This chapter shall be known as the City of Hallandale Beach "Utility Code" and may be so cited.

(Ord. No. 2014-22, § 2, 8-20-2014)

The provisions of this chapter shall apply to all land, buildings, structures, lots, building site, