under lease or otherwise.

CUSTOMER. Every person who is responsible for contracting (expressly or implicitly) with the city in obtaining water/sewer service, having or using sewer connections with, or sewer taps to, the sewer system of the city and in obtaining, having or using water and other related services furnished by the city for the purpose of disposing of wastewater through the system. The terms shall include the occupants of each unit of a multiple-family dwelling unit building as a separate and distinct customer.

(Ord. 63-89, 10-10-1989)

DIRECT DISCHARGE. The discharge of treated or untreated wastewater directly to the waters of the State of Florida.

EASEMENT. An acquired legal right for the specific use of land owned by others.

ENVIRONMENTAL PROTECTION AGENCY or EPA. The U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of the agency.

EQUIVALENT PARCELS (EP). CIAC fee rates shall be the rates as stated within the City Council approved resolution establishing the most current UEP rates. The same unit of measure in UEP shall be used in the CIAC calculation.

(Ord. 108-22, § 2, 1-11-2023)

FLOATABLE OIL. Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. All wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.

FLUSH TOILET. The common sanitary flush commode in general use for the disposal of human excrement.

GARBAGE. The animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.

GRAB SAMPLE. A sample which is taken from a waste stream on a one time basis with no regard to the flow in the waste stream and without consideration of time.

HEALTH OFFICER. The Lee County Environmental Health Director.

HOLDING TANK WASTE. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.

INDIRECT DISCHARGE. The discharge or the introduction of non-domestic pollutants from any source regulated under § 307(b) or (c) of the Act, (33 U.S.C. § 1317), into the POTW (including holding tank waste discharged into the system).

INDUSTRIAL USER. A source of indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to § 402, of the Act (33 U.S.C. § 1342).

INDUSTRIAL WASTE SURCHARGE. The charge made in excess of the sewer service charge for all wastewater over and above normal wastewater.

INDUSTRIAL WASTES. The wastewater from industrial processes as distinct from domestic or sanitary wastes.

INFILTRATION/INFLOW. Groundwater and surface water which leaks into the sewers through cracked pipes, joints, manholes or other openings.

INTERFERENCE. The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the city's NPDES permit. The term includes prevention of wastewater sludge use or disposal by the POTW in accordance with § 405 of the Act, (33 U.S.C. § 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), The Clean Air Act, the Toxic Substances Control Act or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.

(Ord. 63-89, 10-10-1989)

MAIN. A pipe, conduit or other facility installed to convey water service to individual service lines or to other mains, or in the case of sewer lines, to convey sewer service from individual service lines to other mains.

NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users.

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT. A permit issued pursuant to § 402 of the Act (33 U.S.C. § 1342).

NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD. Any regulation developed under the authority of § 307(b) of the Act and 40 C.F.R. § 403.5.

NATURAL OUTLET. Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body or surface of groundwater.

NEW SOURCE. Any source, the construction of which is commenced after the publication of proposed regulations prescribing a § 307(c) (33 U.S.C. § 1317) Categorical Pretreatment Standard which will be applicable to the source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, a NEW SOURCE means any source, the construction of which is commenced after the date of promulgation of the standard.

NORMAL WASTEWATER. Wastewater discharged into the sanitary sewers in which the average concentration of total suspended solids and BOD is not more than 250 mg/l, total phosphorus is not more than 15 mg/l, total Kjeldahl nitrogen is not more than 30 mg/l; and total flow is not more than 25,000 gallons per day.

POTW TREATMENT PLANT. That portion of the POTW designed to provide treatment to wastewater.

PERSON. Any individual, partnership, co-partnership, firm, company, governmental entity or any other legal entity or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.

PH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

PIT PRIVY. Shored, vertical pit in the earth completely covered with a flytight slab on which is securely located a flytight riser covered with hinged flytight seat and lid.

POINT OF DELIVERY, WATER. The point where the city's pipes or meters are connected with pipes of the customer.

POINT OF DELIVERY, SEWER. The point where the city's pipes are connected with the pipes of the customer. In the case of single-family lots, the point is usually located at the lot line.

POLLUTANT. Any dredged spoil, solid waste, incinerator residue, wastewater, garbage, wastewater sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharge into water.

(Ord. 63-89, 10-10-1989)

POLLUTION. The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.

PRETREATMENT and TREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutants, or the alteration of the nature of pollutant properties in wastewa-ter to a less harmful state prior to or in lieu of discharging or otherwise introducing the pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or by process changes or other means, except as prohibited by 40 C.F.R. § 403.6(d).

PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than ½ inch in any dimension.

PUBLIC SEWER. A common sewer controlled by a governmental agency or public utility.

PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works, as defined by § 212 of the Act, (33 U.S.C. § 1292) which is owned in this instance by the city. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city's POTW.

RATE SCHEDULE. Rates or charges for the particular classification of service.

SANITARY SEWER. A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of ground, storm and surface waters that are not admitted intentionally.

SEPTIC TANK. A subsurface impervious tank designed to temporarily retain wastewater or similar waterborne wastes together with:

a.

A sewer line constructed with solid pipe, with the joints sealed, connecting the impervious tank with a plumbing stub out; and

b.

A subsurface system of trenches, piping and other materials constructed to drain the clarified discharge from the tank and distribute it underground to be absorbed or filtered.

SERVICE LINES. The pipes of the city which are connected from the mains to "point of delivery".

SERVICE. Service, as mentioned in this chapter, and in agreement with customers, shall be construed to include, in addition to all water service/sewer service required by the customer, the readiness and ability on the part of the city to furnish the service to the customer.

SEWER. A pipe or conduit that carries wastewater.

SHALL. Mandatory; MAY is permissive.

SIGNIFICANT INDUSTRIAL USER. Any industrial user of the city's wastewater disposal system who:

a.

Has a discharge flow of 25,000 gallons or more per average work day;

b.

Has a flow greater than five percent of the flow in the city's wastewater treatment system;

c.

Has in his or her wastes toxic pollutants, as defined pursuant to § 307 of the Act of Florida Statutes and rules; or

d.

Is found by the city, (state control agency) or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system.

SLUG. Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24 hour concentrations of flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater facilities.

STANDARD INDUSTRIAL CLASSIFICATION (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

STATE. State of Florida.

STORM DRAIN. Sometimes termed STORM SEWER, it shall mean a drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.

STORMWATER. Any flow occurring during or following any form of natural precipitation and resulting therefrom.

SUSPENDED SOLIDS. Total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater and referred to as nonfilterable residue.

TOXIC POLLUTANT. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency (EPA) under the provision of CWA § 307(1) or other Acts.

UNPOLLUTED WATER. Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.

USER. Any person who contributes, causes or permits the contribution of wastewater into city POTW.

UTILITIES DEPARTMENT. That department of city government responsible for the operation of the water and sewer utility systems.

WASTEWATER FACILITIES. The structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.

WASTEWATER. The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water carried wastes from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water and stormwater that may be present.

WATERCOURSE. A natural or artificial channel for the passage of water either continuously or intermittently.

WATERS OF THE STATE. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion.

(Ord. 23-75, § 1(1.1-1.11), 5-5-1975; Ord. 63-89, 10-10-1989; Ord. 49-96, 9-24-1996)

(b)

The following abbreviations shall have the designated meanings:

BOD. Biochemical oxygen demand.

C.F.R. Code of Federal Regulations.

COD. Chemical oxygen demand.

CIAC. Contributions in aid of construction.

EPA. Environmental Protection Agency.

FDEP. Florida Department of Environmental Protection.

l. Liter.

mg. Milligrams.

mg/l. Milligrams per liter.

NPDES. National Pollutant Discharge Elimination System.

POTW. Publicly owned treatment works.

SIC. Standard industrial classification.

SWDA. Solid Waste Disposal Act, 42 U.S.C. §§ 6901 et seq.

TSS. Total suspended solids.

U.S.C. United States Code.

(Ord. 97-86, § 1, 1-26-1987; Ord. 49-96, 9-24-1996; Ord. 52-97, 8-15-1997; Ord. 44-11, 8-22-2011)

(a)

Any dispute between the Utilities Director and the customer or prospective customer regarding the meaning or application of any provision of these rules and regulations shall, upon written request by either party, be resolved by the Council.

(Ord. 49-96, 9-24-1996)

(b)

These rules and regulations, insofar as they are inconsistent with any statute or law, shall be null and void. These rules and regulations are a part of the rate schedules, applications and contracts of the city, and in the absence of specific written agreement to the contrary, they apply without modifications or change to each and every customer to whom the city renders water/sewer service.

(c)

In the event that a portion of these rules and regulations is declared unconstitutional or void, for any reason, by any court of competent jurisdiction, the decision shall, in no way, affect the validity of the remaining portions of the rules and regulations for water service/sewer service, unless the court order or decision shall so direct.

(Ord. 23-75, § 2(2.2, 2.2), 5-5-1975)

(a)

Nonuse of individual sewage disposal system. Where an existing, adequate sanitary sewer of a sewage system is available in a public right-of-way or easement abutting the property, 200 linear feet of a gravity flow line from the nearest point of the property, sewage waste shall be connected thereto, and any individual sewage disposal system, device or equipment shall be abandoned.

(b)

Nonuse of well for potable drinking water purposes. Where an existing, adequate municipal potable water system is available in a public right-of-way or easement abutting the property, or within 200 feet of the property being served by a well system, connections shall be made so that the well shall no longer be used for human consumption.

(c)

Nonuse of well for irrigation purposes. Where a reclaimed water pipeline is available in a public right-of-way or easement abutting the property, or within 200 feet of the property being served by a well system, connection and use of reclaimed water shall be mandatory in areas impacted by the overuse of the Mid-Hawthorn Aquifer from private ground-water wells.

(d)

Effect. Sewer, reclaimed water and potable water charges shall be in effect upon connection or beginning 180 days from notification of the availability of sewer, reclaimed water and potable water service, whichever is less.

(e)

Time limitation for making connection. Whenever an approved sanitary sewer system is made available, whenever an accepted municipal potable water facility is made available, or whenever a reclaimed water system is made available in areas impacted by overuse of the Mid-Hawthorn Aquifer to a residence or a building, connection to the available system shall be made within 180 days from the date of notice sent to the owner of record.

(f)

Penalty. Any person failing to connect to approved utilities within the 180-day period, shall be guilty of an ordinance violation for each day in excess of 180 days and be subject to a penalty.

(Ord. 36-77, §§ 1-4, 5-16-1977; Ord. 47-82, § 1, 7-12-1982; Ord. 97-86, § 1, 1-26-1987; Ord. 49-96, 9-24-1996; Ord. 19-03, 2-24-2003; Ord. 45-04, 4-26-2004; Ord. 44-11, 8-22-2011; Ord. 34-16, § 1, 11-7-2016; Ord. No. 7-25, § 2, 3-5-2025)

(a)

All premises shall be provided, by the owner thereof, with at least one toilet. All toilets shall be kept clean and in a sanitary working condition.

(b)

No person shall dispose of human excrement except in a toilet.

(c)

It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.

(d)

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater.

(e)

The owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within the city jurisdiction and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, is hereby required, at the owner's expense, to install suitable toilet facilities therein.

(f)

All sinks, dishwashing machines, lavatories, basins, shower baths, bathtubs, laundry tubs, washing machines and similar plumbing fixtures or appliances shall be connected to the public sewer; provided, that where no sewer is available, septic tanks other private subsurface disposal facilities, approved by the Lee County Division of Health and Rehabilitative Services.

(Ord. 97-86, § 1, 1-26-1987; Ord. 63-89, 10-10-1989)

(a)

Where a public sanitary sewer is not available under the provisions of this chapter, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this chapter. No person shall construct a septic tank or other wastewater disposal facility without prior approval from the city. The availability of sewer is defined in § 19-2.5 of this chapter.

(b)

Septic tanks shall be constructed, repaired, altered, enlarged and maintained in accordance with plans and specifications approved by the Lee County Health Department.

(c)

No person shall construct, repair, alter or enlarge any septic tank unless he or she receives a valid permit for the work issued by the Lee County Division of Health and Rehabilitative Services.

(Ord. 63-89, 10-10-1989)

(d)

The type, capacities, location and layout of a private wastewater disposal system shall comply with all regulations of the Department of Environmental Regulation of the State of Florida. No permit shall be issued for any private wastewater disposal system employing subsurface soil absorption facilities where the area of the lot is less than 10,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

(e)

No septic tank or other subsurface disposal facility shall be installed where a public sewer is accessible to the premises involved.

(f)

At such time as a public sewer becomes available to a property served by a private wastewater disposal system, a direct connection shall be made to the public sewer within 180 days of the date of notice as provided in § 19-2.5. Any septic tanks, cesspools and similar private wastewater disposal facilities shall be pumped empty and filled with suitable materials.

(Ord. 63-89, 10-10-1989; Ord. 137-04, 11-8-2004, effective date 1-1-2005)

(g)

The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the city.

(h)

Every flush toilet shall be connected to a public sewer where available or to a septic tank. Flush toilets shall be provided at all times with sufficient running water under pressure to flush the toilet clean after each use.

(i)

No pit privy shall be installed.

(j)

Discharge of septic tanks into sewer system.

(1)

Restricted. It shall be unlawful to empty, dump, throw or otherwise discharge, into any manhole, catch basin or other opening, into the city sewer system, or any system connected with and discharging into the sewer system, the contents of any septic tank, sludge, wastewater or other similar matter or material, except as provided in subsection (b) hereof.

(Ord. 63-89, 10-10-1989)

(2)

Permits. The city is hereby authorized to grant permits to discharge the contents of septic tanks (from domestic sources only) at locations specified by it and under supervision. The permits may be revoked at any time, if in the opinion of the city, continued dumping of such matter into the sewers will be injurious to the sewer system or treatment processes.

(3)

Charges. A charge shall be made for the privilege of dumping contents of septic tanks, as provided in separate rules. A record shall be kept of such dumpings and statements shall be payable within ten days after rendition. Failure to pay the amounts due within the ten day period shall be cause for revoking the permit.

(k)

Any premise that has a septic tank, privy or any other wastewater, industrial waste or liquid waste disposal system, located thereon that does not function in a sanitary manner shall be corrected within 30 days from the receipt of written notification from the Lee County Health Department that the system is not functioning in a sanitary manner, and order that the system be corrected.

(Ord. 63-89, 10-10-1989)

(l)

Premises with private water systems shall not be connected with the public sewerage system unless approved by City Council.

(m)

No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by the Lee County Health Department.

(Ord. 97-86, § 1, 1-26-1987; Ord. 137-04, 11-8-2004, effective date 1-1-2005)

(a)

Potable and reclaimed water service/sewer service is furnished only upon signed application or agreement accepted by the city, and the conditions of such application or agreement are binding upon the customer, as well as upon the city. This application must be executed by the Financial Services Department.

(Ord. 49-96, 9-24-1996; Ord. 52-97, 8-15-1997; Ord. 34-16, § 1, 11-7-2016)

(b)

The applicant shall furnish to the city the correct name, street address or lot and block number at which water-sewer service is to be rendered.

(Ord. 23-75, § 2(2.3), 5-5-1975; Ord. 97-86, § 1, 1-26-1987)

Applications for potable and reclaimed water/sewer service requested by firms, partnerships, associations, corporations and others shall be tendered only by duly authorized parties. When water service is rendered under agreement or agreements entered into between the city and an agent or tenant of the principal, the use of the potable and reclaimed water/sewer service by the principal or tenant shall constitute full and complete ratification by the principal of the agreement or agreements entered into between the agent and the city and under which the potable and reclaimed water/sewer service is rendered.

(Ord. 23-75, § 2(2.4), 5-5-1975; Ord. 34-16, § 1, 11-7-2016)

The city may withhold or discontinue the services rendered under application made by any member or agent of a household, organization or business unless all prior indebtedness to the city, including indebtedness perfected by a lien(s) (excluding special assessment liens), of the household, organization or business for water/sewer service has been settled in full. Service may also be discontinued for any violation by the customer or consumer of any rule or regulation set forth in this article. In case of involuntary discontinuance of service, the minimum billing continues.

(Ord. 23-75, § 2(2.5), 5-5-1975; Ord. 97-86, § 1, 1-26-1987; Ord. 34-16, § 1, 11-7-2016)

The city reserves the right to terminate water and wastewater disposal services and disconnect a customer from the system when:

(a)

Acids or chemical damaging to sewer line or treatment process are released into the sewer causing rapid deterioration of these structures or interfering with proper conveyance and treatment of wastewater;

(b)

A governmental agency informs the city that the effluent from the wastewater treatment plant is no longer of a quality permitted for discharge into a watercourse, and it is found that the customer is delivering wastewater to the city's system that cannot be sufficiently treated or requires treatment that is not provided by the city as normal domestic treatment;

(c)

The customer:

(1)

Discharges industrial waste or wastewater that is in violation of the permit issued by the approving authority;

(2)

Discharges wastewater at an uncontrolled, variable rate in sufficient quantity to cause an imbalance in the wastewater treatment systems;

(3)

Fails to pay monthly bills for water and sanitary sewer services when due; or

(4)

Repeats a discharge of prohibited wastes into public sewers.

(Ord. 97-86, § 1, 1-26-1987)

(d)

Prior to disconnecting any water or sewer service for nonpayment, the city shall provide the account holder of the premises with a minimum of 30 days' written notice of the city's intent to terminate service. The notice shall also advise the account holder of the premises of the procedure to contest the notice of intent to terminate service.

(Ord. 29-94, 5-9-1994; Ord. 34-16, § 1, 11-7-2016)

The City may transfer balances on a property to a new owner(s) of the property 30 days after the new owner(s) start service when the new account holder's name matches the name of the owner of record on file for the property at the Lee County Property Appraiser's Office.

(Ord. 108-22, § 2, 1-11-2023)

(a)

Deposit required. A deposit shall be required of all new customers of the city water, reclaimed water and sewer systems. Deposits shall be paid to the city by cash, check, money order or credit card. The city shall begin requiring deposits for new accounts that are in the name of the property owner(s) on June 1, 2004; for all new accounts that are in the name of someone other than the property owner(s), the city shall begin requiring deposits for new accounts on April 27, 2004.

(b)

New customer deposits are authorized. Amounts will be based upon a utility credit check. The level of Utility credit risk will determine the amount of the deposit due at the time of application for service. The deposit schedule is as established in the utility fees resolution. Actual costs involved with processing a new customer account(s), such as utility credit checks, incurred by the City shall be billed to the utility account.

(c)

Exemptions.

(1)

a.

A customer who has had a previous account with the city and who is applying for new service must satisfy any outstanding balance owed to the city, including outstanding balances secured by a lien, on any previous account(s) prior to receiving service at a new address. A customer who has had a previous utility account may be exempted from paying a customer deposit if the following criteria are met.

b.

The previous account(s) existed a minimum of 24 months immediately preceding application for the new account; the new account requested is in the same name as the previous account and is of the same type; and the customer has not, during the preceding 12 months:

1.

Made more than two payments that were received after the due date;

2.

Paid with a check refused by the bank;

3.

Had utility service discontinued for non-payment;

4.

Tampered with a meter; or

5.

Used utility service in a fraudulent or unauthorized manner.

(2)

Written statement from another utility company. A new customer will be exempt from the customer deposit requirement if the new customer furnishes a written statement from another utility company that previously provided service to the customer, stating that the new customer's account meets the criteria stated in subsection (c)(1) above.

(d)

Deposits on existing accounts. The city reserves the right to require a deposit on existing accounts that:

(1)

Made more than two payments that were received after the due date in a 12-month period;

(2)

Paid with a check refused by the bank;

(3)

Had utility service discontinued for non-payment;

(4)

Tampered with a meter; or

(5)

Used utility service in a fraudulent or unauthorized manner.

(e)

Increase in deposit(s).

(1)

The city reserves the right to require an increase in a current customer deposit, when an account exhibits any one of the characteristics enumerated in subsection (d)(1—3) above and the current deposit is less than the average monthly billing for the property over the past 12 months. The increased deposit may equal up to the highest monthly bill for the immediately preceding 12 months.

(2)

The city reserves the right to require a deposit or an increased deposit to an account when it is determined by the city the meter has been tampered with, or the utility service has been obtained in a fraudulent or unauthorized manner. The total deposit shall be the highest monthly bill for the immediately preceding 12 months or two times the standard deposit, whichever is greater. For accounts that exhibit two, or more, occurrences of either tampering with a meter or obtained utility service in a fraudulent or unauthorized manner, the deposit may be increased up to three times the standard deposit.

(f)

Refund of deposits. Refunds of deposits shall be made only to the person who originally made the deposit, except as follows:

(1)

Divorce. The customer deposit name may be changed from one spouse to another without the consent of the customer whose name is currently listed on the account if a written, dated, and signed request is made by the spouse who desires the name change and the request is accompanied by a copy of a property settlement agreement or other legally binding document that designates the requesting party as the legal occupant of the residence.

(2)

Death. The customer deposit name may be changed to a personal representative with receipt of a copy of the death certificate and letters of administration.

(g)

Deposit interest. All deposits will be held in escrow. If the deposit is held in an interest bearing account, interest on the deposit will be credited annually to the utility account for which the deposit is being held. The rate of interest shall be the rate paid by the State of Florida Board of Administration on the local government surplus funds trust investment pool.

(h)

Application of deposit. A customer deposit may be applied against any outstanding utility bill on the property. When an account has been terminated and the deposit or balance thereof is unclaimed by the person entitled to receive same, disposition shall be in accordance with the existing laws of the State of Florida relating to unclaimed funds.

(i)

Refund of deposit. Deposits shall be credited to the customer at the end of two years provided that the customer has not had service terminated for non-payment; has not issued any checks that were returned by the bank for insufficient funds; and has not had more than one delinquent utility bill within the 12-month period immediately preceding the end of the two year period.

(Ord. 45-04, 4-26-2004; Ord. 33-15, 8-31-2015; Ord. 34-16, § 1, 11-7-2016; Ord. 108-22, § 2, 1-11-2023)

Editor's note— Section 19-6.5 was deleted by Ord. 45-04, 4-26-2004.

Extensions will be made to the city's facilities in compliance with the terms and conditions of Article III of this chapter setting forth the city's extension policy.

(Ord. 23-75, § 2(2.6), 5-5-1975)

(a)

Water. Water service purchased from the city shall be used by the customer only for the purposes specified in the application for water service, and, except as provided in subsection (c) below, the customer shall not sell or otherwise dispose of the water service supplied by the city. Water service furnished to the customer shall be rendered directly to the customer through the city's individual meter. Except as provided in subsection (c) below, water service may not be remetered by the customer for the purpose of selling or otherwise disposing of water service to lessees, tenants or others, and under no circumstances shall the customer or customer's agent or any other individual, association or corporation install any device or equipment for the purpose of so remetering the water service. In no case shall a customer, except with the written consent of the city, extend his or her lines across a street, alley, lane, court, property line, avenue or other way, in order to furnish water service for adjacent property, even though the adjacent property may be owned by him or her. In case of the unauthorized extension, remetering, sale or disposition of service, in addition to any penalties imposed pursuant to this Code for violation of this section, the customer's water service is subject to discontinuance until the unauthorized extension, remetering, sale or disposition is discontinued and full payment is made of bills for water service, calculated on proper classification and rate schedules, cost to repair or replace any damaged meter, and reimbursement in full made to the city for all extra expenses incurred for clerical work, testing, inspections and discovery.

(b)

Sewer. Sewer service purchased from the city shall be used by the consumer only for the purposes specified in the application for sewer service. Sewer service furnished to the consumer shall be for the consumer's own use, and the consumer shall not sell or otherwise dispose of sewer service supplied by the city except as provided in subsection (c) below. Wastewater shall be received directly from the consumer into the city's main sewer lines. In no case shall a consumer, except with the written consent of the city, extend his or her lines across a street, alley, lane, court, property line, avenue or other way, in order to furnish sewer service for adjacent property, even though adjacent property may be owned by him or her. In case of such unauthorized extension, sale or disposition of service, in addition to any penalties imposed pursuant to this Code for violation of this section, the consumer's sewer service is subject to discontinuance until the unauthorized extension, sale or disposition is discontinued and full payment is made of bills for sewer service, calculated on proper classifications and rate schedules, cost to repair or replace any damaged meter, and reimbursement in full made to the city for all extra expenses incurred for clerical work, testing, inspections and discovery.

(c)

Remetering. Remetering and resale of water and sewer service is authorized for duplex, multi-family and commercial buildings and developments only under the following terms and conditions.

(1)

The building or development must be under unified ownership or, if ownership of lots, units or other portions of the building or development is divided, all lots, units or other portions of the building or development must be subject to deed restrictions or other enforceable covenants providing for an incorporated owners' association with the authority to enforce payment of association water and sewer assessments against each lot, unit or other portion of the building or development. Throughout this subsection (c), the term OWNER shall be deemed to include the owners' association for any building or development with divided ownership and the term TENANT shall be deemed to include the owner of any lot or unit in such a building or development.

(2)

All costs of installing remetering equipment shall be borne solely by the owner of the building or development which is remetered.

(3)

The owner of the building or development may only bill to tenants the actual charges of water and sewer service to the building or development, as billed to the owner by the city. No administrative costs or other charges may be added by the owner.

(4)

Within 30 days after the end of each calendar year, the owner of the building or development must provide to the city a sworn and notarized written statement that the water and sewer charges billed to tenants for the calendar year did not exceed the charges billed to the owner by the city.

(5)

The owner of the building or development must retain the records of tenant billings for a period of at least three years. The city may at any time, upon reasonable notice, demand inspection of the records. Upon discovering that an owner has overbilled tenants for water or sewer service, the city may order the owner to cease the overbilling and to make appropriate refunds within a reasonable time. Failure to comply with the order, and any failure to keep the records required by this subsection (c)(5), shall be grounds for the city to order immediate removal of the owner's remetering equipment. Failure to timely comply with an order to cease overbilling or to make appropriate refunds or failure to comply with an order to immediately remove remetering equipment shall result in fines levied against the owner in the amount of $50 per day per tenant served through the city's master meter. Failure to pay the fines shall be cause for discontinuance of service, in the same manner as failure to pay charges for water and sewer service. Remedies for non-compliance provided the city herein are cumulative to all other statutory, contractual and common law remedies.

(6)

The owner of the building or development must enter into a written contract with the city agreeing to abide by the terms and conditions of this subsection (c); allowing for the award of costs and attorneys' fees in any legal action to enforce the contract; and authorizing the judicial appointment of a receiver to accept and disburse tenants' payments for water and sewer service at any time the account for the building or development becomes delinquent and the owner of the building or development fails to bring the account current within 15 days after notice thereof.

(Ord. 23-75, § 2(2.7), 5-5-1975; Ord. 63-89, 10-10-1989; Ord. 4-00, § 1, 1-31-2000; Ord. 33-15, 8-31-2015)

(a)

No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city.

(b)

The owner or his or her agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the city.

(Ord. 63-89, 10-10-1989)

(c)

All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

(d)

A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the front building may be extended to the rear building and the whole considered as one building sewer, but the city does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.

(e)

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the city, to meet all requirements of this article.

(f)

The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in construction shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.

(g)

In all buildings in which any building drain is too low to permit gravity flow to the public sewer, wastewater shall be pumped to the city's wastewater collection system.

(Ord. 63-89, 10-10-1989)

(h)

No person shall make connection of roof downspouts, foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless the connection is approved for purposes of disposal of polluted surface drainage.

(i)

The applicant for the building sewer permit shall notify the city when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the city or its representative.

(j)

All excavations for building sewer installations shall be adequately guarded with barricades and lights in compliance with all OSHA requirements so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.

(k)

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gas-tight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the city before installation.

(l)

If any house sewer permits entrance of infiltration or inflow, the city may:

(1)

Require the owner to repair the house sewer;

(2)

Charge the owner a sewer rate that reflects the additional cost of wastewater treatment from the owner's property; and

(Ord. 63-89, 10-10-1989)

(3)

Require the owner to disconnect his or her sewer from the city's sewer system.

(m)

Where sewer service is unavailable, all costs associated with permit, construction and extension shall be the responsibility of the permit applicant.

(Ord. 97-86, § 1, 1-26-1987)

(a)

No person shall discharge or cause to be discharged any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage or cooling water to any sewer.

(b)

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

(1)

Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.

(2)

Any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the wastewater treatment plant.

(3)

Any waters or wastes having a pH lower than 5.5 or greater than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater works.

(4)

Solid or viscous substances in quantities or of a size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities such as, but not limited to, ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers and the like, either whole or ground by garbage grinders.

(c)

The following described substances, materials, waters or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream or will not otherwise endanger lives, limb, public property or constitute a nuisance. The city may set limitations lower than the limitations established in the regulations below if in its opinion the more severe limitations are necessary to meet the above objectives. In forming its opinion as to the acceptability, the city will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewater discharged to the sanitary sewer which shall not be violated without approval of the city are as follows:

(1)

Wastewater having a temperature higher than 150°F (65°C) or will cause the temperature at the influent to a treatment plant to exceed 104°F (40°C);

(2)

Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils or product of mineral oil origin;

(3)

Wastewater containing more than 100 milligrams per liter of oils, fat or grease;

(4)

Any garbage that has not been properly shredded. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers;

(5)

a.

Any wastewaters having an excess of:

b.

Any substance or combination thereof that reduces the BOD by 10% will be considered as a toxic material. In addition, the limits for the following are:

(6)

Any waters or wastes containing odor-producing substances exceeding limits which may be established by the city;

(7)

Any radioactive wastes or isotopes of a half-life or concentrations as may exceed limits established in compliance with applicable state or federal regulations;

(8)

Quantities of flow, concentrations, or both which constitute a "slug", as defined in § 19-1;

(9)

Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to a degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters;

(10)

Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form solids which interfere with the collection system or create a condition deleterious to structures and treatment processes; and

(11)

Wastewater containing constituents in concentrations which are in excess of the concentrations set for normal wastewater (250 mg/l BOD5 and TSS, 30 mg/l TKN, 15 mg/l phosphorus.)

(d)

(1)

If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated above and which in the judgment of the city's Utilities Director, may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the city may:

a.

Reject the wastes;

b.

Require pretreatment to an acceptable condition for discharge to the public sewers;

c.

Require control over the quantities and rates of discharge; and

d.

Require surcharge payment to cover added cost of handling and treating the waters.

(2)

When considering the above alternatives, the city's Utilities Director shall give consideration to the economic impact of each alternative on the discharger. If pretreatment or equalization of waste flows is permitted, the design and installation of the plants and equipment shall be subject to the review and approval of the city.

(e)

(1)

Interceptors and separators.

a.

Interceptors or separators shall be provided when, in the opinion of the Utilities Department official, they are necessary for the proper handling of waste containing ingredients harmful to the building drainage system, public sewer or sewage treatment plant or processes.

(Ord. 63-89, 10-10-1989)

b.

The size, type and location of each interceptor or separator shall be approved by the Utilities Department. Under all circumstances the minimum requirements of the F.A.C. Chapter 10D-9 shall be required.

(Ord. 63-89, 10-10-1989)

c.

No waste other than those requiring treatment or separation shall be discharged into any separator except such as approved by the Utilities Department.

(Ord. 63-89, 10-10-1989)

(2)

Permit required. It shall be unlawful to install or operate an interceptor or separator without first obtaining a permit from the Utilities Department. All new and existing establishments which require or utilize an interceptor or separator must submit a maintenance schedule and obtain a permit. This permit is non-transferable and shall be displayed at the establishment permitted. Upon change of ownership of the establishment the new owner(s) must apply for a new non-transferable permit.

(3)

Inspections and maintenance. The Utilities Department shall have the authority to inspect at a reasonable time, all establishments utilizing interceptors or separators which are connected to the city sewer system to insure that the establishments have installed and are properly maintaining their interceptor on all waste lines. If maintenance is determined to be inadequate upon an initial inspection the owner will be given written notice to immediately have the interceptor serviced. Failure to comply with the written notice within ten days of its receipt will constitute a violation of this chapter. A determination that maintenance is inadequate upon a second inspection shall constitute an immediate violation of this article. Violation will cause immediate revocation of permits and discontinued service.

(4)

Grease interceptors. A grease interceptor shall be installed in the waste line leading from sinks, drains or other fixtures in the following establishments: restaurants, hotel kitchens or bars, factory cafeterias or restaurants, clubs or other uses where grease can be introduced into the drainage system in quantities that can effect line stoppage or hinder sewage disposal. Drains from toilets and lavatories shall not be connected to the grease interceptor.

(5)

Oil separators. An oil separator shall be installed in the drainage system or section of the system where, in the opinion of the Utilities Department, a hazard exists or where oils or other flammables can be introduced or admitted into the drainage system by accident or otherwise.

(6)

Sand interceptors. Sand and similar interceptors for heavy solids shall have a water seal of not less than two inches.

(7)

Venting interceptors. Interceptors shall be so designed that they will not become air bound if closed covers are used. Each interceptor shall be properly vented.

(8)

Accessibility of interceptors. Each interceptor shall be so installed as to provide ready accessibility to the cover and means for servicing and maintaining the interceptor in working and operating condition. The use of ladders or the removal of bulky equipment in order to service interceptors shall constitute a violation of accessibility.

(9)

Water connection. Water connection for cooling or operating an interceptor shall be such that backflow cannot occur.

(10)

Laundries. Commercial laundries shall be equipped with an interceptor having a removable wire basket or similar device which shall prevent passage into the drainage system of solids one-half inch or larger in size.

(11)

Bottling plants. Bottling plants shall discharge their process wastes into an interceptor which will provide for the separation of broken glass or other solids, before discharging liquid waste into drainage system.

(12)

Slaughter houses. Slaughtering room drains shall be equipped with separators which shall prevent the discharge into the drainage system of feathers, entrails and other materials likely to clog the drainage system.

(13)

Food/garbage grinders. Food/ garbage grinders will not be permitted for use by commercial customers.

(14)

Abandoned interceptors or separators. When an interceptor is to be abandoned the contents shall be completely pumped out, the bottom broken to permit drainage and the interceptor filled with clean sand or other suitable material.

(15)

Permit fees. A one time, non refundable application fee of $20 shall be paid at the time of application for the permit. The fee for reinstallation of a revoked permit shall be $30.

(Ord. 63-89, 10-10-1989)

(f)

Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes; they shall be maintained continuously in satisfactory and effective operation by the owner at his or her expense.

(g)

Any industry discharging to the city sewer system more than 10,000 gallons per day or any discharger so designated as a potential problem discharger by the city's Utilities Department shall comply with the following.

(Ord. 63-89, 10-10-1989)

(1)

In order to provide for accurate sampling and measurement of industrial wastes, each designated discharger shall provide and maintain, on each of its industrial waste outlet sewers, a large manhole or sampling chamber to be located outside or near its plant boundary line. If inside the plant fence, there shall be a gate near the sampling chamber with a key furnished to the city. There shall be ample room provided in each sampling chamber to enable convenient inspection and sampling by the city or its agent.

(2)

Each sampling chamber shall contain a Parshall flume, accurate weir or similar device, with a recording and totalizing register for measurement of the liquid quantity; or the metered water supply to the industrial plant may be used as the liquid quantity where it is substantiated that the metered water supply and waste quantities are approximately the same, or where a measurable adjustment can be made in the metered supply to determine the liquid quantity. The measuring, totalizing, recording devices are to be supplied, installed and maintained by the owner.

(3)

Samples shall be taken every hour, properly refrigerated and composited in proportion to the flow for a representative 24 hour sample. The sampling shall be repeated on as many days as necessary to insure representative quantities for the entire reporting period. Industrial plants with wide fluctuations in quantities of wastes, will require an automatic sampler paced automatically by the flow-measuring device. Minimum requirements for representative quantities shall include reevaluation during each quarterly period. The determination of representative quantities shall include not less than three consecutive days of 24 hour composite samplings taken during periods of normal operation, together with acceptable flow measurements. The frequency of sampling, sampling chamber, metering device, sampling methods and analysis of samples shall be subject, at any time, to inspection and verification by the city. Sampling and measuring facilities shall be such as to provide safe access for authorized personnel of the city for making the inspection and verification. Plans for sampling chambers, with their location shown on a site plan shall be submitted to the city.

(4)

The owner of each facility discharging industrial wastes shall submit monthly to the city, on forms supplied by the city, a certified statement of the quantities of its wastes discharged into the sewers and wastewater works of the city or into any sewer connected therewith. Copies of pertinent water bills shall be submitted with the above statement. The documents shall be filed with the city not later than the tenth day of the following month. A separate statement shall be filed for each industrial plant. The total quantities of wastes to be measured and certified by the owner shall be:

a.

Liquid in gallons;

b.

Five day BOD in pounds;

c.

Suspended solids in pounds, on a dry solids basis;

d.

Total phosphorus in pounds;

e.

Total Kjeldahl nitrogen in pounds; and

f.

COD in pounds.

(Ord. 63-89, 10-10-1989)

(h)

No person shall discharge or cause to be discharged any sanitary wastewater into the storm sewer system without exception.

(i)

Cooling and/or condensing water may be discharged to the storm sewer system only if a NPDES permit is obtained from the Environmental Protection Agency and authorized by FDEP.

(Ord. 63-89, 10-10-1989)

(j)

The industrial users may be required to provide information needed to determine compliance with this chapter. These requirements will include:

(1)

Wastewater discharge peak rate and volume over a specified time period;

(2)

Chemical analyses of wastewaters;

(3)

Information on raw materials, processes, and products affecting wastewater volume and quality;

(4)

Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer use control;

(5)

A plot plan of sewers of the user's property showing sewer and pretreatment facility location;

(6)

Details of wastewater pretreatment facilities; and

(7)

Details of systems to prevent and control the losses of materials through spills to the municipal sewer.

(k)

No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment. However, there shall be no agreements made that would violate any state or federal pretreatment standard.

(l)

All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association. Sampling methods, location, times, durations and frequencies are to be determined on an individual basis subject to approval by the city.

(Ord. 97-86, § 1, 1-26-1987; Ord. 44-11, 8-22-2011)

The city will, at all times, use reasonable diligence to provide continuous water/sewer service, and having used reasonable diligence, shall not be liable to the customer for failure or interruption of continuous water/sewer service. Fire protection service is limited solely to the customer's right to access to hydrants and the water in the city's mains and storage facilities. The city shall not be liable for fire damage resulting or alleged to be the result of inoperative hydrants, insufficient pressure or inadequate quantities of water.

(Ord. 23-75, § 2(2.8), 5-5-1975)

The customer's pipes, apparatus and equipment shall be selected, installed, used and maintained in accordance with the standard practice, conforming with applicable city codes and in full compliance with all laws and governmental regulations applicable to same. The city shall not be responsible for the maintenance and operation of the customer's pipes and facilities. The customer expressly agrees not to utilize any appliance or device which is not properly constructed, controlled and protected, or which may adversely affect the water/sewer service, and the city reserves the right to discontinue or withhold water/sewer service to the apparatus or device.

(Ord. 23-75, § 2(2.9), 5-5-1975)

No changes or increases in the customer's installation, which will materially affect the volume of service or the proper operation of the pipes, mains or stations of the city, shall be made without written consent of the city. The customer shall be liable for any costs to repair or replace equipment damaged by the customer due to the customer tampering with the installation in violation of this section.

(Ord. 23-75, § 2(2.10), 5-5-1975; Ord. 33-15, 8-31-2015)

All of the customer's water/sewer service installation or changes thereof shall be inspected upon completion by competent authority of the Utilities Department to insure that the customer's piping equipment and devices have been installed in accordance with accepted standard practice, and such local codes or other rules as may be in effect. The city will not render water/sewer service until the inspection has been made and a formal notice of approval from the inspecting authority has been issued by the city. Sewer connections shall remain open until inspected and shall be free from infiltration or conditions which could result in infiltration. The city reserves the right to inspect the customer's installation prior to the rendering of water/sewer service and from time to time thereafter, but assumes no responsibility whatsoever for any portion thereof.

(Ord. 23-75, § 2(2.11), 5-5-1975; Ord. 44-11, 8-22-2011)

The customer shall exercise reasonable diligence to protect the city's property on the customer's premises, and shall knowingly permit no one but the city's agents, or persons authorized by law, to have access to the city's pipes and apparatus. In the event of any loss of damage to property of the city caused by or arising out of carelessness, neglect or misuse by the customer, the cost of making good the loss or repairing the damage shall be paid by the customer.

(Ord. 23-75, § 2(2.12), 5-5-1975)

(a)

The duly authorized agents of the city shall have access at all reasonable hours to the premises of the customer for the purpose of installing, maintaining and inspecting or removing the city's property, reading meters and other purposes incident to performance under or termination of the city's agreement with the customer, and in the performance shall not be liable for trespass.

(b)

Duly authorized employees of the city bearing proper credentials and identification shall be admitted with permission from proper authorities to all properties for the purposes of inspection, observation, measurement, sampling and testing pertinent to discharge to the sewer system in accordance with the provisions of this chapter.

(c)

While performing the necessary work on private properties referred to herein, the authorized employees of the city shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the employees, and the city shall indemnify the company against liability claims and demands for personal injury or property damage asserted against the company, except as such may be caused by negligence or failure of the company to maintain safe conditions as required by this chapter.

(d)

Duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling repair and maintenance of any portion of the wastewater facilities lying within the easement. All entry and subsequent work, if any, on the easement, shall be performed in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

(Ord. 23-75, § 2(2.13), 5-5-1975; Ord. 97-86, § 1, 1-26-1987; Ord. 63-89, 10-10-1989)

The customer shall grant or cause to be granted to the city, and without cost to the city, all rights, easements, permits and privileges which are necessary for the rendering of water/sewer service.

(Ord. 23-75, § 2(2.14), 5-5-1975)

Bills for water, sewer, and irrigation service will be rendered monthly. Bills are due when rendered and shall be considered as received by the customer when delivered or mailed to the water, sewer, and irrigation service address, or some other place mutually agreed upon. Nonreceipt of bills by the customer shall not release or diminish the obligation of the customer with respect to payment thereof.

(Ord. 23-75, § 2(2.15), 5-5-1975; Ord. 33-15, 8-31-2015)

(a)

Bills are due when rendered, and if not paid within 20 days thereafter, become delinquent, and water, wastewater and irrigation service may then be discontinued on the date indicated on the bill, which date shall not be less than 45 days from the date the bill was rendered. Prior to any disconnection of water, wastewater or irrigation service, the occupant(s) of the premises shall be given written notice of the city's intention to disconnect service for non-payment. Written notice may include electronic notification, to include, but not be limited to, email or text messages. The notice shall also advise the occupant of the process for disputing the bill. At anytime prior to the date indicated on the bill for termination of service, a customer or occupant wishing to challenge a disputed bill may do so at the Financial Services Department. A designated employee will hear the customer's complaint and make a determination as to whether or not the customer has been correctly billed. If service is disconnected for non-payment, service will be resumed only upon payment of all past-due bills and penalties, together with a reconnect charge adopted in the rate resolution. There shall be no liability of any kind against the city by reason of discontinuance of water, wastewater or irrigation service to the customer for failure of the customer to pay the bills on time.

(Ord. 63-89, 10-10-1989; Ord. 29-94, 5-9-1994; Ord. 49-96, 9-24-1996; Ord. 52-97, 8-15-1997; Ord. 45-04, 4-26-2004; Ord. 137-04, 11-8-2004, effective date 1-1-2005; Ord. 131-08, 12-8-2008)

(b)

After an account has been delinquent for 20 days or more and the city has made reasonable efforts to collect the delinquent account, the city may remove the water meter. When the meter is reinstated, the city shall charge the normal installation fee.

(c)

For owner accounts that are delinquent, all amounts due and unpaid for payment of water, wastewater or irrigation water shall constitute a lien on the owner's real property in accordance with F.S. §§ 153.67 and 159.17. Such lien may be perfected, at the discretion of the city, by recordation of a notice of lien by the city in the public records of Lee County, Florida, if the delinquent amount has not been paid in full by the date due as indicated on the invoice. Subsequent liens may be recorded for additional invoices that remain unpaid after the date of any previous lien. The lien(s) shall be of equal dignity with the lien of state, county and municipal taxes. The city may foreclose the lien in the same manner as provided by the laws of Florida for the foreclosure of mortgages upon real property. Should the city elect not to record a lien and pursue foreclosure, such election shall not preclude the city from pursuing other enforcement mechanisms, including, but not limited to, filing suit to collect the delinquent amount, engaging outside collection agencies to pursue payment, and discontinuing service to the account holder's property. All costs and fees associated to either administer the lien process or collection agency, or both, shall be paid by the account holder at the time of satisfaction of the lien, or the collection of the delinquent amount.

(Ord. 23-75, § 2(2.16), 5-5-1975; Ord. 97-86, § 1, 1-26-1987; Ord. 131-08, 12-8-2008; Ord. 33-15, 8-31-2015)

When both water, sewer and irrigation service are provided by the city, payment of any water service bill rendered by the city to a water service customer shall not be accepted by the city without the simultaneous or concurrent payment of any sewer and/or irrigation service bill rendered by the city, or vice versa. If the charges for either service are not paid, the city may discontinue both services to the customer's premises for nonpayment. The city shall not reestablish or reconnect service until such time as all service charges and all other expenses or charges established or provided for by these rules and regulations are paid.

(Ord. 23-75, § 2(2.17), 5-5-1975; Ord. 137-04, 11-8-2004, effective date 1-1-2005)

(a)

General. When a customer has been overcharged or undercharged as a result of incorrect application of the rate schedules, incorrect reading of the meter, incorrect connection of the meter or other similar reasons, an amount necessary to correct the error may be credited or billed to the customer as determined by the Financial Services Department.

(b)

Water billing adjustment. The City Manager or his or her designee is hereby authorized to make adjustments to water bills resulting from involuntary use of water due to leaks in water service lines or defective plumbing fixtures. For purposes of this section, INVOLUNTARY USE is defined as water consumption resulting from one of the aforementioned causes, where the billed consumption exceeds the average monthly consumption for the previous six months by at least 100% and is a minimum of 10,000 gallons. Voluntary uses of water such as lawn watering or failure to turn off an outside hose shall not provide the basis for a water billing adjustment. The billing adjustment shall be based on a review of the account for the six-month period prior to the involuntary use. In the event the involuntary use encompasses two billing cycles, the calculation for the adjustment shall be based upon the average monthly consumption which exceeds two times the average monthly consumption for the previous six months. In order to obtain a water billing adjustment, the account holder must provide a written request seeking the adjustment and stating the reason for the involuntary use. The request must be received by the city within 60 days of the date of the billing for which the adjustment is sought and must be accompanied by evidence that a leak or other involuntary use has occurred and has been repaired. The written evidence may be an invoice from a plumber for the repair. Water billing adjustments shall be limited to the two month period prior to repair of the leak and may only be granted once in any 12-month period. The total amount of the adjustment shall not exceed 50% of the excess usage.

(Ord. 34-16, § 1, 11-7-2016)

(c)

Sewer billing adjustment. The City Manager or his or her designee is hereby authorized to make adjustments to sewer bills resulting from involuntary use of water that does not result in the water entering the sanitary sewer system. Voluntary uses of water such as lawn watering or failure to turn off an outside hose shall not provide the basis for a sewer billing adjustment. The billing adjustment shall be based on a review of the account for the six-month period prior to the involuntary use. In the event the involuntary use encompasses two billing cycles, the calculation for the adjustment shall be based upon the average monthly consumption which exceeds two times the average monthly consumption for the previous six months. In order to obtain a sewer billing adjustment, the account holder must provide a written request seeking the adjustment and stating the reason for same. The request must be received by the city within 60 days of the date of the billing for which the adjustment is sought and must be accompanied by evidence that a leak or other involuntary use has occurred and has been repaired and must establish that the involuntary use did not result in the water entering the sanitary sewer system. Sewer billing adjustments shall be limited to the two month period prior to repair of the leak and may only be granted once in any 12-month period. The total amount of the adjustment shall not exceed 50% of the excess usage.

(Ord. 34-16, § 1, 11-7-2016)

(d)

Sewer billing adjustment for filling or re-filling of swimming pools. The City Manager or his or her designee is hereby authorized to make adjustments to sewer bills in the event of total or partial filling or re-filling of a swimming pool which does not result in water entering the sanitary sewer system. The account holder must submit a written request for a sewer billing adjustment to the city no later than 30 business days after the date of the initial filling or re-filling of the pool. The written request shall specify the design capacity of the pool and certification by a licensed pool contractor substantiating the reason for same. The adjustment shall be calculated based on a review of the account for the six-month period prior to the filling or re-filling of the swimming pool and the design capacity of the pool. The sewer billing adjustment for filling or re-filling swimming pools shall be limited to one adjustment per 12-month period. In no event shall any adjustment for initial filling or re-filling of a pool exceed the total design capacity of the pool.

(Ord. 23-75, § 2(2.23), 5-5-1975; Ord. 49-96, 9-24-1996; Ord. 52-97, 8-15-1997; Ord. 45-04, 4-26-2004)

Unless otherwise specified, any person, firm, contractor, corporation, association or partnership found to have violated any of the provisions of this chapter shall be punished pursuant to § 1-14, City of Cape Coral Code of Ordinances.

(Ord. 33-15, 8-31-2015)

(a)

When change of occupancy takes place on any premises supplied by the city with water/sewer service, written notice thereof shall be given at the Financial Services Department, not less than three days prior to the date of change, by the outgoing customer who will be held responsible for all water/sewer service used on the premises until the written notice is so received and the city has had reasonable time to discontinue water/sewer service. However, if the written notice has not been received, the qualified application of a succeeding occupant for water/sewer service will automatically terminate the prior account. A tenant's deposit, if any, may be transferred from one service location to another, if both locations are supplied by the city, provided that all bills for service for the existing location which is secured by the deposit are paid in full.

(Ord. 29-94, 5-9-1994; Ord. 49-96, 9-24-1996; Ord. 52-97, 8-15-1997; Ord. 14-02, 3-11-2002)

(b)

For the convenience of its customers, the city will accept signed facsimile orders to discontinue water/sewer service and will use all reasonable diligence in the execution thereof. Telephone orders to discontinue service will not be accepted.

(Ord. 119-02, 12-3-2002)

(c)

New owners of either commercial or residential property are responsible for payment of a minimum water or water/sewer bill from the date of closing on the property irrespective of water being on or off. Whenever service is discontinued, a minimum bill is charged for the property.

(Ord. 23-75, § 2(2.19), 5-5-1975; Ord. 97-86, § 1, 1-26-1987; Ord. 49-96, 9-24-1996)

(a)

Connections to the city's water, sewer, or irrigation system for any purpose whatsoever are to be made only under the supervision of city employees. Unauthorized connections render the service subject to immediate discontinuance without notice, and water, sewer, or irrigation service will not be restored until such unauthorized connections have been removed and unless settlement is made in full for all water, sewer, or irrigation service estimated by the city to have been used by reason of the unauthorized connection.

(b)

Any person, firm, contractor, corporation, association or partnership who is found by the city to have made or caused to have made any connection prohibited by subsection (a) above shall be required by the city to pay the following to the city:

(1)

A penalty in the amount of:

a.

First offense: $250.00.

b.

Second offense: $500.00.

c.

Third and subsequent offenses: $750.00.

(2)

An amount equal to three times the connection fees and water, sewer, or irrigation service charges imposed by the city for such connection and water, sewer, or irrigation service provided. Said fees and charges shall be computed using the rates in effect at the time of the discovery of said unauthorized connection. For residential connections, the water, sewer, or irrigation service charges shall be estimated by using the average water, sewer, or irrigation use for similar types and sizes of residential users during the entire period from the date of a certificate of occupancy was issued for any dwelling unit found illegally connected to the system until the date of collection. For commercial connections, water, sewer, or irrigation service charges shall be estimated by using the average water, sewer, or irrigation use for similar types and sizes of commercial users during the entire period from the date of a certificate of occupancy was issued for any portion of the project served until the date of collection.

(3)

All costs of investigation and collection, including time, labor, material, attorney fees, court costs, and professional fees of any kind necessitated to determine that such unauthorized connection existed.

(4)

Unauthorized connections may be prosecuted according to F.S. § 812.14.

(c)

All persons, firms, contractors, corporations, associations or partnerships making or causing said unauthorized connection to be made and/or receiving the benefit of the water, sewer, or irrigation service shall be jointly and severally liable for the payment of the above-described amounts to the city. Water, sewer, or irrigation service shall be discontinued to such persons, firms, contractors, corporations, associations or partnerships until said amount is paid in full. In the event that any corporation is found to be liable for such sums and is not solvent or is without assets to make appropriate payment, the individual officers, directors and shareholders of such corporation shall be liable for such payment.

(d)

Any person, firm, contractor, corporation, association or partnership who is found by the city to have made or caused to have made any unauthorized connection may appeal a penalty, fee, or cost under this section. The person, firm, contractor, corporation, association or partnership shall notify the Code Compliance Manager within ten days of receipt of the notice of penalty, fee, or cost. Proper notice to the Code Compliance Manager shall stay the imposition of a penalty, fee, or cost, until adjudication by the Code Compliance Special Magistrate. The Special Magistrate shall conduct a hearing and consider evidence presented by the person, firm, contractor, corporation, association or partnership, and the city. The Special Magistrate shall make a decision based on the preponderance of the evidence standard. The decision of the Special Magistrate is a final administrative remedy as to the city.

(Ord. 34-16, § 1, 11-7-2016)

(Ord. 23-75, § 2(2.20), 5-5-1975; Ord. 33-15, 8-31-2015)

(a)

All water meters shall be furnished by and remain the property of the city and shall be accessible and subject to its control, except for meters installed for remetering pursuant to § 19-8(c). Except for the reference in the preceding sentence to "meters installed for remetering" throughout this Chapter 19, the term METER shall mean the city's meter for any property. The customer shall provide meter space to the city at a suitable and readily accessible location satisfactory to the city.

(b)

That portion of the customer's installation for water service shall be so arranged that all water service shall pass through the meter. No temporary pipes, nipples or spacers are permitted and under no circumstances are connections allowed which may permit water to bypass the meter or metering equipment.

(Ord. 23-75, § 2(2.21, 2.22), 5-5-1975; Ord. 4-00, § 1, 1-31-2000)

(a)

Should any customer request a bench test of his or her water meter, the city will require a deposit to defray cost of testing. The City Council shall, after a duly noticed public hearing, establish and adopt by resolution a meter bench test deposit fee schedule. The City Council may modify the meter bench test deposit fee schedule from time to time by resolution.

(b)

If the meter is found to register in excess of the accuracy limits prescribed by standards set forth herein, the deposit will be refunded; but if below the accuracy limits, the deposit will be retained by the city as a service charge for conducting the test.

(Ord. 23-75, § 2(2.25), 5-5-1975; Ord. 63-89, 10-10-1989; Ord. 33-15, 8-31-2015)

All meters used for measuring quantity of water delivered to a customer shall be in good mechanical condition and shall be adequate in size and design for the type of service which they measure. Before being installed for the use of any customer, every water meter, whether new, repaired or removed from service for any cause, shall be adjusted to register within the accuracy limits set forth in the following table:

(Ord. 23-75, § 2(2.28), 5-5-1975; Ord. 63-89, 10-10-1989)

(a)

In meter tests made by the city, the accuracy of registration of the meter and its performance in service shall be judged by its average error. The average meter error shall be considered to be the average of the errors at the test rate flows.

(b)

Whenever a meter tested is found to register fast in excess of the tolerance provided in the meter accuracy requirements provision herein, the city shall refund to the customer the amount billed in error for one-half the period since the last test; the one-half period not to exceed six months, except that if it can be shown that the error was due to some cause, the date of which can be fixed, the overcharge shall be computed back to but not beyond the date. The refund shall not include any part of any minimum charge.

(Ord. 23-75, § 2(2.26, 2.27), 5-5-1975)

The initiation or continuation or resumption of water service to the premises shall constitute the initiation, continuation or resumption of sanitary sewer service to the premises, regardless of occupancy.

(Ord. 23-75, § 2(2.29), 5-5-1975)

The provisions of this article shall not be deemed as alleviating compliance with applicable state and federal regulations. Specific user charge and industrial cost recovery requirements, promulgated pursuant to Pub. Law No. 92-500, shall be considered as a part of this article upon official adoption. All nonresidential users will be required to comply with pretreatment standards as outlined in 40 C.F.R. part 403.

(Ord. 97-86, § 1, 1-26-1987)

Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitations imposed under this article. The administrator shall notify all affected users of the applicable reporting requirements under 40 C.F.R. § 403.12.

(Ord. 97-86, § 1, 1-26-1987)

Where the city's wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the city may apply to the approval authority for modification of specific limits in the federal pretreatment standards. CONSISTENT REMOVAL shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system 95% of the samples taken when measured according to the procedures set forth in 40 C.F.R. § 403.7(C)(2) promulgated pursuant to the Act. The city may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 C.F.R. part 403, § 403.7 are fulfilled and prior approval from the approval authority is obtained.

(Ord. 97-86, § 1, 1-26-1987)

State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations of those in this article.

(Ord. 97-86, § 1, 1-26-1987)

No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standards, or in any other pollutant/specific limitation developed by the city or state, unless specifically allowed in the categorical pretreatment standards established by EPA.

(Ord. 97-86, § 1, 1-26-1987)

Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review, and shall be approved by the city before construction of the facility. All existing users shall complete such a plan four months after the sewer use ordinance is enacted. No user who commences contribution to the POTW after the effective date of this article shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. Review and approval of the plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this article. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions.

(Ord. 97-86, § 1, 1-26-1987)

Within five days following an accidental discharge, the user shall submit to the city a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. The notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall the notification relieve the user of any fines, civil penalties or other liability which may be imposed by this article or other applicable law.

(Ord. 97-86, § 1, 1-26-1987)

A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer a dangerous discharge to occur are advised of the emergency notification procedure.

(Ord. 97-86, § 1, 1-26-1987)

Editor's note— Ord. 108-22, § 1, adopted Jan. 11, 2023, repealed § 19-38, which pertained to contributions in aid of construction and derived from Ord. 22-75, §§ 1, 2, adopted May 5, 1975; Ord. 26-75, §§ 1, 2, adopted June 2, 1975; Ord. 64-76, § 1, adopted Aug. 2, 1976; Ord. 21-79, § 1, adopted May 7, 1979; Ord. 67-81, § 1, adopted Sept. 14, 1981; Ord. 36-74, adopted July 16, 1984; Ord. 63-89, adopted Oct. 10, 1989; Ord. 17-93, adopted May 10, 1993; Ord. 37-95, adopted July 31, 1995; Ord. 49-96, adopted Sept. 24, 1996; Ord. 52-97, adopted Aug. 15, 1997; Ord. 46-00, § 1, adopted June 19, 2000; Ord. 45-04, adopted April 26, 2004; Ord. 179-06, adopted Jan. 8, 2007; Ord. 1-09, adopted Jan. 26, 2009; Ord. 14-09, adopted April 20, 2009; Ord. 93-10, adopted April 11, 2011; Ord. 8-13, § 1, adopted Feb. 25, 2013; Ord. 56-18, § 3, adopted Aug. 6, 2018.

The City Council shall, after a duly noticed public hearing, establish and adopt by resolution a schedule for fees and charges incidental to operation of the city's utility system. The City Council may modify the fee schedule from time to time by resolution.

(Ord. 31-75, §§ 1, 2, 7-14-1975; Ord. 31-80, § 1, 8-4-1980; Ord. 97-86, § 1, 1-26-1987; Ord. 63-89, 10-10-1989; Ord. 36-95, 7-31-1995; Ord. 49-96, 9-24-1996; Ord. 14-02, 3-11-2002; Ord. 45-04, 4-26-2004)

Customers must submit construction drawings of multi-dwelling buildings to the Financial Services Department for determination of the applicable rate schedule prior to commencement of permanent service. Once the building classifications have been established, they will remain unchanged subject only to reconstruction or major alterations of the building itself.

(Ord. 85-76, § 1, 10-18-1976; Ord. 63-89, 10-10-1989; Ord. 49-96, 9-24-1996; Ord. 52-97, 8-15-1997)

The City Council shall, after a duly noticed public hearing, establish and adopt by resolution a water system rate schedule. The City Council may modify the fee schedule from time to time by resolution.

(Ord. 5-75, §§ 1, 2, 3-3-1975; Ord. 56-77, § 1, 8-22-1977; Ord. 19-80, § 1, 7-7-1980; Ord. 89-91, § 1, 10-26-1981; Ord. 97-86, § 1, 1-26-1987; Ord. 63-89, 10-10-1989; Ord. 78-91, 8-26-1991; Ord. 5-96, 1-22-1996; Ord. 45-04, 4-26-2004)

All city owned and operated facilities shall pay all appropriate charges and fees associated with potable water as described in Chapter 19 of the City of Cape Coral Code of Ordinances. Since these services represent a cost of doing business and are accounted for through consumers' rates, this section shall not apply to facilities of the Utilities Department that function in the provision of utility service and placing into operation new utility facilities. In addition, this section shall not apply to water usage related to firefighting activities by the Fire Department, such as, fire hydrants and Fire Department Connections (FDC).

(Ord. 5-96, 1-22-1996; Ord. 59-21, § 1, 8-4-2021)

Editor's note— Ord. 49-96, adopted September 24, 1996, deleted § 19-40 in its entirety. Formerly, the section pertained to customer guarantee deposits and derived from Ord. 5-75, § 12, 3-3-1975, and Ord. 63-89, 10-10-1989.

(a)

All significant users proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW.

(b)

All existing significant users connected to or contributing to the POTW shall obtain a wastewater contribution permit within 180 days after the effective date of this article.

(Ord. 97-86, § 1, 1-26-1987)

(a)

Users required to obtain a wastewater contribution permit shall complete and file with the city, an application in the form prescribed by the city and accompanied by a fee as set by the city from time to time. Existing users shall apply for a wastewater contribution permit within 30 days after the effective date of this article, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

(1)

Name, address and location, (if different from the address);

(2)

SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;

(3)

Wastewater constituents and characteristics including but not limited to those mentioned in § 19-8.2 of this chapter as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to § 304(g) of the Act and contained in 40 C.F.R. part 136, as amended;

(4)

Time and duration of contribution;

(5)

Average daily and three minute peak wastewater flow rates, including daily, monthly and seasonal variations if any;

(6)

Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation;

(7)

Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged;

(8)

Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards;

(9)

a.

If additional pretreatment and/or O&B will be required to meet the pretreatment standards; the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.

b.

The following conditions shall apply to this schedule:

1.

The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction and the like).

2.

No increment referred to in subsection (a)(9)b.1. above shall exceed nine months.

3.

Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Utilities Director including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between the progress reports to the Utilities Director.

(Ord. 63-89, 10-10-1989; Ord. 49-96, 9-24-1996; Ord. 44-11, 8-22-2011 )

(10)

Each product produced by type, amount, process or processes and rate of production;

(11)

Type and amount of raw materials processed (average and maximum per day);

(12)

Number and type of employees and hours of operation of plant and proposed or actual hours of operation of pretreatment system; and

(13)

Any other information as may be deemed by the city to be necessary to evaluate the permit application.

(b)

The city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater contribution permit subject to terms and conditions provided herein.

(Ord. 97-86, § 1, 1-26-1987)

Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater contribution permit as required by § 19-49, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater contribution permit shall submit to the city within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by § 19-49(h) and (i).

(Ord. 97-86, § 1, 1-26-1987)

Wastewater discharge permits shall be expressly subject to all provisions of this ordinance and all other applicable regulations, user charges and fees established by the city. Permits may contain the following:

(a)

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;

(b)

Limits on the average and maximum wastewater constituents and characteristics;

(c)

Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;

(d)

Requirements for installation and maintenance of inspection and sampling facilities;

(e)

Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;

(f)

Compliance schedules;

(g)

Requirements for submission of technical reports or discharge reports (see § 19-47);

(Ord. 63-89, 10-10-1989)

(h)

Requirements for maintaining and retaining plan records relating to wastewater discharge as specified by the city, and affording city access thereto;

(i)

Requirements for notification of the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;

(j)

Requirements for notification of slug discharges as per § 19-8.2(c); and

(k)

Other conditions as deemed appropriate by the city to ensure compliance with this chapter.

(Ord. 97-86, § 1, 1-26-1987)

Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to a modification by the city during the term of the permit as limitations or requirements as identified herein are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(Ord. 97-86, § 1, 1-26-1987)

Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the city.

(Ord. 97-86, § 1, 1-26-1987; Ord. 63-89, 10-10-1989)

Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the city a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by the pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified by a qualified professional.

(Ord. 97-86, § 1, 1-26-1987)

(a)

Any user subject to a pretreatment standard, after the compliance date of the pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the city during each quarterly period, unless required more frequently in the pretreatment standard or by the Utilities Director, a report indicating the nature and concentration, of pollutants in the effluent which are limited by the pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported. At the discretion of the city and in consideration of such factors as local high or low flow rates, holidays, budget cycles and the like, the city may agree to alter the months during which the above reports are to be submitted.

(Ord. 63-89, 10-10-1989; Ord. 44-11, 8-22-2011)

(b)

(1)

The city may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required hereby shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the city, or pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the approval authority pursuant to § 304(g) of the Act and contained in 40 C.F.R. part 136 and amendments thereto or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with the techniques approved by the approval authority (DER).

(Ord. 97-86, § 1, 1-26-1987)

(2)

(Comment: Where 40 C.F.R. part 136 does not include a sampling or analytical technique for the pollutant in question sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator.)

(a)

The city shall require to be provided and operated, at the users own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

(b)

There shall be ample room in or near the sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expenses of the user.

(c)

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the city.

(Ord. 97-86, § 1, 1-26-1987)

The city shall inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or their representatives ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The city, approval authority and (where the NPDES state is the approval authority), EPA shall have the right to setup on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

(Ord. 97-86, § 1, 1-26-1987)

(a)

Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of the plans and operating procedures will, in no way, relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user's initiation of the changes.

(b)

The city shall annually publish in the largest daily newspaper a list of the users which were not in compliance with any pretreatment requirements or standards at least once during the 12 previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months.

(c)

All records relating to compliance with pretreatment standards will be made available to officials of the EPA or approval authority upon request.

(Ord. 97-86, § 1, 1-26-1987)

Violation of this chapter shall be a misdemeanor punishable under the laws of the State of Florida.

(Ord. 97-86, § 1, 1-26-1987)

(a)

The city may suspend the wastewater treatment service and/or a wastewater contribution permit when the suspension is necessary, in the opinion of the city, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or causes the city to violate any condition of its NPDES permit.

(b)

Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the city shall take such steps as deemed necessary including initiation of legal action by the City Attorney and immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The city shall reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the non-complying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the city within 15 calendar days of the date of occurrence.

(c)

Any user who violates the following conditions of this chapter or applicable state and federal regulations, is subject to having his or her permit revoked in accordance with the procedures of this chapter:

(1)

Failure of a user to report factually the wastewater constituents and characteristics of his or her discharge;

(2)

Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;

(3)

Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; and

(4)

Violation of conditions of the permit.

(d)

Whenever the city finds that any user has violated or is violating this chapter, wastewater contribution permit, or any prohibition, limitation of requirements contained herein, the city may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the city by the user. Each quarter, the city will publish in the local newspapers the list of violators of this chapter for that quarter.

(e)

In the event of violation of this chapter, the Health Officer or authorized employees may verbally instruct the owner as to the necessary corrective action. If the owner fails to carry-out verbal instructions in a timely manner or if a serious violation or hazard to public health exists, the Health Officer, may issue to the owner a written order stating the nature of the violation, the corrective action and the time limit for completing the corrective action. This time limit will not be less than 24 hours nor more than six months depending upon the type and severity of the violation. The offender shall within the period of time stated in the notice, permanently cease all violations. The record of the mailing of the notice or order shall be prima facie evidence thereof and failure of the owner or owners to receive same shall, in no way, affect the validity of any proceedings conducted pursuant to this chapter.

(f)

If any person, discharges wastewater, industrial wastes or other wastes into the city's wastewater disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements, or any order of the city, the City's Attorney may commence an action for appropriate legal and/or equitable relief in the appropriate court.

(Ord. 63-89, 10-10-1989)

(g)

Any user who is found to have violated an order of the Lee County Health Department or who willfully or negligently failed to comply with any provision of this chapter, and the orders, rules, regulations and permits issued hereunder, shall be fined not less than $100, nor more than $1,000, for each offense. Each day on which a violation shall occur or continue, shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the city may recover reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules, regulations and permits issued hereunder.

(h)

Any person who knowingly makes any false statements, representation or certification in any application, record, plan or other document filed or required to be maintained pursuant to this chapter, wastewater contribution permits or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter, shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than six months or by both.

(i)

A person violating any provisions of this article authorizing the aforementioned action by the Lee County Health Department shall be charged the normal and usual charges for discontinuance and disconnection of the water and sewer services and the usual charges for re-commencing the water and sewer services.

(Ord. 97-86, § 1, 1-26-1987)

(a)

The City of Cape Coral (city) hereby establishes this extension policy for the purpose of creating a uniform method of determining the contribution in aid of construction to be borne by property owners or developers within the city to defray, or partially defray, the costs of off-site water and irrigation water distribution and wastewater collection system. The city declares that this extension policy has, as its goal, the establishment of a uniform method of computing or determining the contributions to the end that all such contributions shall be applied as nearly as possible with uniformity to all consumers and prospective consumers within the present municipal boundaries.

(b)

The City of Cape Coral (city) recognizes that there are presently in existence a water distribution system, a wastewater collection system and an irrigation water distribution system currently providing service to improved properties and potential service to properties or lots not yet developed or improved. These current systems have value because they contain pumps, distribution lines and the like, that allow service (water, wastewater and irrigation water) to be provided to those who connect to them. This value was recognized by the former owner of the water, wastewater and irrigation water systems who charged a "betterment fee" to those connecting to the system.

(c)

Additionally, the City of Cape Coral has undertaken a number of utilities extension projects in accordance with § 19-57. As the result of these projects those property owners were assessed to pay for their fair share of the system expansion.

(d)

Accordingly, it is the City of Cape Coral's declared intention to continue to charge "betterment fees", which will be called "Contributions in aid of construction", to all property owners who connect to any of the three systems mentioned above.

(e)

The contributions in aid of construction (CIAC) will be paid in accordance with this section and will not be reduced by any construction costs for on-site utilities. Those costs will be borne by the property owner or developer. Certain off site or line extension required to provide service, upon approval by the City, may reduce the amount of CIAC fees. However, the property owner or developer shall be entitled to the area method of calculations for CIAC fees set forth in § 19-55.

(Ord. 24-75, § 1, 5-5-1975; Ord. 63-89, 10-10-1989; Ord. 17-93, 5-10-1993; Ord. 108-22, § 3, 1-11-2023)

(a)

Manner of paying; payment prerequisite to rendering service. The city requires the payment of contributions in aid of construction, either by cash payments, or acquisition of service area rights from non-city owned utility providers, or through the installation of offsite water or irrigation water distribution and wastewater collection facilities transferred to the city, or a combination of the three forms of contributions. The requirement of the city for the contributions is declared to be for the purpose of defraying the cost of the water and irrigation water distribution and wastewater collection systems. The payment by the developer or owner of such contributions to the city shall be a condition precedent to the rendering of service by the city's Utilities Department.

(b)

Determination of charges; amount.

1.

CIAC fee rates shall be the rates as stated within the City Council approved resolution establishing the most current UEP rates. The same unit of measure in UEP shall be used in the CIAC calculation.

2.

For parcels greater than two acres in size, the city may apply an oversize parcel discount. The oversize discount shall be calculated by measuring into the parcel 200 feet from each side of the parcel that abuts a right-of-way where utility service is available and computing that parcel area. This area shall be subject to 100% of the EP Rates. The remaining square footage within the parcel (the oversized area) shall be calculated at 30% and added to the fully assessable square footage.

3.

The typical rectangular lot is also used at dead-end streets and cul-de-sacs, creating irregular lots with an area between 5,000 and 7,000 square feet, the additional area being located in tab like appendages or "hammerheads" that exist only because of the dead-end or cul-de-sac location and cannot be used for set back or other improvement purposes. To avoid an inequity between these lots and other typical lots, the area of residential platted lots located at a dead-end or cul-de-sac that exceeds 5,000 square feet, but is less than 7,000 square feet, shall be disregarded. The contribution in aid of construction for these properties will be determined by deleting the unbuildable area from the total area. This reduction will only apply to wastewater and water CIAC, but not irrigation CIAC.

4.

CIAC rates may be periodically examined in order to provide a uniform charge to those connecting to the existing systems. It is the intent of this section that the City Council periodically re-examine the charges contained herein so that they will reflect, as nearly as possible, the current costs of construction as well as the cost of funding the unused portion of the system to the date of proposed development of each individual building site.

(c)

Time of payment - new construction. For new construction in areas where utility service is currently available, the CIAC fee will be assessed based upon new construction permit application date and shall be due and payable at the same time the new construction/site development review fees are paid. CIAC fees shall be due for each service when the service becomes available.

(d)

Time of payment - relocated structures. When a structure is moved from one location to another, a CIAC fee will be collected for the new location regardless of whether CIAC fees have been paid at the old location, unless the use at the new location is a replacement of an equivalent use. If the structure moved is replaced by an equivalent use, no CIAC fee is owed for the replacement use. In every case, the fee payer bears the burden of proving past payment of CIAC fees or equivalency of use. The CIAC fee shall be due and payable at the same time the site development review fees are paid.

(e)

Time of payment - redeveloped properties.

1.

When property is redeveloped, CIAC fees shall remain with the parcel.

2.

Additional CIAC fees shall not be due unless additional property for which CIAC fees were due and unpaid is combined with the original parcel. In such instances, the parcel owner shall be required to pay the CIAC fees for the square footage not previously paid.

3.

For parcel split/combines, or undeveloped land, CIAC fees shall be assessed for any parcel area not previously assessed a CIAC fee.

4.

For parcel split/combines that involve a portion of land that previously paid an ERU based CIAC fee, the original parcel area will be considered paid. As a result of the parcel combine, CIAC may be due on the additional square footage.

5.

Should the CIAC fee remain unpaid, and the surrounding parcels are included within a Utility Extension Project, the portion of land which the CIAC fees are unpaid may be included within the UEP.

(f)

Time of payment - existing structures. For existing structures in areas where utility service has become available, the CIAC fee shall be assessed upon utility permit application date and shall be due and payable upon issuance of the utility permit. In instances where a utility permit is not applied for, the City may initiate the delinquent CIAC process beginning 180 days from notification of the availability of sewer, irrigation and water service. CIAC fees shall be due for each service when the service becomes available and will be calculated on parcel area.

(g)

Application of proceeds from fees. The proceeds of all contributions in aid of construction with respect to the water, wastewater or irrigation water systems shall be applied only to the payment of the cost of expansion of the respective system, for renewal and replacement projects, and to the payment of any bonds to which the contributions in aid of construction shall have been pledged or may be legally used.

(h)

Payment of charges.

(1)

a.

General. All CIAC must be paid as described in (c), (d), (e), or (f) above, or an agreement to pay CIAC through annual installments as described in subsection (h)(1)b. or c. below, must be signed and filed with the city's Financial Services Department prior to issuance of a permit. All CIAC pertaining to each parcel must be paid, or an annual installment agreement executed prior to the issuance of a permit. This applies to platted and unplatted property. Failure to pay the CIAC when due may result in revocation of any development permits that have been issued for the property and will prohibit the issuance of a temporary certificate of occupancy, certificate of occupancy, or certificate of use.

b.

Annual installment agreement. If the property owner elects to pay the contribution in aid of construction in an annual installment agreement, the City shall require the property owner to execute a CIAC agreement in the amount of the outstanding balance of the contribution in aid of construction for the property. The agreement shall be recorded in the public records for Lee County. A recording fee, as provided for in the schedule of charges established by the Lee County Clerk of the Circuit Court shall be paid by the property owner(s) to the city. Owners electing to pay the CIAC in installments may, but are not required to, make an initial down payment at the time of making application to pay the CIAC in installments. The remaining principal balance shall be paid in equal principal annual installments, not exceeding 15, plus interest and collection costs. The interest rate shall be determined at the time of application to pay in installments and such installments shall become part of the non-ad valorem assessment property tax bill. The interest portion of the annual payment shall be calculated annually on the remaining principal balance. The interest rate shall be a fixed rate, shall be established at the time of application to pay the CIAC in installments and shall equal the current prime lending rate, as published in the Wall Street Journal on the last day of the month preceding the application, plus 1%, plus a 1% administrative fee and shall be effective the first day of the current month. The interest rate shall remain fixed until the annual installment agreement is paid in full. There shall be no penalty for prepayment in full. The property owner may pay the contribution in aid of construction in its entirety within 30 days from initial payment being due with no interest charge.

c.

Deferred payment agreement. Payment of the contribution in aid of construction due to be paid for any parcel of land being developed in no way other than clearing the land, add fill material to the land, the platting thereof and/or the construction thereon of roads, drainage facilities and/or utility facilities may be deferred and paid pursuant to a deferred payment agreement. A deferred payment agreement shall require a proportional payment of the CIAC for each part of the project area/parcel upon issuance of a building permit for such part, transfer of title to such part, or the passage of 15 years, whichever occurs first. After the deferral period, the balance of the loan will be placed on the non-ad valorem property tax bill as outlined in the deferral agreement.

(2)

a.

Development of the property prior to paying a CIAC does not relieve the property owner of the responsibility to the city for contributions in aid of construction. In the event of this occurrence due to oversight or City Council action, the property owner will be billed accordingly and must submit payment or enter into an installment agreement. Failure to do so will result in the CIAC being placed on the non-ad valorem property tax bill along with interest and collection costs.

b.

The property owner may either pay the CIAC in full or finance the fee as prescribed. Financing the fee requires an annual installment agreement as described in subsection (h)(1)b. above. The CIAC fee shall be due and payable within 180 days from the date the notice of availability is sent to the property owner. After the expiration of 150 days from the date the notice of availability was sent, the city shall send a bill for any unpaid CIAC fees to the property owner of record which states that CIAC fees are due and payable, will become delinquent if not paid in full or financed within 30 days, and shall include a statement that failure to pay in full or consent to finance the fees as a non-ad valorem assessment within the 30-day period or to request, in writing, an opportunity to contest the fees before the City Council, will result in the city using the uniform method of collecting the CIAC fees in accordance with F.S. § 197.3632. The bill shall be delivered to the owner by U.S. Mail, Return Receipt Requested, using the address of the owner as stated on the County Property Appraiser's records, or by hand delivery.

c.

Right to contest Non-ad valorem assessment installment method. Any property owner who desires to contest the imposition of involuntary CIAC non-ad valorem assessment installments must submit a written request to the Director of Financial Services within 30 days from the date the bill for unpaid CIAC fees was mailed or hand delivered by the city. The request shall be scheduled for City Council consideration as soon as practicable. The City Council, after hearing from the property owner and staff, shall determine whether to modify or correct the CIAC fees. The property owner shall have 15 days from the date of the City Council action to pay the full amount of the CIAC fee found by the City Council to be due. Failure to pay the fee in full within said 15-day period shall result in the execution and filing of a Non-ad valorem assessment installment schedule by the City Manager or designee for the amount due.

d.

Imposition of Non-ad valorem assessment installment schedule for delinquent CIAC fees. If the owner has not entered into an annual installment agreement and has not paid the CIAC fees in full within 30 days of the date the bill was mailed or hand delivered, and the owner has not submitted a written request to the city to contest the billing in front of the City Council, or the owner has contested the billing and same are found to be valid by the City Council, the City Manager, or his or her designee, shall execute and record a Non-ad valorem assessment installment schedule against the property for the amount of the CIAC fees remaining due plus a recording fee. The CIAC fees contained in the Non-ad valorem assessment installment schedule shall bear interest at the rate provided for in F.S. § 55.03 for interest on judgments.

e.

Release of lien. For owners who financed the CIAC fee utilizing the legacy lien process and have paid their lien in full, and upon request, the City will prepare a release of lien. The property owner shall be responsible for all fees associated with recording the release of lien.

f.

Other means. Nothing herein shall prohibit the city from utilizing other means to collect delinquent CIAC including, but not limited to, an action for damages filed with the appropriate court in Lee County or collection of the delinquent amount as a non-ad valorem assessment, as follows:

1.

In lieu of foreclosure, any CIAC, which was financed through the legacy lien process and is delinquent by more than six months may be collected as a non-ad valorem assessment pursuant to F.S. § 197.3632.

2.

Amount of Non-Ad Valorem Assessment.

(A)

The non-ad valorem assessment shall include the delinquent CIAC together with interest accrued thereupon, and each annual installment shall include administrative and collection costs, fees and expenses imposed by the county property appraiser or county tax collector under F.S. § 197.3632, and amounts necessary to account for the early payment discount for ad valorem property taxes and non-ad valorem assessments.

(B)

The non-ad valorem assessment shall not include any accrued and unpaid penalties or fines. Upon payment in full of the total amount of the non-ad valorem assessment, any such accrued penalties or fines shall be waived and the city shall prepare a satisfaction or release of lien for the CIAC in the public records.

3.

Intent Resolution. Prior to commencing collection of the non-ad valorem assessment, the city shall adopt a resolution stating the city's intent to use the uniform method of collection and provide notice of its intent to consider such resolution in accordance with F.S. § 197.3632(3).

4.

Initial Assessment Resolution. After adoption of the intent resolution, City Council shall consider an initial assessment resolution. The initial assessment resolution shall at a minimum:

(A)

Describe the parcels subject to the non-ad valorem assessment.

(B)

Describe the schedule for collection of the non-ad valorem assessment in annual installments which, unless determined otherwise in the initial assessment resolution, shall be as follows: Any delinquent amount less than $1,000 may be collected by the city in one annual installment; amounts over $1,000 but less than $2,000 may be collected in three annual installments; and amounts over $2,000 may be collected in five annual installments.

(C)

Schedule a public hearing at a meeting of the City Council, which meeting shall be a regular, adjourned or special meeting, at which to hear objections of all interested persons and to consider adoption of a final assessment resolution approving the non-ad valorem assessment roll.

(D)

Direct City staff to prepare the non-ad valorem assessment roll, publish and mail notice required by F.S. § 197.3632 using information then available from the ad valorem tax roll maintained by the county property appraiser.

5.

Non-Ad Valorem Assessment Roll.

(A)

Upon adoption of the initial assessment resolution, city staff shall prepare a preliminary non-ad valorem assessment roll that contains the following information:

i.

A summary description of each parcel of property (conforming to the description contained on the ad valorem tax roll) subject to the non-ad valorem assessment;

ii.

The name of the owner of record of each parcel, as shown on the ad valorem tax roll;

iii.

The number of equivalent parcels (EPs) and/or equivalent residential units ERUs attributed to each parcel;

(B)

Copies of the initial assessment resolution and the preliminary non-ad valorem assessment roll shall be on file with the City Clerk's Office and open to public inspection.

6.

Notice by Publication. After adoption of the initial assessment resolution, the city shall publish once in a newspaper of general circulation within Lee County a notice stating that at a meeting of the City Council on a certain day and hour, not earlier than 20 calendar days from such publication, which meeting shall be a regular, adjourned or special meeting, the City Council will conduct a public hearing to receive input and objections of all interested persons to the final assessment resolution and approval of the non-ad valorem assessment roll. The published notice shall conform to the requirements set forth in F.S. § 197.3632.

7.

Notice by Mail.

(A)

In addition to the published notice required by this section, the city shall provide notice of the public hearing by first class mail to the owner of each parcel of property subject to the non-ad valorem assessment. The mailed notice shall conform to the requirements set forth in F.S. § 197.3632 and shall be mailed at least 20 calendar days prior to the hearing to each property owner at such address as is shown on the tax roll on the twentieth calendar day prior to the date of mailing. Notice shall be deemed mailed upon delivery thereof to the possession of the U.S. Postal Service.

(B)

The notice shall include, among other things, the intent of the city to collect the non-ad valorem assessment pursuant to the uniform method authorized by F.S. § 197.3632, if not paid in full by the following September 1, or such other date as may be determined in the initial resolution.

(C)

City staff may provide proof of such notice by affidavit. Notwithstanding anything herein to the contrary, notice of a proposed Assessment may be given in any manner authorized by law.

8.

Adoption of Final Assessment Resolution. At the time named in such notices, or to which an adjournment or continuance may be taken, the City Council shall conduct the public hearing to receive written objections and hear testimony of interested persons and may then, or at any subsequent meeting of the City Council, adopt the final assessment resolution which shall:

(A)

Confirm, modify or repeal the initial assessment resolution with such amendments, if any, as may be deemed appropriate by the City Council;

(B)

Approve the non-ad valorem assessment roll, with such amendments as it deems just and right; and

(C)

Direct certification and delivery of the non-ad valorem assessment roll to the county tax collector no later than September 15 of the current year.

9.

Certification of Non-Ad Valorem Assessment Roll. The non-ad valorem assessment roll will be comprised of properties that have had levied against them non-ad valorem assessments under this article, where such assessment has not otherwise been paid in full prior to delivery of the roll to the county tax collector. Prior to certifying the non-ad valorem assessment roll to the county tax collector, City staff shall remove from such roll any parcel for which the assessment has been paid in full.

10.

Annual Assessment Resolution. The City Council shall adopt an annual assessment resolution during its budget adoption process for each fiscal year in which non-ad valorem assessments are imposed hereunder to approve the non-ad valorem assessment roll for such fiscal year. The final assessment resolution shall constitute the annual assessment resolution for the initial fiscal year. The non-ad valorem assessment roll shall be confirmed or amended by the annual assessment resolution to reflect the then applicable annual installment of the non-ad valorem assessment. If a non-ad valorem assessment is imposed hereunder against property not previously subject thereto, the city shall provide mailed notice to the owner of such property in accordance with this section and conduct a public hearing prior to adoption of the annual assessment resolution. Failure to adopt an annual assessment resolution during the budget adoption process may be cured at any time.

11.

Effect of Assessment Resolutions. The adoption of the final assessment resolution or of an annual assessment resolution requiring notice as provided in paragraph 10. above, shall be the final adjudication of the issues presented (including but not limited to adoption of the non-ad valorem assessment roll and the levy and lien of the non-ad valorem assessments), unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of the City Council's adoption of the final assessment resolution. The non-ad valorem assessments for each fiscal year shall be established upon adoption of the annual assessment resolution.

12.

Proceeds of the Non-Ad Valorem Assessments. Proceeds of the non-ad valorem assessments, after payment of fees, costs and expenses associated with collection of the assessments, shall be deposited to the respective trust funds established for the water, wastewater and irrigation CIAC Fees and thereafter applies only to the payment of the cost of expansion of the respective system, and to the payment of any bonds to which the CIAC fees shall have been pledged or may be legally used.

13.

Prepayment. The owners of property subject to a non-ad valorem assessment imposed hereunder may, at their option, prepay the assessment in full at any time; provided, however, that during any period commencing on the date the annual non-ad valorem assessment roll is certified for collection to the county tax collector and ending on the next date on which unpaid ad valorem taxes become delinquent, the city may reduce the amount required to prepay the non-ad valorem assessments imposed against any parcel of property by the amount of the assessment certified for collection with respect to such parcel.

14.

Other Applicable Provisions. Except as otherwise set forth above, non-ad valorem assessments imposed hereunder shall be administered in accordance with Chapter 17, Article III of the City Code. The city shall comply with any other requirements of F.S. § 197.3632.

15.

Collection of Non-Ad Valorem Assessments. The non-ad valorem assessments collected pursuant to this section will be included in the combined notice for ad valorem taxes and non-ad valorem assessments as provided in F.S. § 197.3635, including provisions relating to discount for early payment, prepayment by installment method, deferred payment, penalty for delinquent payment, and issuance and sale of tax certificates and tax deeds for nonpayment.

16.

Agreement to reimburse county property appraiser and county tax collector. In order to use the uniform method for the levy, collection, and enforcement of the non-ad valorem assessments, the city is authorized to enter into a written agreement with the county property appraiser and the county tax collector providing for the reimbursement of their costs incurred in the administration and collection of the non-ad valorem assessments levied under this article.

17.

Additional CIAC. Payment of any non-ad valorem assessment imposed hereunder shall not relieve the owner of affected property from the obligation to pay additional CIAC in the event the property is developed to a greater intensity or if property is combined with original parcel. CIAC will be due for the increased intensity or the additional square footage over the original amount of the non-ad valorem assessment.

(i)

Computation. The aggregate value of contributions in aid of construction required by the city, either in cash or by utility system construction donated to the city, shall be computed and determined as follows:

(1)

On-site facilities

a.

Each developer or owner (hereinafter referred to as developer) shall be responsible for the design, installation, inspection and testing of the complete water and irrigation water distribution and wastewater collection system located in the street or streets and wastewater collection system located in the rights-of-way or easements adjoining or within the boundaries of the developer's property, or the equivalent cost of the same in the event the facilities have been previously designed and/or installed.

b.

The term COMPLETE WATER AND IRRIGATION WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEM, as used herein, shall include all component parts of a water and/or irrigation water distribution system and/or wastewater collection system, including valves, fittings, laterals, hydrants and all appurtenances as shown upon the approved design of the water distribution system. The wastewater collection system shall include all collection lines, manholes, lift stations, and all other appurtenances as shown upon the approved design for the installation of the wastewater collection system.

c.

The city's requirement for the installation of oversized system components located on the developer's property and designed to provide service for other properties, shall be the subject of a refunding agreement as set forth hereafter in this extension policy.

(2)

Off-site water and irrigation water distribution and wastewater collection system/hydraulic share.

a.

The location, size or proposed density of the developer's property may make service to the property dependent upon the extension of off-site water and irrigation water distribution and wastewater collection systems. For the purpose of this extension policy, the term OFF-SITE shall be defined as those components of the water and irrigation water transmission system, and/or wastewater collection system necessary to connect the developer's property with city's component of the system which is adequate in size to transmit to the developer's property a quantity of water and irrigation water under adequate pressure and/or transmit wastewater collected on the developer's property to the treatment plant or disposal site of the city.

b.

The physical location of the off-site components of the system may, in fact, be within the geographic boundaries of the developer's property, however, the geographic location shall not change the character of the off-site components of the system since the same relates to major water and irrigation water transmission and wastewater collection system serving major developed areas or more than one developer's property.

c.

It is the city's policy to apportion the cost of the water and irrigation water transmission and wastewater collection system pro rata against the properties receiving service from the components of the system located off-site as to the developer's property. For pro- rata cost apportionment, undeveloped properties will be treated as a unit of equivalent parcel (EP).

d.

Since each developer draws from the hydraulic capacity of the system, the city will require that the developer pay his or her property's hydraulic share of the cost of the off-site water and irrigation water transmission and wastewater collection system through which service is rendered to the developer's property. This portion of the city's extension policy is referred to as the developer's "hydraulic share of off-site facilities".

e.

It is further declared and established that the city will compute the hydraulic share of off-site components of the system based upon three major factors which will contribute to the engineering determination:

1.

The number of required equivalent parcels (EPs) as determined by a professional engineer's (PE) design.

2.

The density and estimated consumption to be generated from the property as it is proposed to be developed; and

3.

Related fire flow requirements.

f.

The city further declares that the charge for the developer's hydraulic share of off-site component of the system will be applicable to the developer's property whether or not the water and irrigation water transmission and wastewater collection system have been previously constructed. It is the intent of this section to apportion the cost of the components of the water and irrigation water transmission and wastewater collection system on a fair share basis irrespective of whether the water and irrigation water transmission and wastewater collection systems have been previously constructed or are proposed to be constructed.

g.

Developers may be required to advance all or a portion of the water, wastewater and irrigation transmission or distribution systems in order to provide a physical interconnection of the developer's property with the city's system at their then present terminus. Any offsite improvements that do not serve other parcels shall be the sole responsibility of the developer. The eventualities are covered by provisions in this extension policy in § 19-66.

(j)

CIAC paid as non-ad valorem assessments. As an alternative to payment of the CIAC in installments as provided in paragraph (h) above, and notwithstanding anything in this chapter to the contrary, the city may collect the CIAC as non-ad valorem assessments pursuant to F.S. § 197.3632; provided, however, that the city shall not be required to follow the public hearing and notice process set forth in F.S. § 197.3632(4) if the owner of the property provides written consent for the non-ad valorem assessment in accordance with F.S. § 197.3632(4)(a)(3).

(Ord. 24-75, § 2, 5-5-1975; Ord. 63-89, 10-10-1989; Ord. 17-93, 5-10-1993; Ord. 49-96, 9-24-1996; Ord. 44-11, 8-22-2011; Ord. 8-13, § 2, 2-25-2013; Ord. 108-22, § 3, 1-11-2023)

(Ord. 49-96, 9-24-1996)

(a)

This policy further recognizes that the major portion of the area of the city has been previously subdivided into building sites and sold to individuals for investment or later use as sites for the construction of single-family dwellings. The circumstances limit the likelihood of developer oriented projects where one corporate or individual entity motivates the extension of utility facilities to a substantial number of sites. Conversely, limited areas of development are already represented by a multiplicity of owners who will be likely to improve individual sites in accordance with individual timetables.

(b)

Based upon the aforesaid circumstances, the city anticipates that it may, from time to time, extend its water distribution and wastewater collection system into areas of the city where demands for the services have reached reasonable levels in relation to undeveloped sites, or the extensions may be as a result of a declaration by other regulatory agencies declaring the need for the extension to be one of the public health or environmental concern.

(Ord. 63-89, 10-10-1989)

(c)

In such instances, the city may elect to extend such facilities by the assessment method. In assessing properties to be improved by the extension of water and/or sewer facilities, the principles of this extension policy shall prevail in that the assessment shall be based upon the pro rata cost to each improved property of the on-site and off-site facilities properly allocable to each building site. In any such assessment program, one specified sum shall be assessed against each site which will include allocation of cost or both on-site and off-site facilities, engineering design and inspection fees, restoration and financing costs. The programs will be undertaken by the City Council consistent with applicable provisions of the state statutes and municipal law.

(Ord. 24-75, § 4, 5-5-1975)

(a)

The city shall maintain as-built information on its water and sewer facilities in its office or in the office of its designated representatives for the purpose of providing reasonable information concerning the location of its water and sewer facilities.

(b)

The city shall install all meters upon the request of prospective consumers providing that contributions in aid of construction, as described herein, and meter installation fees, as set forth in § 19-39 of this code, have been paid in accordance with the provisions of this extension policy.

(c)

In instances where the city undertakes the installation of water distribution, wastewater collection and/or irrigation water lines, at the cost and expense of the developer, in lieu of the developer's installation of the facilities, or in connection with an assessment program, the city will provide laterals for water and sewer service to the developer's lot line ready for the plumber's hookup and the installation of meters, subject to the following:

(1)

The city will design and install such laterals based upon then-current parcel boundaries and is not required to consider future or potential use of affected parcels.

(2)

Thereafter, if additional laterals are required to meet city utility specifications as a result of development or redevelopment of the parcel, or the previously installed lateral(s) must be replaced, relocated or improved as a result of parcel reconfiguration (e.g., lot splits or recombination), the parcel owner(s) shall be responsible for all costs associated with the design and construction of the new, relocated or improved laterals including the costs of abandoning any existing lateral, if abandonment is required by city utility specifications.

(3)

The responsibility of the parcel owner to pay such costs shall apply in any instance where (i) the affected parcel is charged or has previously paid an assessment, CIAC fee or any other utility fee or charge intended to fully fund the parcel's proportionate share of utility facilities required to serve the parcel, (ii) service laterals were installed based on then-current lot lines, and (iii) thereafter, development or redevelopment of the parcel requires additional laterals or the parcel is subdivided or combined with other parcels such that the existing laterals must be replaced, relocated or improved in order to provide utility service.

(4)

No refund or credit for assessments, CIAC fees, or any other utility fee or charges previously paid on behalf of the affected parcel(s) shall be given by the city in the event development or redevelopment of the parcel(s) necessitates additional laterals or replacement, relocation or improvement of existing laterals is required for utility service as a result of parcel subdivision or combination, and the full balance of any assessment then being collected in installments shall remain due and payable notwithstanding the installation of new, relocated or improved laterals at the owner's expense.

(Ord. 24-75, § 5, 5-5-1975; Ord. 49-96, 9-24-1996; Ord. 53-20, § 1, 8-17-2020)

It shall be the developer's obligation to furnish to the city, accurate information with regard to matters of engineering, construction of buildings and dwellings and proposed densities. The developer is responsible for errors or changes in engineering information furnished to the city when the error or change results in increased cost to the city for any construction which the city may undertake in connection with installing water distribution or wastewater collection, or irrigation water facilities or which would necessitate a new design or redesign of water distribution, wastewater collection or irrigation water plans.

(Ord. 24-75, § 6, 5-5-1975; Ord. 63-89, 10-10-1989; Ord. 49-96, 9-24-1996)

As a prerequisite to the construction of any water distribution, wastewater collection or irrigation water system proposed to be connected to the facilities of the city, the developer shall grant to the city such easements or rights-of-way corresponding with the installation of the proposed facilities. The grant or conveyance shall be in form satisfactory to the City Attorney. The conveyances, when located on the property of the developer, shall be made without cost to the city. The city reserves the right to require the easement or right-of-way to the point at which the meter is proposed to be installed or at the "point of delivery of service," being the point at which the facilities of the city join with the consumer's own installation.

(Ord. 24-75, § 7, 5-5-1975; Ord. 63-89, 10-10-1989; Ord. 49-96, 9-24-1996)

The city may recognize the design of water, sewer and/or irrigation water facilities prepared by a registered professional engineer regularly engaged in the field of sanitary engineering, covering the design of the developer's on-site water distribution, wastewater collection and/or irrigation water systems. Provided, however, that each such design shall be fully subject to the approval of the city's Utilities Department and shall conform in all respects to the criteria of the city governing the installation of utility facilities ultimately to be accepted by the city for ownership, operation and maintenance. The city reserves the right to charge a fee commensurate with the cost to the city of reviewing the engineering plans and furnishing to the developer's engineer various information regarding location and criteria. The fee shall not exceed 1% of the estimated cost of construction of the subject utility facilities; provided, however, a minimum fee of $50 shall apply to all projects. All designs of water distribution, wastewater collection and/or irrigation water facilities are, at all times, subject to the approval of other governmental agencies having jurisdiction over the design. The city reserves the right to have its engineer prepare any design and in such cases the cost of the design shall be borne by the developer.

(Ord. 24-75, § 8, 5-5-1975; Ord. 63-89, 10-10-1989; Ord. 49-96, 9-24-1996; Ord. 44-11, 8-22-2011)

(a)

The city reserves the right to inspect the installation of all water distribution or wastewater collection and/or irrigation water facilities installed by the developer or the developer's contractors, which facilities are proposed to be transferred to the city for ownership, operation and control. The inspection is designed to assure the city that water, sewer, irrigation water lines and/or lift stations are installed in accordance with approved designs and are further consistent with the criteria and specifications governing the kind and quality of the installation. The city further reserves the right to be present at tests of component parts of water distribution, wastewater collection and/or irrigation water systems for the purpose of determining that the system, as constructed, conforms to the city's criteria for exfiltration, infiltration, pressure testing, line and grade. The tests will be performed by the developer or the developer's contractor, but only under the direct supervision of the city's engineer or authorized inspector.

(Ord. 63-89, 10-10-1989; Ord. 49-96, 9-24-1996)

(b)

The city reserves the right to charge an inspection fee not to exceed 4% of the cost, either actual or estimated, of the subject water, sewer and/or irrigation water facilities as installed by the developer. The city maintains full-time inspection availability and the cost for inspection services as set forth herein is and shall continue to be designed to defray the actual cost of conducting the inspections and testing. The utility facilities referred to in this paragraph and subject to the inspection fee shall be those facilities which are ultimately to be transferred to the city for ownership, operation and maintenance. Nothing herein is intended to alter or amend the city's permit or fee basis for the inspection of plumbing installations.

(Ord. 24-75, § 9, 5-5-1975; Ord. 49-96, 9-24-1996)

(a)

It shall be the responsibility of the developer or its plumbing contractor to connect the developer's plumbing installation with the wastewater collection facilities of the city. This connection is generally made at the point of delivery of service as defined in § 19-60. The city reserves the right to inspect all such connections to be assured that the same are properly made in accordance with the city's rules governing such connections and that the connection, as made, is free from infiltration. The city maintains inspection personnel for the purpose of inspecting these plumbing hookups and will provide the inspection service for the developer without cost, save and except for plumbing permits and fees not covered by this article.

(Ord. 63-89, 10-10-1989)

(b)

The developer shall be required to notify the city of any proposed interconnection with the facilities of the city and connection may be made without the presence of the city's inspector. However, the connection shall remain open until inspected by the city and until notice of the approval of the connection is furnished to the developer in accordance with the practices and procedures of the city. Any plumber's connection covered over without the benefit of inspection will result in the developer being required to reopen the connection for subsequent inspection.

(Ord. 24-75, § 10, 5-5-1975)

The city will charge to each prospective consumer requesting water service a meter installation fee to defray the city's cost of the meter, meter appurtenances and cost of installation. The meter installation fee shall be in accordance with the meter installation fee schedule published by the city. The city will require the payment of the meter installation fee concurrently with the request by prospective consumers for the meter installation. The meter installation fee shall be charged only one time for the installation of a meter of any one location; provided, however, that requests to exchange existing meters for meters of a larger size will result in a charge to the prospective consumer of the difference between the existing smaller size meter and the requested larger size meter. Meter installation fees for meters of a large size, special type or requiring vault installation, not shown on the city's published schedule, shall be determined by the City Engineer.

(Ord. 24-75, § 11, 5-5-1975)

(a)

Each developer who has constructed portions of the water distribution, wastewater collection and/or irrigation water system comprising an integral part of the city's system, prior to interconnection with the city's existing facilities, shall convey the component parts of the water distribution, wastewater collection and/or irrigation water system to the city by bill of sale in form satisfactory to the City Attorney, together with the evidence as may be required by the city that the water distribution system proposed to be transferred to the city is free of all liens and encumbrances.

(Ord. 63-89, 10-10-1989)

(b)

Any facilities in the category of "consumer's lines" or "plumber's lines" located on the discharge side of the water meter or on the consumer's side of the point of delivery of service shall not be transferred to the city and shall remain the property of the developer, a subsequent owner/occupant or their successors and assigns. The consumer's lines or plumber's lines shall remain the maintenance responsibility of the developer or subsequent consumers.

(c)

The city shall not be required to accept ownership to any component part of the water distribution, wastewater collection and/or irrigation water system as constructed by the developer until the city's engineer has approved the construction of the lines, accepted the tests to determine that the construction is in accordance with the criteria established by the city and thereby has evidenced its acceptance of such lines for the city's ownership, operation and maintenance.

(Ord. 63-89, 10-10-1989; Ord. 49-96, 9-24-1996)

(d)

The city reserves the right to refuse connection and to deny the commencement of service to any consumer seeking to be connected to portions of the water distribution, wastewater collection and/or irrigation water system installed by the developer until such time as the provisions of this section have been fully met by the developer or the developer's successors or assigns.

(Ord. 24-75, § 12, 5-5-1975; Ord. 63-89, 10-10-1989)

(a)

The city may require, or the development of the developer's property may require, in a manner to conform with the city's master plan for utility installations, that the developer install certain utility facilities which provide service or have the future capability of providing service to adjoining or surrounding properties. It is the intent of this extension policy that the on-site, internal or abutting facilities installed by developers ultimately reflect a cost to the developer commensurate with the developer's use of the facilities. Whenever the developer is required to install on-site, internal or abutting facilities which provide service or contain the capability of providing future service to other properties, it shall be considered that the developer, by the installation of the facilities, has paid a refundable advance on behalf of the owners of the other properties served by the developer's installation. In such cases, the city shall calculate the extent of the developer's installation applicable to other property owners and the city shall, by agreement with the developer, establish the fair and proportionate charge applicable to other properties receiving or potentially receiving service from the developer's installation and the city shall collect from such other property owners, at such time as the property owners seek actual service, the appropriate share of the developer's installation and shall refund the same to the developer in accordance with the plan set forth in the refunding agreement.

(b)

In similar manner, the city may require, in addition to the contribution provisions set forth herein, a refundable advance by the developer to further temporarily defray the cost of any off-site extension of water and/or sewer mains and pumping stations necessary to connect the developer's property with the then terminus of the city's water and sewer facilities adequate in size to provide service to the subject property. As set forth elsewhere in this extension policy, the developer shall always be responsible for its hydraulic share of the cost of off-site facilities. However, this extension policy recognizes instances in which a developer may be required to advance the hydraulic share applicable to other undeveloped property in order that off-site facilities may be constructed to serve the developer's property and at the same time be size in accordance with the city's master plan. All amounts expended by the developer, in cash or by installation of facilities, over and above the developer's hydraulic share shall be sized in accordance with the city's master plan. All amounts refunded to the developer shall be in accordance with the terms and conditions of a refunding agreement which the city will execute with the developer. The refund agreement shall provide for a plan of refund based upon the connection of other properties, to the extent of their hydraulic share, which properties will be served by the off-site facilities installed by the developer. Notwithstanding the provisions of this section the city may limit the life of the refund agreement to a term of not less than ten years, after which time any portion of the refund not made to the developer by the terms and conditions of the refund agreement will have lapsed and thereafter, the refund agreement will be canceled. In no event shall the developer recover an amount greater than the difference between the capitalized cost of the off-site improvements and the developer's own hydraulic share of the improvements. The city shall not include any interest upon the refund of the developer's advance.

(Ord. 97-21, § 1, 2-2-2022)

(c)

The city may require, or the development of the developer's property may require, the developer to install larger diameter potable water main than currently exist to meet current fire hydrant spacing or fire flow requirements, or both. Whenever existing potable water mains are required to be enlarged (up-sized) to meet current fire code regulations for developer's property, and which provide fire service or contain the capability of providing future fire service to adjoining, redeveloped, or surrounding properties, it shall be considered that the developer, by the installation of the facilities, has paid a refundable advance on behalf of the owners of the other properties served by the developer's installation. In such cases, the city shall calculate the extent of the developer's installation applicable to other property owners and the city shall, by agreement with the developer, establish the fair and proportionate charge applicable to other properties receiving or potentially receiving service from the developer's installation and the city shall collect from such other property owners, at such time as the property owners seek actual service, the appropriate share of the developer's installation and shall refund the same to the developer in accordance with the plan set forth in the refunding agreement. Fire and rescue impact fee credits shall not be provided for single-family dwellings or duplexes.

(d)

The developer shall always be responsible for its hydraulic share of the cost of off-site facilities when providing enlarged potable water mains to meet current fire code regulations for developer's property. However, this extension policy recognizes instances in which a developer may be required to advance the hydraulic share applicable to other undeveloped or redeveloped property in order that off-site facilities may be constructed to serve the developer's property and at the same time be sized in accordance with the city's master plan. All amounts expended by the developer, in cash or by installation of facilities, over and above the developer's hydraulic share shall be sized in accordance with the city's master plan. All amounts refunded to the developer shall be in accordance with the terms and conditions of a refunding agreement which the city will execute with the developer. The refunding agreement shall provide for a potential refund based upon the connection of other commercial or multi-family properties that may be required to connect to meet fire code regulations, to the extent of their hydraulic share, which properties will be served by the off-site facilities installed by the developer. Notwithstanding the provisions of this section, the city may limit the life of the refund agreement to a term of not less than ten years, after which time any portion of the refund not made to the developer by the terms and conditions of the refund agreement will have lapsed and thereafter, the refund agreement will be canceled. In no event shall the developer recover an amount greater than the difference between the capitalized cost of the off-site improvements and the developer's own hydraulic share of the improvements. The city shall not include any interest upon the refund of the developer's advance.

(e)

As an alternative to a refundable advance provided above, and at the option of the developer, the following types of development projects that require a developer to install certain utility facilities which provide service or have the future capability of providing service to adjoining or surrounding properties are eligible to receive a refund as provided below. The types of developments or Uses, as listed in the Use Table or defined within the City of Cape Coral's Land Development Code (LDC), and if not listed in the Use Table or defined within the LDC, the development or Use shall have its ordinary and common meaning, that shall qualify for a refund are:

(1)

Life Science Uses: biotechnology, pharmaceutical, medical devices.

(2)

Information technology, telecommunications, communications, and cybersecurity.

(3)

Financial and Professional services: banking, insurance, securities and investments, corporate/regional headquarters, medical, engineering, legal, accounting, and consulting.

(4)

Logistics and distribution.

(5)

Light Industry and Manufacturing.

The city shall calculate the extent of the developer's utility installation applicable to other property owners and the city shall, by agreement with the developer, establish the fair and proportionate charge applicable to other properties receiving or potentially receiving service from the developer's installation. Developer shall be required to submit an engineer's estimate of probable construction cost prior to construction. The engineer's cost estimate shall be used as the basis to determine the maximum amount of the potential refund as set forth in the refund agreement. The developer shall provide to the city final construction invoices for the city's review and approval. The actual amount refunded shall not exceed the amount provided in the agreement and may be less depending on actual cost. As set forth elsewhere in this extension policy, the developer shall always be responsible for its hydraulic share of the cost of off-site facilities. Additionally, Contribution In Aid of Construction (CIAC) fees due from developer shall be deducted from the amount refunded. Payment shall be made by the city upon the issuance of a certificate of occupancy for all structures on developer's approved site plan.

(Ord. 24-75, § 13, 5-5-1975; Ord. No. 34-17, § 2, 10-16-2017; Ord. 97-21, § 1, 2-2-2022)

(a)

The city reserves the right to amend this extension policy, from time to time, as the needs of the city and the proper apparition of the utility systems may dictate. Holders of copies of this extension policy are on notice to request amendments hereto or determine the existence or nonexistence of the amendments before drawing conclusions with regard to the meaning and implication of the matters contained herein.

(b)

The city shall maintain ample copies of this extension policy at the offices of the Utilities Department, where the same shall be available to any interested party upon request.

(Ord. 24-75, §§ 13, 14, 5-5-1975; Ord. 44-11, 8-22-2011)

(a)

This article shall be known as may be cited as the "City of Cape Coral Water and Sewer System Regulatory Ordinance".

(b)

The City Council of the City of Cape Coral shall have the exclusive jurisdiction over each water and sewer utility with respect to its authority, service availability, rates, connection charges, issue and sale of its securities and debt maturing more than 12 months after date of issue.

(c)

The regulation of water and sewer utilities is declared to be in the public interest, and this article is an exercise of the police power of the city for the protection of the public health, safety and welfare. The provisions of this article shall be liberally construed for the accomplishment of this purpose.

(Ord. 24-73, § 1.01, 11-26-1973)

As used in this article, the following words or terms shall have the meanings indicated.

COUNCIL. The City Council of the City of Cape Coral, Lee County, Florida.

FRANCHISE. Written authority from the Council to a water/sewer utility to provide service in a specific territory.

SYSTEM. Property, plant and equipment used or useful in providing service to the public.

TERRITORY. The geographical area described in a franchise, within which utility service is authorized.

UTILITY.

(1)

Water/sewer utility and includes every person, firm, corporation, lessee, trustee or receiver owning, operating, managing or controlling a system or proposing construction of a system, who is providing or proposes to provide water or sewer service to the public for compensation.

(2)

Not subject to regulation by the Council, as a utility, is the sale, distribution or furnishing of bottled water or the removal of waste matter from septic tanks located on private property.

(Ord. 24-73, § 2.01, 11-26-1973; Ord. 52-23, § 9, adopted 6-7-2023)

Within 30 days after the adoption of this article, each utility shall register by filing with the Council a written statement setting forth the full legal name of the utility and its mailing address.

(Ord. 24-73, § 3.01, 11-26-1973)

Each utility shall obtain a franchise authorizing it to provide service within the municipal boundaries of the City of Cape Coral, Florida.

(Ord. 24-73, § 3.02, 11-26-1973)

Each applicant for franchise shall:

(a)

Provide application required by the Council, which may include a detailed inquiry into the ability of the applicant to provide service, the territory and facilities involved, the need for the service and the existence or non-existence of service from other sources within geographic proximity to the applied for territory.

(b)

File with the Council, schedules showing all rates, classifications and charges for service and service availability of every kind furnished or proposed to be furnished by it and all rules, regulations and contracts relating thereto.

(Ord. 24-73, § 3.03, 11-26-1973)

Each utility providing service on the effective date of this article [November 26, 1973] shall be entitled to receive a franchise, upon application made, pursuant to the provisions of § 19-72, for the territory to which service is provided or has been made available on the date.

(Ord. 24-73, § 3.04, 11-26-1973)

(a)

The Council shall, within 60 days following the filing by the applicant of the information required in § 19-72(a) and (b), hold a public hearing upon the application, at which time the applicant and the public shall be fully heard on the matter.

(b)

The Council may grant in whole or in part, or with modifications, in the public interest, or deny the application, provided that the Council shall not grant a franchise for a proposed system, or for the extension of an existing system, which will be in competition with or duplication of any other system or portion of a system, unless it shall first determine that such other system or portion thereof is inadequate to meet the reasonable needs of the public or that the person operating the system is unable, refuses or neglects, after hearing upon reasonable notice, to provide reasonably adequate service.

(Ord. 24-73, § 3.05, 11-26-1973)

(a)

A utility may request permission to extend its service outside of territory described in its franchise. Applications for extension of territory shall be filed with the Council in the same manner and containing the same information as required in § 19-72(a).

(b)

The Council shall conduct a public hearing on the application in the manner as provided in § 19-74(a).

(Ord. 24-73, § 3.06, 11-26-1973)

(a)

No utility shall sell, assign or transfer all or any portion of its franchise or facilities, or majority organizational control thereof, without determination and approval of the Council that the proposed sale, assignment or transfer is in the public interest.

(b)

Application for proposed sale, assignment or transfer shall be made in the same manner and by furnishing the same information as required by § 19-72(a); the information being filed by the proposed purchaser, assignee or transferee.

(c)

Council shall conduct a public hearing on the application as provided in § 19-74(a).

(Ord. 24-73, § 4.01, 11-26-1973)

(a)

All rates and charges being charged and collected by a utility on the date that regulator jurisdiction was conferred upon the City of Cape Coral shall be the lawful rates and charges and shall be changed only by prior approval of the Council.

(b)

The Council shall, after notice and hearing, either upon request or upon its own motion, fix rates or charges which are just, reasonable, compensatory and not unjustly discriminatory. In all such proceedings, the Council shall consider the value and quality of service and the cost of providing the service which shall include, but not be limited to, debt interest, depreciation, taxes, maintenance and operating expenses necessarily incurred in the operation of that property which is honestly and prudently used and useful in the public service, and a fair return on the value of the utility's investment, honestly and prudently made in property used and useful in the public service. The Council shall also consider the utility's investment in treatment facilities required by duly authorized governmental authority to be constructed in the public interest within a reasonable time in the future, not to exceed 24 months.

(c)

Applications for rate or charge changes shall be accompanied by information, exhibits and schedules as shall be reasonably required by the Council in a determination of the pending matter.

(Ord. 24-73, § 6.01, 11-26-1973)

If any request for service of a utility shall be for a new class of service not provided for in the filings required by § 19-86(a), the utility may furnish the new class of service and fix and charge just, reasonable, nondiscriminatory and compensatory rates or charges therefor. A schedule of rates or charges so fixed shall be filed with the Council within ten days after the service is furnished. The Council may approve such rates or charges as filed, or, after hearing, may approve such other rates or charges for the new class of service which it finds are just, reasonable, nondiscriminatory and compensatory.

(Ord. 24-73, § 6.02, 11-26-1973)

Charges and conditions made by a utility for service availability shall be just, reasonable and nondiscriminatory. The Council shall, upon request, or upon its own motion, investigate agreements or proposals for charges and conditions made or proposed to be made by a utility to obtain the availability of its service. The Council shall, after notice and hearing, set just, reasonable and nondiscriminatory charges to be charged by the utility and conditions under which service shall be made available.

(Ord. 24-73, § 7.01, 11-26-1973)

(a)

Each utility shall provide service to the territory described in its franchise within a reasonable time after bona fide request for such service. If the Council shall find, after notice and hearing, that the utility has failed to provide service to any person reasonably entitled thereto, the Council may amend the franchise to delete the territory not served or not properly served by the utility.

(b)

The utility shall provide to each person reasonably entitled thereto, the safe, efficient and sufficient service as is prescribed by F.A.C. Chapter 10D-4 and F.A.C. Chapter 17-14, including amendments thereto, or other standards of serviced promulgated by the Legislature of the State of Florida and legally valid pronouncements of agencies of the State of Florida having regulatory jurisdiction thereof.

(Ord. 24-73, § 8.01, 11-26-1973)

(a)

In the exercise of its jurisdiction, the Council shall have powers:

(1)

To prescribe fair and reasonable rates and charges, classifications, standards of quality and measurements, and service rules and regulations to be observed by each utility;

(2)

To prescribe uniform system and classification of accounts for all utilities, which among other things, shall establish adequate, fair and reasonable depreciation rates and charges;

(3)

To require the filing by each utility of periodic reports and all other reasonable necessary information;

(4)

To require repairs, improvements, additions and extensions to the plant and equipment of any utility reasonably necessary to promote the convenience and welfare of the public and secure sufficient service or facilities for those reasonably entitled thereto in the territory described in the franchise;

(5)

To employ and fix the compensation for the technical, legal and clerical employees as it deems necessary to carry out the provisions of this article;

(6)

To prescribe all rules and regulations reasonably necessary and appropriate for the administration and enforcement of this article; and

(7)

To exercise all judicial powers, issue all writs and do things necessary or convenient to the full and complete exercise of its jurisdiction and the enforcement of its orders and requirements.

(b)

The Council may provide for the examination and testing of all appliances used for measuring any product or service of a utility. Any customer or user may have any such appliance tested by the utility upon payment of the fee fixed by the Council.

(c)

The Council, or its duly authorized representatives, may, during all reasonable hours, enter upon any premises occupied by any utility and may set up and use thereon, all necessary apparatus and appliances for the purpose of making investigations, inspections, examinations and tests, and exercising any power conferred by this article. The utility shall have the right to be notified of and be represented at the making of the investigations, inspections, examinations and test.

(d)

The Council shall not require a utility to provide service for resale, but any utility which provides service for resale shall provide the service upon terms and conditions established by the Council and no utility shall discontinue the service without the approval of the Council.

(Ord. 24-73, § 9.01, 11-26-1973)

Any utility or any person in interest dissatisfied with any order of the Council may have it reviewed by a court of competent jurisdiction as may be provided by law.

(Ord. 24-73, § 10.01, 11-26-1973)

Every utility shall, on or before March 15 in every year, report to the Council, under oath of one of its officers, the total amount of the gross receipts derived by it in the immediately preceding period of January l to December 31, inclusive, from utility business done within the franchised territory. At the time of so reporting, every utility shall pay to the city, a gross receipts tax in the amount of $1.50 for each $100 or fraction thereof of the gross receipts. If any utility fails to make a report and pay the tax, the Council, after giving at least five days' written notice to the utility, shall estimate the amount of the gross receipts from such information as it may be able to obtain from any source and shall add 10% of the amount of the tax as a penalty and shall proceed to collect the tax and penalty, together with all costs of collection thereof, in the same manner as other delinquent taxes are collected; provided, however, that no penalty shall be added to the tax in the event a return is made and the amount of the tax is paid before the expiration of the time fixed in the notice given by the Council. The Council may audit the reports and, upon demand, every utility shall submit all of its records, papers, books and accounts to the Council or its representatives for audit.

(Ord. 24-73, § 11.01, 11-26-1973)

If any utility, by any authorized officer, agent or employee, shall knowingly refuse to comply with or willfully violate any provision of this article or any lawful rate, charge, rule or regulation, order, direction, demand or requirement prescribed by the Council, the utility shall incur a penalty for each such offense of not more than $500, to be fixed, imposed and collected by the Council. Penalties, pursuant to the provisions of this section, may be enforced by the Council in any manner provided by law.

(Ord. 24-73, § 12.01, 11-26-1973)

This article shall apply to all water resources management activities within the corporate limits of Cape Coral. This article applies to all new residential and commercial automatic irrigation systems, whether operated automatically or manually, and to modifications of $2,500 or more to existing irrigation systems. This article applies to irrigation systems regardless of whether irrigation systems were installed by property owners, licensed irrigation professional or any other person. This article applies to all irrigation systems using water sources, including, but not limited to: reclaimed water, potable water, well water, surface water, stormwater, gray water, and rainwater collection or harvesting system. This article applies to irrigation systems installed in common areas and open space within residential and commercial developments, as well as individual landscaped areas. The standards in this article do not apply to temporary establishment irrigation used for new vegetation. This article shall govern the materials, design, construction and installation of turf and landscape irrigation system that apply to potable water or non-potable water by means of a permanent above ground or subsurface sprinkler or micro-sprinkler equipment that move water through various means of mechanical pressure. Nothing contained in this article shall be deemed to require any irrigation system or part thereof, which existed prior to be changed altered or modified to meet the standards of this article.

(Ord. 11-12, 5-7-2012; Ord. 46-23, § 1, 6-7-2023)

As much as 50 percent of water used outdoors is lost due to wind, evaporation and runoff caused by inefficient irrigation methods and systems. It is the intent and purpose of this article to provide means to alleviate such condition by improving the long-term sustainability of the water resources, providing an ongoing water conservation program, increase water use efficiency, and prevent and curtail wasteful water use practices. The city has been a leader in water conservation efforts through the beneficial reuse of reclaimed water from its wastewater reclamation facilities augmented by the city's fresh water canal system for the purposes of outdoor water uses. In a continuing effort to conserve the city's water resources, in the best interests of its citizens, this article is established to reasonably and equitably allocate available water supplies and establish an Emergency Water Conservation Plan, to increase irrigation efficiency and limit harmful nutrient run-off.

(Ord. 11-12, 5-7-2012; Ord. 46-23, § 1, 6-7-2023)

As used in this article, the following words and terms shall have the following meaning unless some other meaning is plainly intended.

APPLICATION RATE. The average rate at which water is applied by an irrigation system, also sometimes called precipitation rate. Units are typically inches/hour or millimeters/hour.

AUTOMATIC IRRIGATION SYSTEM. An irrigation system designed to operate following a preset program entered into an automatic controller.

BACKFLOW PREVENTION DEVICE. An approved safety device used to prevent pollution or contamination of the irrigation water supply due to backflow from the irrigation system.

CONTROLLER. The timing mechanism and its mounting box. The controller signals the automatic valves to open and close on a pre-set program or based on sensor readings.

DESIGN. Irrigation system design is defined as the science and art of properly selecting and applying all components within the system.

DISTRIBUTION UNIFORMITY (DU). A measure of how uniformly water is applied to the area being watered, expressed as a ratio. The most common measure of DU is the low quarter DU expressed as Dulq, which is the measure of the average of the lowest quarter of samples, divided by the average of all samples. A value of ≥ .70 is considered acceptable.

HEAD. A sprinkler head. Sometimes used interchangeably with an in conjunction with "sprinkler."

IRRIGATION. Use of water for watering lawns, shrubs, trees, bushes and other landscaping, and washing of cars, trailers, boats, mobile homes, trucks or any other equipment normally washed outside or in a garage. Application of water by artificial means, that is, means other than natural precipitation. Irrigation is used to supply crop water requirements, leach salts, apply chemicals, and for environmental control including crop cooling and freeze protection.

IRRIGATION SYSTEM. A set of components that may include the water source, water distribution network, control components, and other general irrigation equipment which has been installed to provide irrigation.

IRRIGATION WATER. Any and all water on or beneath the surface of the ground within the geographical boundaries of the city used for outdoor irrigation.

IRRIGATION WATER REQUIREMENT OR IRRIGATION REQUIREMENT. The quantity of water that is required for crop production, exclusive of effective rainfall.

LANDSCAPE. Refers to any and all areas which are ornamentally planted, including but not limited to turf, ground covers, flowers, shrubs, trees, and similar plant materials as opposed to agricultural crops grown and harvested for monetary return.

LANDSCAPED AREA. The entire parcel less the building footprint, driveways, hardscapes such as decks and patios, and other non-planted areas. Water features are included in the calculation of the landscaped area. Landscaped area includes Florida-Friendly landscaped areas.

LATERAL. The water delivery pipeline that supplies water to the emitters or sprinklers from a manifold or header pipeline downstream of the control valve.

LICENSED IRRIGATION CONTRACTOR. An irrigation specialty contractor who obtains a local license if applicable, or Irrigation Specialty License from the Florida Construction Industry Licensing Board and maintains continuing education requirements.

LOW VOLUME HAND WATERING. Hand watering by one person with one hose fitted with a self-cancelling or automatic shutoff nozzle or both.

LOW VOLUME IRRIGATION. Refers to the use of devices specifically designed to both strictly limit the volume of water being applied and efficiently deliver that water within the root zone of the plant.

MANIFOLD. The water delivery pipeline that conveys water from the main or submain pipelines to the laterals. Also sometimes called a header pipeline.

MICRO-IRRIGATION. The frequent application of small quantities of water directly on or below the soil surface or plant root zone, usually as discrete drops, tiny streams, or miniature sprays through emitters placed along the water delivery pipes. Micro-irrigation encompasses a number of methods or concepts, including drip, subsurface, bubbler and micro-spray irrigation, previously known as trickle irrigation. Micro-irrigation is typically a form of low volume irrigation.

MODIFICATION. Any modification to existing irrigation systems such that $2,500 or more in labor and material based on invoice value is replaced or altered.

PERSON. Any person, firm, partnership, association, corporation, company or organization of any kind.

POTABLE WATER. Water which is suitable in quality for human consumption and meets the requirements of the Health Authority having jurisdiction.

REPAIRS. A repair is replacing a damaged/defective item in the irrigation system per the existing installation.

SLEEVE. A pipe used to enclose other pipes, wire, or tubing; usually under pavement, sidewalks, or planters.

SPRAY IRRIGATION. The micro irrigation application of water to the soil or plant surface by low flow rate sprays or mists.

SPRINKLER. The sprinkler head. Sometimes called "head."

SUPPLY (WATER SOURCE). The origin of the water used in the irrigation system.

TEMPORARY ESTABLISHMENT IRRIGATION. The temporary use of irrigation for the establishment of new vegetation once the plants are established or within 30 days, whichever occurs first.

WATER SHORTAGE. The situation within all or part of the city where insufficient water is available to meet the requirements of the city or when conditions are such as to require a temporary reduction in total use within the area to protect water resources from serious harm.

WORKING PRESSURE. The pressure that a pipe, tubing, nozzle or working part is under during standard operating conditions.

(Ord. 11-12, 5-7-2012; Ord. 46-23, § 1, 6-7-2023)

(a)

Limitations on watering of lawns and landscape. It shall be unlawful for any person to use water for irrigation except as described herein:

(1)

(2)

For properties or developments up to and including five acres in size that have an irrigation system that simultaneously irrigates multiple properties with different watering times including, but not limited to, duplexes, multi-family units, compound use and mixed-use units, the watering schedule shall not be as described in the chart above, but shall be allowed on Thursday and Sunday from 12:00 a.m. to 4:00 a.m.

(3)

For properties or developments more than five acres in size that have an irrigation system that simultaneously irrigates multiple properties with different watering times including, but not limited to, multi-family, compound use and mixed use units, the watering schedule shall not be as described in the chart above, but shall be allowed on Mondays and Fridays from 12:00 a.m. to 8:00 a.m.

(4)

Watering of new lawns and landscaping during a 30-day establishment period shall be permitted on Monday, Tuesday, Wednesday, Thursday, Saturday and Sunday from 2:00 a.m. to 8:00 a.m. Irrigation of new landscaping which has been in place for thirty-one (31) to ninety (90) days shall be permitted on Monday, Wednesday, Thursday and Saturday from 2:00 a.m. to 8:00 a.m.

(5)

During any time change from Standard to Daylight Savings or vice versa, a 30 day grace period shall be in effect to allow residents to reset their sprinkler timers. Residents will not be cited for watering within one hour before the beginning or one hour after the end times provided above within the 30 day grace period.

(6)

Businesses with watering times between 8 p.m. to 11:59 p.m. have the option of watering between 12:00 a.m. and 4:00 a.m. so as not to interfere with normal business operations.

(b)

Reserved.

(Ord. 11-12, 5-7-2012; Ord. 56-22, § 1, 6-15-2022; Ord. 46-23, § 1, 6-7-2023)

A permit shall be required for new installation of landscape irrigation systems, and modifications to an existing irrigation system that cost $2,500 or greater in labor and material based on invoice value. City Council shall establish, by resolution, a landscape irrigation permit fee.

(Ord. 46-23, § 1, 6-7-2023)

Design drawings shall be provided for the installation of irrigation systems prior to start of construction of the irrigation system. Design drawings shall be prepared by a licensed professional engineer, licensed plumbing/irrigation contractor or licensed landscape architect. Design drawings for single family homes may be neatly hand drawn and to scale. A design drawing shall be required for irrigation systems installed on non-residential, multi-family residential, and residential developments or buildings, and shall contain the following information:

(a)

Location, type and size of all components including sprinklers, micro-irrigation, main and lateral piping, master valves, valves, moisture sensors, rain sensors, controllers, pump start relays, backflow prevention devices, pumps, wells, etc.

(b)

The flow rate, application rate (inches per hour), and the manufacturer's specifications for operating pressure for the sprinklers and micro-irrigation within each zone.

(c)

The name, address, phone, email, professional license or certification number of the installation contractor and date of installation.

(d)

Design drawings for non-residential and multi-family residential buildings shall also include pump station size, pump station location, design operating pressure per manufacturer's specifications, and flow rate per zone, precipitation rate per zone, locations of pipe, controllers, valves, sprinklers, sleeves, gate valves, sensors, etc.

(Ord. 46-23, § 1, 6-7-2023)

New irrigation systems or modifications to existing irrigation systems shall be inspected by the City after installation of a new, or modification of an existing irrigation system. Development Services Department inspectors shall be responsible for irrigation system plan reviews, approval, and inspection services.

(Ord. 46-23, § 1, 6-7-2023)

The irrigation system shall be designed to achieve a minimum of 70% efficiency by providing sprinkler head placement and nozzle selection that are within manufacturers specifications. Irrigation systems shall be designed to comply with F.S. Tit. XXVIII, Ch. 373, § 228, and the standards adopted by the City and reference the Florida Building Code, Plumbing Volume, Appendix F.

(Ord. 46-23, § 1, 6-7-2023)

Chemical injection systems for the injection of fertilizer, pesticides, rust inhibitors, or any other injected substance will be located and sized according to the manufacturer's recommendations and shall comply with the City's Fertilizer Ordinance contained in Chapter 9, Article VI. Injection systems shall be located downstream of the applicable backflow prevention devices as required by F.S. §§ 487.021 and 487.05; the Environmental Protection Agency (EPA); Pesticide Regulation Notice 87-1; or other applicable codes. If an irrigation water supply is also used for human consumption, an air gap separation or an approved reduced principal backflow prevention device shall be required in compliance with ASSE 1013.

(Ord. 46-23, § 1, 6-7-2023)

A property owner or licensed irrigation contractor who installs an irrigation system shall conduct final testing and adjustments to achieve design specifications prior to completion of the system. A property owner or licensed irrigation contractor who installs or performs work on an automatic irrigation system shall test for the correct operation of each technology that inhibits or interrupts operation of the system during periods of sufficient moisture. If such devices or switches are not installed in the system or are not in proper operating condition, the property owner or licensed irrigation contractor shall install new ones or repair the existing ones and confirm that each device or switch is in proper operating condition before completing other work on the system.

Property owners that install a smart irrigation system verified by the City Building Department, which meets the ≥70% water conservation efficiency and have smart controllers and soil sensors installed, shall receive a $500 cash rebate from the City.

(Ord. 46-23, § 1, 6-7-2023; Ord. 29-24, §§ 1, 2, 4-17-2024)

Upon irrigation system completion, a licensed irrigation contractor responsible for installing or substantially modifying an irrigation system shall provide the property owner with a maintenance checklist affixed to or near the controller and accompanied by accurate design drawings, recommended maintenance schedule, proper irrigation system settings according to season, recommendations for checking technology that inhibits or interrupts operation of the system during periods of sufficient moisture, filter cleaning recommendations, if applicable, and information on the current water restrictions. These contractor requirements will not impede the inspection process if not completed at time of final inspection.

(Ord. 46-23, § 1, 6-7-2023)

(a)

The provisions of this section shall be liberally construed to effectively carry out the purpose and intent of the City of Cape Coral Comprehensive Plan and of this Article in the interest of the health, safety, and welfare of the residents of the City.

(b)

An applicant may submit a proposal that varies from the strict application of the requirements of §§ 19-90 through 19.90.9 (also known as "alternative compliance") to accommodate unique site features or characteristics, utilize innovative design, prevent extraordinary hardship, or to promote the overriding public interest or general public welfare. The Development Services Director, or their designee, may approve an alternative compliance plan upon finding that the alternative compliance plan fulfills the purpose and intent of §§ 19-90 through 19.90.9 at least as well as a plan that strictly adheres to the requirements of §§ 19-90 through 19.90.9. When evaluating proposed alternative compliance plans, consideration shall be given to proposals which preserve native vegetation and other low water use landscape design principles and where the design ensures the maximum preservation of existing vegetation on the site. Diminished value of property or inconvenience is not an extraordinary hardship.

(c)

An applicant seeking authorization for alternative compliance shall have the burden of demonstrating to the Development Services Director, or their designee, the reasons why the strict application of the requirements of §§ 19-90 through 19.90.9 should not apply.

(d)

Requests for alternative compliance shall be submitted as part of the Irrigation System Approval Process.

(e)

The Development Services Director, or their designee, may require a site inspection and corresponding site inspection fee for systems which are installed according to a City approved alternative compliance plan. City Council shall establish, by resolution, an alternative compliance site inspection fee.

(Ord. 46-23, § 1, 6-7-2023; Ord. No. 29-24, §§ 1, 3, 4-17-2024)

The following are exempted from the provisions of §§ 19-90 through 19.90.9, but should follow applicable Florida Friendly Best Management Practices for Protection of Water Resources by the Green Industries:

(a)

Bona fide agricultural activities.

(b)

Athletic fields.

(c)

Golf course play areas.

(d)

Nurseries.

(e)

Required watering in of lawn chemicals.

(f)

Pressure washing, car, truck or trailer washing, boat washing, and flushing boat motors after salt water use.

(g)

Low volume hand watering.

(h)

Water use for cleaning, adjusting, and repair of irrigation systems provided that an attendant is on site and for not more than ten minutes per week for the entire irrigation system (if the irrigation system is not divided into areas or "zones") or for not more than ten minutes per area or "zone" per week (if the irrigation system is divided into areas or "zones").

(Ord. 46-23, § 1, 6-7-2023)

(a)

Purpose. The City of Cape Coral has developed an Emergency Water Conservation Plan (the "Plan") in order to ensure and preserve an adequate supply of water resources for irrigation purposes in order to protect the health, safety, and welfare of the citizens.

(b)

Determination of irrigation system water shortage. If it appears that water demand on the city's irrigation water system may exceed supply, the City Manager, following consultation with the Utilities Director, shall consider whether there is a need for emergency measures in order to conserve the city's irrigation water supply. In making his/her determination, the Utilities Director shall consider factors such as water shortage levels and available sources of supply, available usable storage on hand, storage tank drawdown rates, system pressures, the projected water supply capability, outlook for precipitation, daily water use patterns, and availability of water from other sources. Emergency measures shall consist of three stages: Advisory, Stage I, and Stage II emergencies. Each stage shall be implemented when the factors considered continually worsen to the point that the City Manager, following consultation with the Utilities Director, makes a determination that the increased measures are warranted.

(c)

Implementation of Emergency Water Conservation Plan. The City Manager or his/her designee shall implement water conservation measures. The City Manager or his/her designee shall issue a Notice of Emergency declaring the water shortage condition and setting forth the steps for water conservation by consumers. The City Manager may declare any stage be implemented including all or part of a particular stage.

(d)

Notice of Emergency. The City of Cape Coral will use the following methods of notification when a water shortage condition is declared. A Notice of Emergency will set forth the necessary emergency measures associated with the particular Stage of emergency being put into effect. A notice shall be sent or posted as follows:

(1)

City email to include staff.

(2)

Notices in all city utility payment office, including City Hall.

(3)

The City of Cape Coral's web site.

(4)

Local radio, local newspaper and cable television stations.

(5)

Notice in customer water bills.

(e)

Emergency stages.

(1)

Advisory Stage. When conditions warrant the initial advisory stage, the City Manager will issue a Notice of Emergency requesting water conservation by consumers. Reductions in water usage are not mandatory at this stage, but will help reduce consumption voluntarily.

(2)

Stage I. Upon evaluation of the conditions set forth in § 19-91(b), if the city believes that it is in the best interest of the city to issue a declaration of a Stage I water shortage condition, use of water from the city's reclaimed water, fresh water canal system or private irrigation wells for any purpose shall be regulated as stated below until such time as the declaration of the Stage I water shortage has been rescinded.

a.

Limitations on watering of lawns and landscape. It shall be unlawful for any person to use water for irrigation except as described herein:

Upon the declaration of a Stage I water shortage condition, it shall be unlawful for any person to use water for irrigation except as described herein:

1.

2.

For properties or developments up to and including five acres in size that have an irrigation system that simultaneously irrigates multiple properties with different watering times including, but not limited to, duplexes, multi-family units, compound use and mixed use units, the watering schedule shall not be as described in the chart above, but shall be allowed on Thursday from 4:00 a.m. to 8:00 a.m.

3.

For properties or developments more than five acres in size that have an irrigation system that simultaneously irrigates multiple properties with different watering times including, but not limited to, multi-family, compound use and mixed use units, the watering schedule shall not be as described in the chart above, but shall be allowed on Friday from 12:00 a.m. to 8:00 a.m.

4.

Watering of new lawns and landscaping during a 30-day establishment period shall be permitted on Monday, Tuesday, Wednesday, Thursday, Saturday and Sunday from 2:00 a.m. to 8:00 a.m. Irrigation of new landscaping which has been in place for 31 to 90 days shall be permitted on Monday, Wednesday, Thursday and Saturday from 2:00 a.m. to 8:00 a.m.

5.

During any time change from Standard to Daylight Savings or vice versa, a 30 day grace period shall be in effect to allow residents to reset their sprinkler timers. Residents will not be cited for watering within one hour before the beginning or one hour after the end times provided above within the 30 day grace period.

b.

Exemptions. The following are exempted from the provisions of § 19-91, but should follow applicable Florida Friendly Best Management Practices for Protection of Water Resources by the Green Industries:

(1)

Bona fide agricultural activities.

(2)

Athletic fields.

(3)

Golf course play areas.

(4)

Nurseries.

(5)

Required watering in of lawn chemicals.

(6)

Pressure washing, car, truck or trailer washing, boat washing, and flushing boat motors after salt water use.

(7)

Low volume hand watering.

(8)

Water use for cleaning, adjusting, and repair of irrigation systems provided that an attendant is on site and for not more than ten minutes per week for the entire irrigation system (if the irrigation system is not divided into areas or "zones") or for not more than ten minutes per area or "zone" per week (if the irrigation system is divided into areas or "zones").

(3)

Stage II water shortage condition. Notwithstanding the foregoing, upon evaluation of the conditions set forth in § 19-91(b), if the city believes that conditions are so severe that it is in the best interest of the city to issue a declaration of a Stage II water shortage condition, it shall be prohibited for any person to use or permit the use of water from the city's reclaimed water, fresh water canal system or private irrigation wells for any purpose, with the exception of fire fighting, until such time as the declaration of water shortage has been rescinded.

(f)

Measures of effectiveness. The City Manager or his/her designee will consider the following criteria to measure the effectiveness of the Plan in order to determine when the declaration of emergency water shortage shall be rescinded:

Reduction in pump run times.

Maintain maintenance of elevated tank levels above ten feet.

Maintain maintenance of system pressures above 20 psi.

Water storage tank recovery time.

Reduction in average daily flow (ADF) demands.

Reduction in peak day flow (PDF) demands.

(g)

Plan review. The City of Cape Coral will review the Emergency Water Conservation Plan at a minimum of every five years, or after each activation, if an activation of the plan is within a five-year period in order to adapt to new water supplies and demands.

(Ord. 11-12, 5-7-2012; Ord. 46-23, § 1, 6-7-2023)

(a)

Any person may gain relief from the watering schedule by applying for an administrative variance from the Utilities Director or the Director's designee. An administrative variance from the specific day or days identified in this article may be granted by the Utilities Director, or the Director's designee, if the following requirements are met.

(1)

A variance may be granted from the days-of-the-week water restrictions for any residential, commercial, or recreational user having soil moisture sensor(s) and/or an evapotranspiration or weather based smart controller(s).

(2)

Applicant must maintain and operate the system within the ≥70% minimum efficiency standard for distribution uniformity as well as in accordance with manufacturer specifications at all times, including technology that inhibits or interrupts operation of the system during periods of sufficient moisture.

(3)

A variance granted does not relieve a property owner from complying with irrigation restrictions contained in a water shortage order or water emergency declaration issued by the South Florida Water Management District, the City, or any other governmental entity having jurisdiction.

(b)

The City shall maintain a database of all properties which have installed and maintained advanced irrigation systems that qualify for a variance in accordance with the requirements of this section.

(c)

An applicant who receives a variance for having an evapotranspiration-based or moisture sensing controlled irrigation system agrees such irrigation system is subject to an inspection by the City to ensure ongoing compliance. An applicant agrees a variance is subject to immediate revocation by the City if the system is found to be not in compliance after an inspection by the City, and the City issues a notice of violation or citation for such non-compliance. The revocation shall continue until applicant comes into compliance and notifies the City, in writing, to conduct a re-inspection to ensure compliance or, notifies the City, in writing, they no longer want the variance or, until the notice of violation or citation is heard at a Code Enforcement Hearing as provided in § 19-93 below.

(Ord. 11-12, 5-7-2012; Ord. 46-23, § 1, 6-7-2023)

Every Code Enforcement Officer, as described in § 2-82.1 of the Code of Ordinances, shall diligently enforce the provisions of this article. In addition the City Manager, through Cape Coral administrative procedures, may also delegate enforcement responsibility to any other department of city government.

(Ord. 11-12, 5-7-2012)

Violation of any provision of this article, or a violation of Chapter 21 of the Cape Coral Code of Ordinances, within a consecutive 12-month period shall result in the following penalties:

(a)

First violation: no fine.

(b)

Second violation: $200 fine.

(c)

Third violation: $350 fine.

(d)

Fourth and subsequent violations: $500 fine. An irrigation water customer may also be disconnected and subject to a reconnection fee. Reconnection of service shall be at the sole discretion of the City Manager or his or her designee.

(Ord. 11-12, 5-7-2012; Ord. 46-23, § 1, 6-7-2023; Ord. 29-24, §§ 1, 4, 4-17-2024; Ord. No. 32-25, § 1, 6-4-2025)

It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the City of Cape Coral to collect charges from all users who contribute wastewater to the Cape Coral treatment works. The proceeds of the charges so derived will be used for the purpose of operating and maintaining the public wastewater treatment works.

(Ord. 97-86, § 1, 1-26-1987)

Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows.

BOD (BIOCHEMICAL OXYGEN DEMAND). The quantity of oxygen utilized in the biochemical oxidation or organic matter under standard laboratory procedure in five days at 20°C, expressed in milligrams per liter (mg/l).

COMMERCIAL USER. All retail stores, restaurants, office buildings, laundries and other private business and service establishments.

INDUSTRIAL USER. Any non-governmental, non-residential user of publicly owned treatment works which is identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under the following division; Division A-Agriculture, Forestry and Fishing; Division B-Mining; Division D-Manufacturing; Division E-Transportation, Communications, Electric, Gas and Sanitary; and Division I-Services.

INSTITUTIONAL USER. Social, charitable, religions, and educational activities such as schools, churches, hospitals, nursing homes, penal institutions and similar institutional users.

GOVERNMENTAL USER. Legislative, judicial, administrative, and regulatory activities of federal, state and local governments.

NORMAL DOMESTIC WASTEWATER. Wastewater that has a BOD concentration of not more than 300 mg/l and a suspended solids concentration of not more than 300 mg/l.

OPERATION AND MAINTENANCE. Those functions that result in expenditures during the useful life of the treatment works for materials, labor, utilities and other items which are necessary for managing and which such works were designed and constructed. The term OPERATION AND MAINTENANCE includes replacement, as defined in this section.

REPLACEMENT. Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which the works were designed and constructed.

RESIDENTIAL USER. Any contributor to the city's treatment works whose lot, parcel or real estate or building is used for domestic dwelling purposes only.

SHALL. Mandatory; MAY is permissive.

SS (SUSPENDED SOLIDS). Solids that either float on the surface of or are in suspension in water, wastewater or other liquids and which are removable by laboratory filtering.

(Ord. 63-89, 10-10-1989)

TREATMENT WORKS. Any devices and systems for the storage, treatment, recycling and reclamation of municipal wastewater, domestic wastewater or liquid industrial wastes. These include intercepting sewers, outfall sewers, wastewater collection systems, pumping, power and other equipment and their appurtenances; extensions improvement, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from the treatment (including land for composting sludge, temporary storage of the compost and land used for the storage of treated wastewater in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste, including waste in combined storm water and sanitary sewer systems.

(Ord. 63-89, 10-10-1989)

USEFUL LIFE. The estimated period during which a treatment works will be operated.

USER CHARGE. That portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment works.

WATER METER. A water volume measuring and recording device, furnished and installed by the city.

(Ord. 97-86, § 1, 1-26-1987)

(a)

The revenues collected, as a result of the user charges levied, shall be accounted for to determine the costs of operation, maintenance and replacement.

(b)

Fiscal year end balances in the operation, maintenance, and replacement shall be reported to show any excess or deficiency in the funds needed for operation, maintenance and replacement. Monies which have been transferred from other sources to meet temporary shortages in the operation, maintenance, replacement or bond escrow fund requirements shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement or bond escrow fund requirements. The user charge rate(s) shall be adjusted such that the transferred monies will be returned to their respective accounts within six months of the fiscal year in which the monies were borrowed.

(Ord. 97-86, § 1, 1-26-1987)

(a)

General. Each user shall pay for the services provided by the City of Cape Coral based on his or her use of the treatment works as determined by water meter readings.

(b)

Monthly uniform schedule of charges.

(1)

City Council shall, after a duly noticed public hearing, establish and adopt by resolution a uniform schedule of charges for the use, or reasonable availability for use, of the services and facilities of the municipal sanitary wastewater system, by each establishment, public building or other type of private building producing wastewater and/or wastes. The uniform schedule of charges for residential dwellings shall consist of a fixed charge component and a volume charge component based on metered water consumption or metered wastewater flows. For commercial and industrial users of the municipal sanitary wastewater system the uniform schedule of charges shall consist of a fixed charge component and a volume charge component based on metered water consumption or metered wastewater flows. The City Council may modify the wastewater system rate schedule from time to time by resolution.

(Ord. 63-89, 10-10-1989; Ord. 80-00, 8-28-2000; Ord. 45-04, 4-26-2004; Ord. 38-10, 4-12-2010)

(2)

The monthly uniform schedule of charges described in the rate resolution adopted by Council shall apply to all users except as noted herein.

a.

For commercial and industrial users where water use may exceed wastewater contribution to the utility system, the wastewater volume billing may be determined through an engineering analysis. This analysis shall be provided by the requesting user and shall at minimum include the following information:

1.

Certified design/construction drawings clearly identifying all plumbing facilities;

2.

Manufacturer's description of the system process; and

3.

Current certified independent test results for the specific systems for which the wastewater billing adjustment is being made. The results must clearly quantify the water influent and wastewater effluent streams and specifically support the users' request.

(3)

The city may, at its sole discretion, witness the test(s), request additional testing, or conduct its own test(s) to verify the results. If it is necessary for the city to conduct tests, the requesting user will be responsible for all costs to the city.

(4)

The City Manager, or his or her designee, shall have final approval over any wastewater billing adjustment resulting from the engineering analysis.

(5)

Any wastewater billing adjustment resulting from the engineering analysis described above shall be for the remainder of the calendar year in which the adjustment is granted. Each year thereafter, the adjustment may be renewed as follows:

a.

The city will notify the property owner that the city has previously approved or granted an adjustment to wastewater billing on the utility account and will describe the nature of the justification for the adjustment, and that to continue the adjustment to the utility account, the property owner shall send to the city, within 30 days of the notification described above, a written statement that:

1.

They have not altered, in any way, the recycling system, or any other portion of the plumbing system installed at the site as represented in the original application for the adjustment.

2.

That the recycling system, or another portion of the plumbing system, installed at the site is operating as originally approved; and

3.

They understand that, in the future, the City of Cape Coral reserves the right to inspect the recycling system periodically to confirm the flow of wastewater generated by the facility.

b.

If, at any time, an inspection by the city demonstrates that any alteration to the recycling system has been made that results in increased discharge into the wastewater system, the owner will be responsible for compensating the city for its inspection costs. The owner will also be responsible for any wastewater charges based on the difference between what was billed and what would have been billed in the absence of the billing adjustment for the preceding 12 months or to the last inspection date, whichever is the most recent date. In addition, any adjustment on future wastewater bills will be subject to the entire approval process, including review by the City Manager or his or her designee.

c.

If the city inspection reveals that the wastewater contribution has increased but no determination can be made as to whether there have been alterations made to the system, there will be no charge for the inspection. In that instance, the owner will be responsible for charges based on the difference between what was billed and what would have been billed in the absence of the billing adjustment for the preceding 12 months or to the last inspection date, whichever is the most recent date. In addition, any adjustment on future sewer bills will be subject to the entire approval process, including review by the City Manager or his or her designee.

d.

Upon the sale of any property that has been previously approved for or granted a wastewater billing adjustment, the city will notify the new owner of the following:

1.

That the city has previously approved or granted to the previous owner an adjustment to wastewater billing on the utility account and describing the reason for the adjustment.

2.

That to continue the adjustment to the utility account for the remainder of the calendar year, the new owner must send to the city, within 30 days of the notification, a written statement that:

A.

They are presently the owner of the facility at the site location;

B.

They have not altered, in any way, the recycling system, or any other portion of the plumbing system installed at the site as represented in the original application for adjustment; and

C.

They understand that, in the future, the City of Cape Coral reserves the right to inspect the recycling system periodically to confirm the flow of wastewater generated by the facility.

e.

If any inspections at any time by the city demonstrate that there has been any alteration to the recycling system that results in increased discharge into the wastewater system, the owner will be responsible for compensating the city for the city's inspection costs. The owner will be responsible for any additional wastewater charges based on the difference between what was billed and what would have been billed in the absence of the billing adjustment for the preceding 12 months or to the last inspection date, whichever is the most recent date. In addition, any adjustment on future sewer bills will be subject to the entire approval process, including review by the City Manager or his or her designee.

f.

If the city inspection reveals that the wastewater contribution has increased but no alterations can be determined by the city, there is no charge for the inspection. The owner will be responsible for any additional wastewater charges based on the difference between what was billed and what would have been billed in the absence of the billing adjustment for the preceding 12 months or to the last inspection date, whichever is the most recent date. In addition, any adjustment on future sewer bills will be subject to the entire approval process, including review by the City Manager or his or her designee.

g.

If the city does not receive the requested statement from the property owner within the time period prescribed, then the adjustment that was approved will be suspended until the requested statement is received.

(Ord. 45-04, 4-26-2004)

(c)

Increased costs. Any user which discharges any toxic pollutants (as defined herein) which cause an increase in the cost of managing the effluent of the sludge from the City of Cape Coral's treatment works, or any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance or replacement of the treatment works, shall pay for the increased costs.

(d)

Application. The user charge rates established in this article apply to all users of the City of Cape Coral's treatment works.

(Ord. 97-86, § 1, 1-26-1987)

(e)

Payment.

(1)

Effective October 1, 1996, all city owned and operated facilities shall pay all appropriate charges and fees associated with wastewater described in Chapter 19 of the City of Cape Coral Code of Ordinances. Where a city owned facility water use may exceed its wastewater contribution to the utility system the wastewater volume may be determined through an engineering analysis. City Council shall have final approval over any wastewater billing resulting from the engineering analysis.

(2)

Since these services represent a cost of doing business and are accounted for through consumers rates, this requirement shall not apply to facilities of the Utility Division that function in the provision of utility service.

(Ord. 5-96, 1-22-1996)

All users contributing more than 50,000 gallons per month and whose waste strength is greater than 300 mg BOD/l or 300 mg SS/l shall prepare and file with the city a report that shall include pertinent data relating to the wastewater characteristics, including the methods of sampling and measurement to obtain these data, and these data shall be used to calculate the user charge for that user. The city shall have the right to gain access to the waste stream and take its own samples.

(Ord. 97-86, § 1, 1-26-1987)

The City Council of the City of Cape Coral will review the user charges at least annually and revise the rates as necessary to ensure that adequate revenues are generated to pay the costs of operation and maintenance including replacement and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes. The city shall notify all users of the system annually of the rate charged for water and sewer usage.

(Ord. 97-86, § 1, 1-26-1987)

Editor's note— Ord. 5-96, adopted January 22, 1996, deleted § 19-103, in its entirety. Formerly, the section pertained to methodology used in calculation user charge rates.

It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the citizens of the City of Cape Coral to establish a procedure for the imposition and levying of special assessments to finance the acquisition and construction of water and sewer improvements within the city and to authorize the issuance of bonds secured in whole or in part by the special assessments.

(Ord. 85-87, § 1, 11-23-1987)

As used in §§ 19-104 through 19-116 of this chapter, the following words and terms shall have the following meanings, unless some other meaning is plainly intended.

APPROVING RESOLUTION. The resolution described in § 19-107(d) which shall approve the plans, specifications, estimated costs and tentative assessment roll and shall confirm or deny the initial resolution.

ASSESSMENT ROLL. The assessment roll as approved by the final resolution.

BONDS. The bonds issued by the city pursuant to ordinance of the city, payable from the pledge revenues.

CITY. The City of Cape Coral, Florida.

CITY ATTORNEY. The City Attorney of the city or his or her designee.

CITY MANAGER. The Manager of the city or his or her designee.

CLERK. The City Clerk or his or her designee.

COST or COSTS. As applied to the acquisition and construction of any projects authorized by the Council:

(1)

The cost of physical construction, reconstruction or completion;

(2)

The costs of acquisition or purchase;

(3)

The cost of all labor, materials, machinery and equipment;

(4)

The cost of all lands and interest therein, property rights, easements and franchises of any nature whatsoever;

(5)

The cost of any indemnity and surety bonds and premiums for insurance during construction;

(6)

Interest prior to and during construction and for such period of time after completion of the acquisition or construction of such projects as the Council deems appropriate;

(7)

Amounts necessary to pay redemption premiums for early retirement of bonds;

(8)

The creation of reserve funds;

(9)

Costs and expenses related to the issuance of bonds or other indebtedness related to the project, all financing charges and any expenses related to any liquidity facility or credit facility, including interest on bonds held by the issuer of the liquidity facility or credit facility;

(10)

Cost of plans and specifications, construction plans, surveys and estimates of costs;

(11)

Cost of engineering, financial, legal and other consultant services;

(12)

Costs related to the collection of special assessments, including any service charges of the Lee County Tax Collector or Lee County Property Appraiser and amounts necessary to off-set discounts received for early payment of special assessments pursuant to applicable law; and

(13)

All other costs and expenses properly attributable to such acquisition and construction, and such other expenses as may be necessary or incidental to financings authorized by this article; and including reimbursement of the city or any other person, firm or corporation for any moneys advanced for any costs incurred by the city or such person, firm or corporation in connection with any of the foregoing items of cost.

COUNCIL. The City Council of the City of Cape Coral, Florida.

FINAL RESOLUTION. The resolution described in § 19-107(j) which shall approve the assessment roll.

INITIAL RESOLUTION. The resolution described in § 19-107(a) which shall be the initial proceeding for levying and imposing special assessments.

LEE COUNTY CLERK. The Clerk of the Circuit Court of Lee County, Florida, Ex-officio Clerk of the Board of County Commissioners of Lee County, Florida.

PLEDGED REVENUES.

(1)

The proceeds of the bonds, including investment earnings;

(2)

Special assessments levied and collected under the authority of this article; and

(3)

Any other non-ad valorem revenues pledged by the city under the proceedings authorizing the bonds.

PRELIMINARY ASSESSMENT ROLL. The preliminary assessment roll prepared by the Utilities Director as described in § 19-107(h).

PROJECTS. The water and sewer facilities and improvements which the city shall determine to construct or acquire and which the city shall finance, in whole or in part, from the proceeds of special assessments levied pursuant to the provisions of this article.

TAX ROLLS. The real property assessment tax roll maintained by the Lee County Property Appraiser for the purpose of the levy and collection of ad valorem taxes.

TENTATIVE ASSESSMENT ROLL. The tentative assessment roll prepared by the Utilities Director as described in § 19-107(b).

UTILITIES DIRECTOR. The Director of the Utilities Department or any firm or engineers as shall be retained by the city to perform the responsibilities of the Utilities Director as provided herein.

(Ord. 85-87, § 1, 11-23-1987; Ord. 63-89, 10-10-1989; Ord. 44-11, 8-22-2011)

For the purpose of providing the services and facilities described in this article, the Council shall have the following authority and powers:

(a)

To acquire, improve and construct the projects;

(b)

To levy and collect special assessments against property deemed to be benefitted by the projects or any portion thereof in the manner provided in this article;

(c)

To authorize and issue bonds to finance the cost of the projects payable from pledged revenues in the manner provided in this article;

(d)

To acquire in the name of the city, either by purchase or the exercise of the right of eminent domain by the city, the lands and rights and interests and to acquire the personal property as may be deemed necessary in connection with the acquisition and construction of the projects;

(e)

To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this article, and to employ such consulting engineers, attorneys, accountants, construction and financial experts, superintendents, managers and other employees, contractors and agents as may, in the judgment of the Council, be deemed necessary or convenient and to fix their compensation or to make available such existing employees, contractors or agents as the Council may authorize in its sole judgment; and

(f)

To exercise any and all of the powers of the city not enumerated above necessary or incident for the purpose of providing the services, improvements and benefits described above.

(Ord. 85-87, § 1, 11-23-1987)

The Council may provide for the cost of a project by the levying in the area in which the project is located special assessments upon benefitted property within such area at a rate of assessment based on the special benefit accruing to the property from the project. The special assessments shall be assessed in conformity with the following special assessment procedure:

(a)

The initial proceeding shall be the passage by the Council of the initial resolution ordering the acquisition, construction or reconstruction of assessable improvements constituting an individual project, indicating, in general, the location and description of such improvements, which shall be sufficient to enable the Utilities Director to prepare the plans and specifications of the improvements as described in subsection (b) of this section. The initial resolution shall also state the portion, if any, of the project to be paid by the city, the estimated costs of the project and the method of assessment, which may be by frontage, acreage, square footage, parcel or any other combination thereof or any other method deemed equitable by the Council. The Initial resolution may provide for alternative descriptions of the improvements and method of assessment. The improvements need not be continuous and may be in more than one locality or street. The initial resolution ordering any such improvement may give any short and convenient designation to each improvement ordered thereby. The initial resolution shall be recorded in the official records book in the office of the Lee County Clerk.

(Ord. 63-89, 10-10-1989; Ord. 44-11, 8-22-2011)

(b)

(1)

As soon as possible after the passage of the initial resolution, the Utilities Director shall prepare, or cause to be prepared, in triplicate, plans, specifications and cost estimates for the improvements constituting the project. If the initial resolution shall provide alternative descriptions of the improvements or method of assessment, the plans, specifications and cost estimates shall include an estimate of the cost of the improvement of each such alternative.

(Ord. 63-89, 10-10-1989; Ord. 44-11, 8-22-2011)

(2)

a.

The Utilities Director shall also prepare, or cause to be prepared, in triplicate, the tentative assessment roll, which roll shall contain:

1.

A description of the lots and parcels of real property which will benefit from such assessable improvements and the estimated amount of benefits to each such lot or parcel of property, provided the lots and parcels shall include the property of the city and any school district, special district, municipality or political subdivision;

2.

The name of the owner of record of each lot and parcel as shown on the tax rolls or such other source or sources as the Utilities Director or Clerk deems reliable;

3.

The total estimated cost of the improvements to each benefitted lot or parcel; and

4.

The method or alternative methods of assessment utilized in determining the cost of the improvements to be assessed to property owners, including any formulas for dealing with irregular lots and any assumptions of depth of the improvements.

b.

The tentative assessment roll shall not be held to limit or restrict the duties of the Utilities Director in the preparation of the preliminary assessment roll under the provision of subsection (h) hereof. One of the triplicates of such plans, specifications, cost estimates and the tentative assessment roll shall be filed with the City Manager, one shall be filed with the Clerk and the other triplicate shall be retained by the Utilities Director in his or her files, all of which shall remain open to public inspection.

(Ord. 63-89, 10-10-1989; Ord. 49-96, 9-24-1996; Ord. 44-11, 8-22-2011)

(c)

(1)

The City Manager upon the filing with him or her of the plans, specifications, cost estimates and the tentative assessment roll shall publish once in a newspaper of general circulation, published in Lee County, and circulating in the city, a notice stating that at a meeting of the Council on a certain day and hour, not earlier than 15 calendar days from the publication (including Saturdays, Sundays and legal holidays), which meeting shall be a regular, adjourned or special meeting, the Council will hear objections of all interested persons to the adoption of the approving resolution which shall approve the aforementioned plans, specifications, cost estimates and tentative assessment roll. The notice shall state:

a.

In brief and general terms a description of the applicable project with the location thereof (location may be established by reference to boundaries or a map);

b.

The procedure for objecting provided in subsections (d) and (e) of this section; and

c.

That plans, specifications, cost estimates and the tentative assessment roll, which shall include the method or alternative methods of assessment, are on file with the City Manager and the Clerk and all interested persons may ascertain the amount to be assessed against a lot or parcel of property at the office of the Clerk.

(2)

In addition to the published notice described above, the City Manager shall cause to be mailed a copy of the notice by first class mail to each property owner proposed to be assessed. Notice shall be mailed, at least 15 calendar days prior to the hearing, to each property owner at such address as is shown on the tax rolls or such other source or sources as the Utilities Director or Clerk deems reliable. Notice shall be deemed mailed upon delivery thereof to the possession of the U.S. Postal Service. The failure of the City Manager to mail the notice shall not constitute a valid objection to holding the hearing as provided in this section or to any other action taken under the authority of this section. The City Manager or the Clerk may provide proof of the notice by affidavit.

(Ord. 63-89, 10-10-1989; Ord. 49-96, 9-24-1996; Ord. 44-11, 8-22-2011)

(d)

(1)

At the time named in the notice, or to which an adjournment may be taken by the Council, the Council shall receive any objections of interested persons and may then or thereafter adopt the approving resolution which shall:

a.

Approve the aforementioned plans, specifications, cost estimates and tentative assessment roll, including the method of assessment, with such amendments as it deems just and right; and

b.

Repeal or confirm the initial resolution with such amendments, if any, as may be desired by the Council.

(2)

Special assessments shall be levied against all property in the applicable area specially benefitted by the project. In the event the Council established alternative descriptions or methods of assessment in the initial resolution, the Council shall provide in the approving resolution the description of improvements and method of assessment which shall be utilized.

(e)

All objections to the approving resolution shall be made either in writing, filed with the City Manager at or before the time or adjourned time of the hearing, or orally at the time of the hearing. Special assessments shall be established upon adoption of the approving resolution. The adoption of the approving resolution shall be the final adjudication of the issues presented (including, but not limited to, the method of assessment, the tentative assessment roll, the plans and specifications, the estimated cost of the project, the interest rate the special assessments shall bear, and the terms of prepayments of the special assessments) unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of Council action on the approving resolution. Notice of the special assessments intended to be levied and imposed shall be promptly recorded by the City Attorney in the official records book in the office of the Lee County Clerk. The notice shall provide the locations of the property which are to be assessed and direct interested parties to the tentative assessment roll or assessment roll, upon approval thereof. The tentative assessment roll, as approved by the approving resolution, shall be delivered to, and kept by, the Clerk.

(Ord. 82-88, 9-14-1988)

(f)

Whenever any approving resolution shall have been adopted, as hereinabove provided, or at any time thereafter, the Council may issue bonds, the interest and principal of which are payable from the pledged revenues. The bonds shall mature not later than two years after the last installment in which the special assessments may be paid, as provided in § 19-109 hereof, and shall bear interest at a rate not exceeding the maximum rate provided by law.

(g)

If, subsequent to the adoption of the approving resolution, the costs of an assessable improvement increase over the estimate of the costs provided in the tentative assessment roll, the Council shall not assess the property on which the assessable improvement has been constructed any costs in excess of a 10% increase over the estimate provided therefor in the tentative assessment roll. The excess costs shall be borne by the city; provided, however, the increased costs not in excess of ten percent may be assessed against property in accordance with subsection (j) of this section. Nothing in this subsection (g) shall be construed as preventing the city from reassessing the costs of assessable improvements pursuant to the provisions of this article.

(h)

Completion of the acquisition and construction of the project shall be certified by the Council; provided the certification may not occur until such time as the costs of the project have been identified and approved by the Council. Within the period of time after the certification of the completion of the acquisition or construction of the project as may be directed by the City Manager (but in no event more than six months after the certification of the project), the Utilities Director shall prepare the preliminary assessment roll and file the same with the City Manager and the Clerk, which roll shall contain the following:

(Ord. 63-89, 10-10-1989; Ord. 44-11, 8-22-2011)

(1)

A description of lots and parcels of real property within the assessed area which will benefit from the assessable improvements and the amount of the benefit from the assessable improvements and the amount of the benefits to each such lot or parcel of property. The lots and parcels shall include the property of the city and any school district, special district, municipality or other political subdivision. There shall also be given the name of the owner of record of each lot or parcel as shown on the tax rolls or such other source or sources as the Utilities Director or Clerk deems reliable.

(Ord. 63-89, 10-10-1989; Ord. 49-96, 9-24-1996; Ord. 44-11, 8-22-2011)

(2)

The total cost of the improvement to each benefitted lot or parcel, which cost shall be no greater than the cost of such improvement as provided in the tentative assessment roll, plus any additional cost described in subsection (g) of this section.

(3)

The method of assessment utilized in determining the cost of improvements to be assessed to property owners, including any formulas for dealing with irregular lots and any assumptions of depth of the improvements.

(i)

The preliminary assessment roll shall be advisory only and shall be subject to the action of the Council as hereinafter provided. Subsequent to the filing with the City Manager of the preliminary assessment roll, the City Manager shall publish at least once in a newspaper of general circulation, published in Lee County, and circulating in the city, a notice stating that at a meeting of the Council to be held on a certain day and hour, not earlier than 15 calendar days from publication (including Saturdays, Sundays and legal holidays), which meeting may be a regular, adjourned or special meeting, all interested persons may appear and file written objections to the approval of the preliminary assessment roll. The notice shall describe in general terms the assessable improvements, the location thereof (location may be established by reference to boundaries or a map), and the procedure for objecting, and advise all persons interested that the description of each property to be assessed, along with the amount of the special assessment lien to be levied against the benefitted property, may be ascertained at the office of the Clerk. In addition to the published notice described above, the City Manager shall cause to be mailed at least 15 calendar days prior to the hearing a copy of the notice by first class mail to each property owner proposed to be assessed. Notice shall be mailed to each property owner at such address as is shown on the tax rolls or such other source or sources as the Utilities Director or Clerk deems reliable. The failure of the City Manager to mail the notice shall not constitute a valid objection to the approval of the preliminary assessment roll. Notice shall be deemed mailed upon delivery thereof to the possession of the U.S. Postal Service. All objections shall be made either in writing, filed with the City Manager at or before the time or adjourned time of the hearing, or orally at the time of the hearing. The City Manager or the Clerk may provide proof of the notice by affidavit.

(Ord. 82-88, 9-14-1988; Ord. 63-89, 10-10-1989; Ord. 49-96, 9-24-1996; Ord. 44-11, 8-22-2011)

(j)

At the time and place stated in such notice, the Council shall meet and receive the objections of all interested persons as stated in the notice. The Council may adjourn the hearing from time to time. After the completion thereof the Council shall adopt the final resolution which shall either annul or sustain or modify in whole or part the preliminary assessment as indicated on the preliminary assessment roll, either by approving the preliminary assessment and the levy of a special assessment lien against the benefitted property, against any or all lots or parcels described therein or by cancelling, increasing (provided the increase does not exceed the cost provided in the tentative assessment roll, plus any additional cost described in subsection (g) of this section) or reducing the same, according to the special benefits which the Council shall decide each lot or parcel has received or will receive on account of the improvements. If any property which may be chargeable under this section shall have been omitted from the preliminary assessment roll or if the preliminary assessment shall not have been made against it, the Council may, upon compliance with the procedures set forth in this section, provide for the assessment of the omitted property. The Council shall not confirm and levy any special assessment lien in excess of the special benefits to the property assessed, and the special assessment so confirmed and the special assessment lien to be levied by the adoption of the final resolution shall be in proportion to the special benefits. Upon adoption of the final resolution, the preliminary assessment roll shall become the assessment roll. The final resolution shall be the final adjudication of the issues presented including the levy and lien of the special assessments, and shall provide for the rate of interest which the special assessments shall bear. Forthwith after adoption of the final resolution, the assessment roll shall be delivered to, and kept by, the Clerk and the final resolution shall be promptly recorded by the City Attorney in the official records book in the Office of the Clerk of Lee County, Florida. The special assessments so made shall be final and conclusive as to each lot or parcel assessed and the adoption of the final resolution shall be the final adjudication of the issues presented unless proper steps be initiated within 20 days in a court of competent jurisdiction to secure relief; provided, however, issues adjudicated in the approving resolution may not be disputed except as provided in subsection (e) of this section. If the special assessment against any property shall be sustained or reduced or abated by the court, the Clerk shall note that fact on the assessment roll opposite the description of the property affected thereby. The amount of the special assessment against any lot or parcel which may be reduced or abated by the court, unless the special assessment upon the entire assessed area be reduced or abated, may by resolution of the Council be made chargeable against the applicable assessed area at large or, at the discretion of the Council, a new assessment roll may be prepared and approved in the manner hereinabove provided for the preparation and the approval of the original assessment roll.

(Ord. 82-88, 9-14-1988)

(k)

(1)

Except as otherwise provided by resolution of the Council, no prepayments shall be accepted prior to adoption of the final resolution. Thereafter, any prepayments shall be made only upon payment of applicable interest, including interest included as a cost of the related improvement, at the office of the Clerk. The Council, by resolution, may determine the time during which prepayments may be made and the amount of interest and premium payable at the time of a prepayment. If not prepaid, all special assessments shall be payable in equal principal installments, with interest on the balance at the rate set by the final resolution, or, if bonds are issued pursuant to this article, and except as otherwise provided in § 19-109 hereof, at a rate not to exceed 2% above the true interest cost at which the bonds are sold (provided the true interest cost may include any ongoing expenses related to the bonds or collection of the assessments), subject to the provisions of subsection (m) of this section, from the date the final resolution is adopted or such other date as the Council may by resolution provide, payable in each of the succeeding number of years which the Council shall determine by resolution, not exceeding 20; provided, however, that the Council may provide by resolution that any special assessment may be paid at any time before due, together with any applicable prepayment premium and interest accrued thereon to the date of payment or the later date as shall be determined by the Council by resolution, if the prepayment shall be permitted by the proceedings authorizing any bonds or other obligations for the payment of which the special assessments have been pledged.

(2)

All special assessments and installments thereof shall constitute a lien upon the property so assessed from the date the assessment roll is approved, by the adoption of the final resolution, of the same nature and to the same extent as the lien for general county and municipal taxes falling due in the same year or years in which the assessments or installments thereof fall due. The lien shall be superior in dignity to all other liens, titles and claims, until paid. Any special assessment or installment not paid when due shall be collectible with such interest and with reasonable costs and expenses incurred by the city and its agents, including reasonable attorney fees, in the collection of the delinquent assessments or as a result of the delinquent assessments (including interest costs paid for draws on a credit facility), by the city or its agents as described in subsection (k)(3) of this section.

(Ord. 82-88, 9-14-1988)

(3)

The city shall have the right to appoint an agent, in addition to the City Attorney, to foreclose and collect all delinquent assessments in the manner provided by law. If the owner of any lot or parcel of land assessed pursuant to this article shall be delinquent in the payment of any special assessment for a period of 30 days, the city or its agent may declare the entire unpaid balance of the special assessment to be in default and cause the delinquent property to be foreclosed in the same method now or hereafter provided by law for the foreclosure of mortgages on real estate, or otherwise as provided by law. All costs, fees and expenses, including reasonable attorney fees, related to any foreclosure action as described in subsection (k)(2) of this section shall be borne by the delinquent property owner.

(4)

If prior to any sale of the property under decree of foreclosure in the proceedings, payment is made of the installment or installments which are shown to be due under the provisions of the final resolution, and by this subsection (k), and all costs, fees and expenses of the city and its agent, as a result of the delinquent assessment, including reasonable attorney fees and costs for draws on a credit facility, the payment, at the option of the city, shall have the effect of restoring the remaining installments to their original maturities as provided by the resolution passed pursuant to this subsection (k) and the proceedings shall be dismissed.

(5)

It shall be the duty of the city and its agent, if any, to enforce the prompt collection of special assessments by the means herein provided, and such duty may be enforced at the suit of any holder of bonds issued under this article in a court of competent jurisdiction by mandamus or other appropriate proceedings or action.

(6)

The city may join in one action the collection of special assessments against any or all property assessed in accordance with the provisions hereof. All delinquent property owners whose property is foreclosed shall pay fees, costs and expenses incurred by the city and its agents, including reasonable attorney fees, in collection of the delinquent assessments and any other costs incurred by the city as a result of the delinquent assessments (including costs paid for draws on a credit facility), and the same shall be collectible as a part of or in addition to, the costs of the action.

(7)

At the sale pursuant to decree in any such action, the city may be the purchaser to the same extent as an individual person or corporation. Property so acquired by the city may be sold or otherwise disposed of, the proceeds of the disposition to be placed in the fund as provided by any ordinance or resolution authorizing the issuance of the bonds.

(l)

If special assessments made under the provisions of this article to defray the costs of the project shall be deemed by the Council to be inadequate to meet the obligation owed to bondholders and to pay fees required for credit enhancement on the bonds, if any, the Council may adjust the payment period of and the rate of interest on installment payments of the assessment so that payments of special assessments shall be sufficient to satisfy the contractual obligation owed to bondholders and the provider of the credit enhancement. However, the adjustment shall not have the effect of increasing the special assessment of any property, including the effect of increasing the amount of special assessment of any property in proportion to the amount of benefits conferred on that property. Further, the Council in adjusting the interest rates and the period of payment of special assessments, shall follow the provisions of this section providing for notice and hearing to interested persons and providing for passage of resolutions establishing special assessments.

(m)

If any special assessment made under the provisions of this article to defray the costs of any project shall be either in whole or in part annulled, vacated or set aside by the judgment of any court, or if the Council shall be satisfied that any such special assessment is so irregular or defective that the same cannot be enforced or collected, or if the Council shall have omitted to include any property on the assessment roll which properly should have been so included, the Council shall take all necessary steps to cause a new special assessment to be made against any property benefitted by any project, following as nearly as may be practicable the provisions of this article and in case the second special assessment shall be annulled, the Council may obtain and make other special assessments until a valid special assessment shall be made.

(n)

The Council may pay out of any special fund that may be provided for that purpose such portion of the costs of any project as it may deem proper.

(o)

Any informality or irregularity in the proceedings in connection with the levy of any special assessment under the provisions of this article shall not affect the validity of the same after the confirmation thereof, and any special assessment as finally approved and confirmed shall be competent and sufficient evidence that the special assessment was duly levied, that the special assessment was duly made and adopted, and that all other proceedings adequate to such special assessment were duly had, taken and performed as required by this article; and no variance from the directions hereunder shall be held material unless it be clearly shown that the party objecting was materially injured thereby. Notwithstanding the provisions of this subsection (o), any party objecting to a special assessment imposed pursuant to this article must file an objection with a court of competent jurisdiction within the time periods prescribed herein.

(p)

The Council may, by resolution, provide a procedure by which the lien of a special assessment on property may be apportioned between subdivided parcels of such property. The Council may establish a different procedure of apportioning a special assessment lien for each assessed area. The Council shall not establish a procedure which has a material adverse effect on the security for bonds issued to finance the project related to the special assessments.

(Ord. 85-87, § 1, 11-23-1987)

As an alternative method to collection by the Clerk as provided in § 19-107(j) of this article, the Council may, at such time as it deems appropriate, authorize the collection of the special assessments in the manner provided for the collection of ad valorem taxes. The alternative method shall be authorized by resolution of the Council and the city shall comply with all applicable provisions of law relating to such alternative method, including F.S. § 197.363, and any successor provision thereto. In the event such alternative method is used by the city, the provisions hereof shall be superseded to the degree of any conflict with applicable law.

(Ord. 85-87, § 1, 11-23-1987)

(a)

The Council shall have the power and it is hereby authorized to provide by ordinance, at one time or from time to time in series, for the issuance of bonds of the city for the purpose of paying all or part of the cost of the projects. The principal of and interest on each series of bonds shall be payable from the pledged revenues. At the option of the Council, the city may covenant to budget and appropriate from non-ad valorem revenue sources identified by the city by ordinance or resolution or from general non-ad valorem revenues of the city an amount necessary to make up any deficiency in the payment of the bonds.

(b)

In anticipation of the sale of bonds, the city may authorize the issuance of bond anticipation notes and may renew the same from time to time. The notes may be paid from the moneys derived by the city from the proceeds of sale of the bonds in anticipation of which they were issued or from pledged revenues. The notes shall be issued in the same manner as the bonds. Bonds and notes shall be, and shall be deemed to be, for all purposes, negotiable instruments, subject only to the provisions of the bonds and notes for registration.

(c)

The bonds shall be dated, shall bear interest at such rate or rates, shall mature at such times as may be determined by ordinance or resolution of the Council, and may be made redeemable before maturity, at the option of the city, at such price or prices and under such terms and conditions as may be fixed by the Council. The bonds may, at the option of the Council bear interest at a variable rate. The Council shall determine by ordinance or resolution the form of the bonds, the manner of executing the bonds and shall fix the denomination or denominations of the bonds, the place or places of payment of the principal and interest, which may be at any bank or trust company within or without the State of Florida, and such other terms and provisions of the bonds as it deems appropriate. The bonds may be sold at public or private sale for such price or prices as the Council shall determine by ordinance or resolution. The bonds may be delivered to any contractor for payment for his work in constructing a project or may be sold in a manner and for a price as the Council may determine by resolution to be in the best interests of the city.

(d)

Prior to the preparation of definitive bonds of any series, the Council may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, exchangeable for definitive bonds when the bonds have been executed and are available for delivery. The Council may also provide for the replacement of any bonds which shall become mutilated, or be destroyed or lost. Bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions or things which are specifically required by this article.

(e)

The city may issue bonds for projects in different areas pursuant to a single ordinance or resolution, provided the ordinance or resolution identifies each project to be financed.

(f)

The city may, at its option, issue bonds bearing a variable rate of interest, whereupon the interest rate and installment payments applicable to special assessments shall be subject to adjustment as provided by ordinance or resolution of the Council. In such event, the city may impose on the annual installment payments such rate of interest as shall not exceed the maximum amount permitted by § 19-107(k)(1) as shall be determined on the fifteenth day prior to the date the bill for the annual installment is mailed by the city. If amounts of interest collected by the city exceed, in the aggregate, the amount of interest that would have been collected if interest was imposed at the maximum rate permitted to be charged on special assessments as provided in § 19-107(k)(1), the excess amounts shall be credited to the next installment or be returned to the property owners who paid such amounts, as provided by ordinance or resolution of the Council. If the amounts of interest collected by the city are less, in the aggregate, than the amount of interest that would have been collected if interest was imposed at the maximum rate permitted to be charged on special assessments as provided in § 19-107(k)(1), the deficiency may be imposed as a surcharge on the next installment.

(Ord. 85-87, § 1, 11-23-1987)

Bonds issued under the provisions of this article shall not be deemed to constitute a pledge of the faith and credit of the city, but such bonds shall be payable from the pledged revenues in the manner provided herein and by the resolution authorizing the bonds. The issuance of bonds under the provisions of this article shall not directly or indirectly obligate the city to levy or to pledge any form of ad valorem taxation whatever therefor. No holder of any bonds shall ever have the right to compel any exercise of the ad valorem taxing power on the part of the city to pay any such bonds or the interest thereon or to enforce payment of the bonds or the interest thereon against any property of the city, nor shall the bonds constitute a charge, lien or encumbrance, legal or equitable, upon any property of the city, except the pledged revenues.

(Ord. 85-87, § 1, 11-23-1987)

The pledged revenues received pursuant to the authority of this article shall be deemed to be trust funds, to be held and applied solely as provided in this article and in the ordinance or resolution authorizing the bonds.

(Ord. 85-87, § 1, 11-23-1987)

Any holder of bonds, except to the extent the rights herein given may be restricted by the ordinance or resolution authorizing issuance of the bonds, may, whether at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the state or granted hereunder or under the ordinance or resolution, and may enforce and compel the performance of all duties required by this part, or by such ordinance or resolution, to be performed by the city.

(Ord. 85-87, § 1, 11-23-1987)

This article shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This article, being necessary for the welfare of the inhabitants of the city, shall be liberally construed to effect the purposes hereof.

(Ord. 85-87, § 1, 11-23-1987)

No referendum or election in the city shall be required for the exercise of any of the provisions of this article, unless the referendum or election is required by the Constitution of the State of Florida.

(Ord. 85-87, § 1, 11-23-1987)

The city may, by ordinance of the Council, authorize the issuance of bonds to refund any bonds issued pursuant to this article. The refunding bonds may be issued in an amount sufficient to provide for the payment of the principal of, redemption premium, if any, and interest on the outstanding bonds to be refunded. In the event the principal amount of the refunding bonds shall be greater than the outstanding principal amount of the bonds to be refunded, the Council may increase the assessments which secure the refunding bonds up to an amount not to exceed the difference between the respective principal amounts of the refunding bonds and the outstanding refunded bonds; provided notice to the affected property owners is given in accordance with the notice provisions of § 19-107 hereof and a public hearing is held by the Council.

(Ord. 85-87, § 1, 11-3-1987)

The provisions of this article shall apply for all special assessments hereinafter levied and imposed by the city for the purpose of financing water and sewer improvements. This article shall not be effective as to any water and sewer assessments heretofore levied and imposed by the city.

(Ord. 85-87, § 1, 11-3-1987)

The City Council of the City of Cape Coral hereby establishes a procedure for resolving disputes arising from the actions of the City Council of the City of Cape Coral arising out of the planning, design, construction and operation of facilities financed by a loan from the State Revolving Fund as authorized by F.S. § 403.1835.

(Ord. 101-90, 10-29-1990)

Any person or entity who can demonstrate that an improper action by the City of Cape Coral in the planning, design, construction and operation of facilities financed by a loan from the State Revolving Fund has caused, or will cause a material adverse effect on such person or entity may file a written protest with the city.

(Ord. 101-90, 10-29-1990)

The protest must be in writing and shall be filed within ten calendar days of the date the action complained of was taken by the Cape Coral City Council and shall, at a minimum, contain the following:

(a)

Name and address of the protester;

(b)

A statement describing the disputed action and stating reasons why the protester believes the action was improper;

(c)

The date on which the disputed action was taken by the City Council;

(d)

A statement describing how the protester is, or will be, adversely affected;

(e)

A statement of the relief sought; and

(f)

Any other information material to the protest.

Within seven calendar days after receipt of the written protest, the City Manager or his or her designee may give the protester written notice of a date and time the protester and city officials may meet to attempt to settle the protest by mutual agreement.

(Ord. 101-90, 10-29-1990)

If the parties are unable to settle the protest by mutual agreement, the City Manager shall, within 14 calendar days of receipt of the protest or the conclusion of any settlement negotiations, set a hearing location and date for a formal hearing. The formal hearing shall be scheduled for no earlier than 14 calendar days and no later than 30 calendar days after receipt by the City Manager of the protest or conclusion of settlement negotiations.

(Ord. 101-90, 10-29-1990)

The hearing shall be conducted by a Hearing Officer appointed by the City Council. At the hearing, the protester shall present evidence and testimony and may ask questions of witnesses. The City of Cape Coral's representatives, consultants and witnesses may present testimony about the disputed action. All witnesses presenting testimony may be questioned by any party and by the Hearing Officer. Within ten calendar days after the conclusion of the hearing, the Hearing Officer shall render a written decision along with specific reasons for the decision.

(Ord. 101-90, 10-29-1990)

The protester may appeal an unfavorable decision of the Hearing Officer to the City Council of the City of Cape Coral. Any appeal must be in writing and must be received in the office of the Mayor within ten calendar days from the date of the written decision of the Hearing Officer. The Mayor shall schedule the appeal for hearing before the City Council for a regular meeting on a date which is not more than 30 days after the date the notice of appeal is received in the Mayor's office. The decision of the City Council shall be final, subject to any remedies that may be available to the protester in Circuit Court in Lee County, Florida.

(Ord. 101-90, 10-29-1990)

The City Council of the City of Cape Coral is authorized to adopt reasonable rules and regulations found to be necessary for the protection of public health and the promulgation of water conservation, and water reuse.

(Ord. 6-92, 2-10-1992)

As used in §§ 19-124 through 19-141 of this chapter, the following words and terms shall have the following meaning, unless otherwise specifically stated. When not inconsistent to the context, words used in the present tense include the future, words in plural numbers include the singular, and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory.

BILLING. The charge made for irrigation water service. The charge may be included on the monthly utility bill.

CANAL WATER. Water from the Cape Coral freshwater canal system.

CITY. The City of Cape Coral, Florida.

CLERK. The City Clerk of the City of Cape Coral, Florida.

COUNCIL. The City Council of the City of Cape Coral, Florida.

CROSS-CONNECTION. Any physical connection or arrangement which could allow the movement of fluids between the potable water system and any other piping system, such as the irrigation water system.

CURB STOP. The manually operated valve which controls irrigation water flow to the customer's property.

CUSTOMER. The actual user of the irrigation water and/or the property owner benefitting from the fire protection system which utilizes irrigation water.

DEPARTMENT. The City of Cape Coral Utilities Department.

DIRECTOR OF UTILITIES. Also referred to as THE DIRECTOR. The individual responsible for the technical and operational activities of the Utilities Department of the City of Cape Coral, Florida.

DISCONTINUATION OF SERVICE. Cessation of a service or an appropriate method to ensure that no service can be received.

DISTRIBUTION MAINS. Those conduits used to supply irrigation water to service lines from transmission lines.

DUAL CHECK DEVICE. A device composed of two single independently active check valves.

FIRE PROTECTION SYSTEM. A system of irrigation distribution mains connected to fire hydrants and in some cases connected to services in commercial buildings to supply sprinkler systems.

FRESH WATER. Water from the fresh water canal system.

IRRIGATION WATER. Water of a quality suited for lawn irrigation, shrubbery and car washing, but not treated to a level conforming to drinking water standards.

PVC PIPE. Polyvinyl chloride pipe.

RATES. Those charges which will be made on a monthly basis and are subject to change as approved by the City of Cape Coral rate resolution from time to time in relation to the costs of providing services.

RECLAIMED WATER. Water that has received at least advanced secondary treatment and conforms to all rules and regulations as stated in Florida Department of Environmental Regulations, Chapter 17-610.

REUSE. The deliberate application of reclaimed water, in compliance with Florida Department of Environmental Regulations, Chapter 17-610 and its revisions, and South Florida Water Management District rules, for a beneficial purpose.

SERVICE LINE. That conduit for irrigation water from the distribution main to the property line.

TRANSMISSION MAINS. Those conduits used to supply irrigation water from the pumping station or treatment plant to the distribution mains.

(Ord. 6-92, 2-10-1992; Ord. 44-11, 8-22-2011)

It is the intent of the city to maximize the use of non-potable water within the City of Cape Coral in accordance with all environmental regulations. It is the intent of the city to establish an irrigation water system for the service area in a cost-effective manner.

(Ord. 6-92, 2-10-1992)

Irrigation water service shall be provided for properties located within the Department's service area which complies with the provisions for the service as set forth in this chapter. Irrigation water shall be available to properties within the city as the distribution system is extended and irrigation water becomes available. The Department will determine the timing of the expansion.

(Ord. 6-92, 2-10-1992)

All irrigation water facilities and appurtenances within dedicated public easements, when constructed or accepted by the city, shall become and remain the property of the city. No person shall by payment of any charges provided herein, or by causing any construction of facilities accepted by the city, acquire any interest or right in any of these facilities or any portion thereof, other than the privilege of having their property connected thereto for irrigation water in accordance with this article and any amendments thereof.

(Ord. 6-92, 2-10-1992)

All reclaimed water valves and outlets shall be appropriately tagged or labeled to warn the public and employees that the water is not intended for drinking, as required by F.A.C. Rule 17-610.470.

(Ord. 6-92, 2-10-1992)

Irrigation water extensions for improvements shall be accepted by the city upon the appropriate approval of the Director. Applications for irrigation water extensions shall be submitted to the Utilities Department.

(Ord. 6-92, 2-10-1992; Ord. 49-96, 9-24-1996; Ord. 44-11, 8-22-2011)

No payment of any costs, submittal of any petition or any other act to receive irrigation water service shall guarantee the service. The city shall have the right, at all times, to refuse to extend service on the basis of a use detrimental to the system, inadequate supply of irrigation water, lack of payment of required fees or for any other reason which, in the judgment of the Director, will cause the extension not to be the benefit of the city.

(Ord. 6-92, 2-10-1992)

No fire hydrant or fire sprinkler system shall be installed on reclaimed water mains constructed within the city. Owners of real property that utilize reclaimed water for fire protection systems shall discontinue said use of reclaimed water and connect the fire protection system to potable water within 36 months of the city providing notice, by certified mail, that a potable water main of adequate size is available for fire protection systems.

(Ord. 6-92, 2-10-1992; Ord. 33-15, 8-31-2015)

All facilities that have been accepted by the city shall become the property of the city and will be operated and maintained by the city. No person shall perform any work nor be reimbursed for any work, or in connection with any work, on the system unless written authorization from the Director is received prior to the work being accomplished.

(Ord. 6-92, 2-10-1992)

The property owner and/or customer shall be responsible for the maintenance of all irrigation lines and appurtenances on the property served by the city. The city reserves the right to disconnect the service to any property that does not maintain their system. In addition, should the customer require irrigation water at different pressures, or different quality, or in any way different from that normally supplied by the city, he or she shall be responsible for adding the necessary devices to make these adjustments and obtaining the approval of the Director, prior to installing the devices.

(Ord. 6-92, 2-10-1992)

A customer's account will become delinquent in accordance with the city's Utility Rate Policy Resolution. The person not paying the billing will be considered delinquent and irrigation water service, regardless of location, that is being supplied to that customer may be discontinued until the billing is paid in full along with the appropriate connection charges, if any.

(Ord. 6-92, 2-10-1992)

(a)

The city may discontinue irrigation water service to any customer due to an infraction of these procedures and regulations, non-payment of bills, for tampering with any service, for plumbing cross-connections with another water source, or for any reason that may be detrimental to the system or usage that may conflict with F.A.C. Chapter 17-610. The city has the right to cease service until the condition is corrected and all costs due the city are paid. These costs may include delinquent billings, connection charges, inspection fees and payment for any damage caused to the system. Should discontinued service be turned on without authorization, then the Department shall remove the service and make an additional charge.

(Ord. 6-92, 2-10-1992)

(b)

There shall not be a fee for discontinuing irrigation water service, if requested by the customer. The request must be received by the Department at least two days prior to discontinuation. All current bills shall be paid by the customer including a bill for the use during the period prior to discontinuation of service.

(Ord. 6-92, 2-10-1992)

Within 30 working days of receipt of request for connection, city will install a service box with lock. The box will contain a hose bibb and appurtenances for hook-up to underground irrigation system. Customer's systems shall include no above ground hose bibs.

(Ord. 6-92, 2-10-1992)

(a)

In all premises where irrigation water service is provided, the public potable water supply shall be protected by a DER approved cross-connection control assembly installed by the Utilities Department. Where any cross-connection is found, it shall be disconnected by the city. Before reconnection of that service, the public potable water system shall be protected against the possibility of future cross-connections, and additional devices may be required as specified by the Director and installed at the customer's expense.

(b)

To determine the presence of any potential hazards to the public potable water system, the Lee County Health Department and/or the city shall have the right to enter upon the premises of any customer receiving irrigation water at any reasonable time without notice. Each customer of irrigation water service shall, by application, give written consent to the entry upon his or her premises.

(Ord. 6-92, 2-10-1992; Ord. 44-11, 8-22-2011)

(a)

The City Council shall, after a duly noticed public hearing, establish and adopt by resolution a schedule for fees and charges incidental to operation of the city's irrigation water utility system. The City Council may modify the fee schedule from time to time by resolution.

(b)

All city owned and operated facilities shall pay all appropriate charges and fees associated with the irrigation water system, except for facilities of the Utilities Division that function in the provision of utility service.

(Ord. 6-92, 2-10-1992; Ord. 80-00, § 3, 8-28-2000; Ord. 48-13, 9-9-2013)

(a)

If a customer has illegally constructed a cross-connect without city notice, the city shall be held harmless.

(b)

The city shall make a reasonable effort to inspect and keep their facilities in good repair but assumes no liability for any damage caused to the system that is beyond the control of normal maintenance or due to situations not previously reported to the Department. This shall include damage due to breaking of pipes, poor quality of water caused by unauthorized or illegal entry of foreign material into the system, faulty operation of fire protection facilities or other reasons.

(Ord. 6-92, 2-10-1992)

Any provision of any city ordinance or other provisions which are inconsistent or in conflict with the provisions of this article are hereby repealed to the extent of any such inconsistency or conflict.

(Ord. 6-92, 2-10-1992)

(a)

The purpose of these regulations is:

(1)

To protect the public potable water supply against actual or potential cross- connections by isolating within the premise contamination of pollution that may occur because of some undiscovered or unauthorized cross-connection on the premise;

(2)

To eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption;

(3)

To eliminate cross-connections between drinking water systems and other sources of water or process water used for any purpose whatsoever which jeopardize the safety of the drinking water supply;

(4)

To prevent the making of cross-connections in the future;

(5)

To encourage the exclusive use of public sources of water supply; and

(6)

To protect the drinking water supply within the premise where plumbing defects or cross-connections may endanger the potable drinking water supply available on the premise.

(b)

These regulations are to be reasonably interpreted. It is the intent of these regulations to recognize that there are varying degrees of hazard and to apply the principle that the degree of protections should be commensurate with the degree of hazard.

(Ord. 22-93, 6-14-1993)

AIR-GAP SEPARATION. A physical break between a supply pipe and a receiving vessel. The air-gap shall be at least double the diameter of the supply pipe, measured vertically above the top rim of the vessel, in no case less than one inch.

APPROVED DOUBLE CHECK VALVE ASSEMBLY. An assembly of at least two independently acting approved check valves including tightly closing shut-off valves on each side of the check valve assembly and suitable leak detector drains plus connections available for testing the water tightness of each check valve.

APPROVED WATER SUPPLY. Any water supply approved by. or under the public health supervision of, a public health agency of the State of Florida or its political subdivision.

AUXILIARY SUPPLY. Any water supply on or available to the premises other than the public water supply.

CROSS-CONNECTION. Any unprotected connection between any part of a water system used or intended to supply water for drinking purposes and any source or system containing water or substance that is not or cannot be approved as safe, wholesome and potable for human consumption.

DOUBLE DETECTOR CHECK VALVE ASSEMBLY. An assembly of at least two independently acting approved check valves including tightly closing shut-off valves on each side of the check valve assembly, plus properly located test cocks for the testing of each check valve. A bypass arrangement consisting of an approved meter and an approved double check valve shall be incorporated with the device for detection of leaks, and unauthorized use of water.

REDUCED PRESSURE BACKFLOW PREVENTION DEVICE. An approved device incorporating two or more check valves and an automatically operating differential relief valve located between the two checks, two shut-off valves and equipped with necessary appurtenances for testing. The device shall operate to maintain the pressure in the zone between the two check valves, less than the pressure on the public water supply side of the device. At cessation of normal flow the pressure between the check valves shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve shall open to atmosphere thereby providing an air gap in the device. To be approved these devices must be readily accessible for maintenance and testing and installed in a location where no part of the valve will be submerged.

(Ord. 33-15, 8-31-2015)

(a)

Each service connection from a public water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the public water system, unless the auxiliary water supply is accepted as an additional source by the water purveyor, and is approved by the public health agency having jurisdiction.

(b)

Each service connection from a public water system for supplying water to premises on which any substance is handled under pressure in a fashion as to permit entry into the water system shall be protected against backflow of the water from the premises into the public system. This shall include the handling of process waters and waters originating from the public water supply system which have been subject to deterioration in sanitary quality.

(c)

(1)

Backflow prevention devices shall be required on the service connection to any premises likely to have internal cross-connections.

(2)

It shall be the responsibility of the water user to provide appropriate protective devices as required under § 19-151.

(Ord. 22-93, 6-14-1993)

The protective device required shall depend on the degree of hazard which exists or may occur as tabulated below:

(a)

At the service connection to any premises where there is auxiliary water supply handled in a separate piping system with no known cross-connection, the public water supply shall be protected by an approved double check valve assembly.

(b)

At the service connection to any premise on which a substance that would be objectionable (but not necessarily hazardous to health), if introduced into the public water supply, is handled so as to constitute a cross-connection, the public water supply shall be protected by an approved double check valve assembly.

(c)

At the service connection on any premise on which there is an auxiliary water supply where cross-connections are known to exist which cannot be presently eliminated, the public water supply system shall be protected by an approved reduced pressure backflow prevention device. A double check valve assembly may be used in lieu of the device if local experience indicates that double check valves are reliably operated an if approved by the water purveyor and the Florida Department of Environmental Protection.

(d)

At the service connection to any premise on which any material dangerous to health or toxic substance in toxic concentration is or may be handled under pressure, the public water supply shall be protected by an air-gap separation. The air-gap shall be located as close as practicable to the service cock and all piping between the service cock and receiving tank shall be entirely visible. If these conditions cannot reasonably be met, the public water supply shall be protected with either an approved reduced pressure backflow prevention device, or an approved double check valve assembly, providing the alternative is acceptable to both the water purveyor and the Florida Department of Environmental Protection.

(e)

At the service connection to any sewage treatment plant or sewage pumping station the public water supply shall be protected by an air-gap separation. The air-gap shall be located as close as practicable to the service cock and all piping between the service cock and receiving tank shall be entirely visible. If these conditions cannot be reasonably met, the public water supply shall be protected with an approved reduced pressure backflow protection device, providing this alternative is acceptable to both the water purveyor and the Florida Department of Environmental Protection.

(Ord. 22-93, 6-14-1993; Ord. 58-23, § 1, 8-16-2023)

(a)

The City Utilities Director, or City Utilities Director's designee, is granted the authority to inspect any and all water service connections served by the public water supply, and to take appropriate action to ensure the integrity of the water system. Duly authorized representatives of the City shall be permitted to enter any structure or property served by a connection to the public water supply system of the City to inspect for actual or potential cross-connections or water quality, to test and inspect backflow prevention devices, to conduct health hazard assessments, to inspect reclaimed water or reuse water systems, and to identify hazards that could contaminate the public water supply system. In order to protect the public water supply system, granting reasonable access to the City and its agents to enter private property for such inspections is a condition of receiving City utility service.

(b)

It shall be the duty of the commercial or multi-family water user on any premise on account of which backflow protective device are installed to allow the City and its agents to make competent inspections at least once a year, or more often in those instances where successive inspections indicate repeated failure. These devices shall be repaired, overhauled or replaced at the expense of the water user within 30 calendar days from whenever they are found to be defective. Records of the test, repairs and overhaul shall be kept and made available to the water purveyor and the Florida Department of Environmental Protection.

(c)

Nothing herein shall relieve the water user of the responsibility for conducting, or causing to be conducted, periodic surveys of water use practices on the premises to determine where there are actual or potential cross-connections in the user's system through which contaminants or pollutants could backflow in the public water supply system.

(Ord. 22-93, 6-14-1993; Ord. 44-11, 8-22-2011; Ord. 58-23, § 1, 8-16-2023)

(a)

Unless approved by the City of Cape Coral Utilities Director, water systems for fighting fire, derived from a supply that cannot be approved as safe or potable for human consumption or use shall be kept wholly separate from drinking water pipelines and equipment. In no case shall a single domestic water service line be used for both drinking and fire fighting purposes. In no case shall a fire protection system be installed on a reclaimed water main. In all cases, an approved backflow prevention device shall be installed to protect individual drinking water lines. For firefighting purposes, all fire line systems shall have an independent dedicated fire service connection with its own separate approved backflow prevention device and meter assembly. It is hereby declared that it is the responsibility of the person or persons causing the introduction of said unapproved or unsafe water into the pipelines to see:

(1)

That a procedure be developed and carried out to notify and protect users of this piping system during the emergency; and

(2)

That special precautions be taken to disinfect thoroughly and flush out all pipelines which may have become contaminated before they are again used to furnish drinking water. In the event the means of protection of water consumers is by disinfection of the auxiliary fire fighting supply, the installation and its use shall be thoroughly reliable.

(b)

When disinfection of the auxiliary supply itself is depended upon to render the water safe, the means of applying the disinfectant under this regulation shall be automatic with operation of the pumps employed with the dangerous water in question. Adequate supplies of chlorine or its compounds must be kept on hand at all times. Chlorine dosing equipment shall be tested daily and kept in good operating condition.

(c)

The public water supply must be protected against backflow from the dual domestic fire systems as detailed in § 19-151.

(Ord. 22-93, 6-14-1993; Ord. 33-15, 8-31-2015)

Potable water pipelines connected to equipment for industrial processes or operations shall be disconnected therefrom if practicable. Where disconnection is not practicable, a suitable backflow prevention device located beyond the last point from which drinking water may be taken shall be provided on the feed line to process piping or equipment. In the event particular process liquid is especially corrosive or apt to prevent reliable action of the backflow prevention device, air-gap separation shall be provided. These devices shall be tested by the City or its agents at least once a year, or more often in those instances where successive inspections indicate repeated failure. The device shall be repaired, overhauled or replaced, at the expense of the water user, whenever they are found to be defective. Records of tests, repairs and replacement shall be kept by the City and shall be available upon request to the Florida Department of Environmental Protection and the potable water user.

(Ord. 22-93, 6-14-1993; Ord. 58-23, § 1, 8-16-2023)

Sewage pumps shall not have priming connections directly off any drinking water systems. No connections shall exist between the drinking water system and any other piping, equipment or tank in any sewage treatment plant or sewage pumping station.

(Ord. 22-93, 6-14-1993)

(a)

Where the circumstances are such that there is special danger to health by the backflow of sewage, as from sewers, toilets, hospital bedpans and the like, into a drinking water system, a dependable device or devices shall be installed to prevent the backflows.

(b)

The purpose of these regulations is to transcend local plumbing regulations but only to deal with those extraordinary situations where sewage may be forced or drawn into the drinking water piping. These regulations do not attempt to eliminate at this time the hazards of back-siphonage through flushometer valves on all toilets but deal with those situations where the likelihood of vacuum conditions in the drinking water system is definite and there is special danger to health. Devices suited to the purpose of avoiding back-siphonage from plumbing fixtures are roof tanks or separate pressure systems separately piped to supply such fixtures, recognized approved vacuum or siphon breakers and other backflow protective devices which have been proved appropriate tests to be dependable for destroying the vacuum.

(c)

Inasmuch as many of the serious hazards of this kind are due to water supply piping which is too small, thereby causing vacuum conditions when fixtures are flushing or water is drawn from the system in other ways, it is recommended that water supply piping that is too small be enlarged whenever possible.

(Ord. 22-93, 6-14-1993)

Backflow protection by a suitable backflow prevention device shall be provided on each drinking water pier head outlet used for supplying vessels at piers of waterfronts. These assemblies must be located where they will prevent the return of any water from the vessel into the drinking water pipeline or into another adjacent vessel. This will prevent such practices as connecting the ship fire pumping or sanitary pumping system with a dock hydrant and thereby pumping contaminated water into the drinking water system and thence to adjacent vessels or back into the public mains.

(Ord. 22-93, 6-14-1993)

(a)

Where the premises contain dual or multiple water systems and piping, the exposed portions of pipelines shall be painted, banded or marked at sufficient intervals to distinguish clearly which water is safe and which is not safe. All outlets from secondary or other potentially contaminated systems shall be posted as being contaminated and unsafe for drinking purposes. All outlets intended for drinking purposes shall be plainly marked to indicate that fact.

(Ord. 22-93, 6-14-1993)

(b)

In the event of contamination or pollution of the drinking water system due to cross- connection on the premises, the City of Cape Coral Utilities and the Florida Department of Environmental Protection shall be promptly advised by the person responsible for the water so that appropriate measures may be taken to overcome the contamination

(Ord. 22-93, 6-14-1993; Ord. 49-96, 9-24-1996; Ord. 44-11, 8-22-2011; Ord. 58-23, § 1, 8-16-2023)

The City Utilities Director, or the City Utilities Director's designee, shall have the authority to immediately discontinue service to any premise where cross-connections or other hazards to the potable water system are found to exist, and shall not again render service to the premises until the hazards are eliminated in accordance with this article. The City and its agents shall have the authority to hire a licensed plumbing contractor to test, inspect, install, and repair all backflow prevention devices that are regulated by this article. Notwithstanding the foregoing, the water user may elect to hire their own licensed plumbing contractor to make repairs required pursuant to this article. In the event that a property is not brought into compliance by the water user within 30 calendar days of receipt of a notice of non-compliance by the City, the City shall have the authority to make all necessary repairs at the expense of the water user. The City shall have the authority to charge the utility user all costs incurred by the City to bring the property into compliance with the provisions of this article on their next monthly water bill. Any user who violates any of the provisions of this article or alters, bypasses or renders inoperative any backflow prevention device installed under the provisions of this chapter shall be subject to immediate discontinuance of potable water service. Service shall not again be rendered until the violation or non-compliance has been corrected.

(Ord. 22-93, 6-14-1993; Ord. 58-23, § 1, 8-16-2023)

The purpose of this article is to protect wells and approved future well-sites from sanitary hazards by requiring a 100 foot protective radius around each well or approved future well-site.

As used in this article, the following words or terms shall have the meanings indicated:

APPROVED FUTURE WELL-SITE. A site approved by City of Cape Coral City Council for the future location of a well.

COMMUNITY WATER SYSTEM. A public water system which serves at least 15 service connections used by year round residents or regularly serves at least 25 year round residents.

HAZARDOUS STRUCTURES, USES, MATERIALS OR PREMISES. Structures, uses, materials or premises that constitute a fire, explosion or safety hazard and/or emit any atmospheric or environmental pollutant(s), light flashes, noxious gases, electromagnetic interference, radioactive emissions, smoke or heat, glare, dust, direct odor, noise or vibrations which may be heard or felt off the premises.

NON-COMMUNITY WATER SYSTEM. A public water system that is not a community water system. A NON-COMMUNITY WATER SYSTEM is either a "transient non-community water system" (TWS) or a "non-transient non-community water system" (NTNCWS).

NON-TRANSIENT NON-COMMUNITY WATER SYSTEM. A public water system that is not a community water system and that regularly serves at least 25 of the same persons over six months per year.

PUBLIC WATER SYSTEM or PWS. A system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if the system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Such term includes, but is not limited to, any collection, treatment, storage and distribution facilities under control of the operator of the system and used primarily in connection with the system; and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. A PUBLIC WATER SYSTEM is either a "community water system" or a "non-community water system" in accordance with 40 C.F.R. part 141, § 2.

SANITARY HAZARD. Any physical condition which involves or affects any part of a drinking water system or the raw water source, and that creates an imminent or potentially serious risk to the health of any person who consumes water from that system.

SURFACE WATER. All water which is open to the atmosphere and subject to runoff. Water from natural springs shall be classified as surface water when it exists from the spring onto the earth's surface.

TRANSIENT NON-COMMUNITY WATER SYSTEM or TWS. A non-community water system that does not regularly serve at least 25 of the same persons over six months per year.

WELL. Any excavation that is drilled, cored, bored, washed, driven, dug, jetted or otherwise constructed when the intended use of the excavation is to conduct ground water from a source bed to the surface, by pumping or natural flow, when ground water from such excavation is used or is to be used for a public water supply system.

(a)

This article was established in accordance with F.A.C. Rule 62-555.312.

(b)

No sanitary hazard shall be located within 100 feet of any well or approved future well-site. Examples of sanitary hazards that are prohibited within 100 feet of any well or an approved future well-site shall include, but are not limited to, the following:

(1)

Active or abandoned mines;

(2)

Airplane or train fueling or maintenance areas at airports and railroad yards;

(3)

Animal feeding operations other than those regulated under F.A.C. Rule 62-670.500;

(4)

Concentrated aquatic animal production facilities;

(5)

Domestic wastewater collection/ transmission systems;

(6)

Drainage or injection wells, oil or gas production wells, and improperly constructed or abandoned wells (i.e., wells not constructed or abandoned in accordance with F.A.C. Chapter 62-532);

(7)

Fertilizer, herbicide or pesticide storage areas at agricultural sites, golf courses, nurseries and parks;

(8)

Graveyards, cemeteries or pet cemeteries;

(9)

Impoundments and tanks that process, store or treat domestic wastewater, domestic wastewater residuals, or industrial fluids or waste and that are not regulated under F.A.C. Rule 62-670.500;

(10)

Industrial wasteland application areas other than those regulated under F.A.C. Rule 62-670.500;

(11)

Junkyards and salvage or scrap yards;

(12)

Pastures with more than five grazing animals per acre;

(13)

Pipelines conveying petroleum products, chemicals or industrial fluids or wastes;

(14)

Underground storage tanks that are not regulated under F.A.C. Chapter 62-761, but are used for bulk storage of a liquid pollutant or hazardous substance (as defined in F.A.C. Chapter 62-761) other than sodium hypochlorite solution;

(15)

Aboveground storage tanks that are not regulated under F.A.C. Chapter 62-761, but are used for bulk storage of a liquid pollutant or hazardous substance (as defined in F.A.C. Chapter 62-761) other than sodium hypochlorite solution;

(16)

Fertilizer, herbicide or pesticide application areas that are not under the ownership or control of the supplier of water at agricultural sites, golf courses, nurseries and parks;

(17)

Railroad tracks;

(18)

Stormwater detention or retention basins;

(19)

Surface water; or

(20)

Hazardous structures, uses, materials or premises.

(a)

The City of Cape Coral and, if necessary, the Florida Department of Environmental Protection or the appropriate water management district or delegated permitting authority such as the Lee County Health Department shall approve a decrease in the standard well setback distances described above if justified by any of the following:

(1)

The presence, thickness, and extent of natural barriers such as impermeable geological strata;

(2)

The design and construction of the well, including the depth of the well;

(3)

The drinking water treatment provided; or

(4)

The use of alternative means to reduce public health risks, such as the use of encasement or restrained joints to eliminate or minimize leakage from a pipeline that is a sanitary hazard, or the use of additional drinking water monitoring.

(b)

The City of Cape Coral and water management districts and delegated permitting authorities such as the Lee County Health Department shall obtain the Florida Department of Environmental Protection's concurrence before decreasing well setback distances because of either the type of drinking water treatment provided or the use of alternative means to reduce public health risks.

(Ord. 46-05, 5-9-2005)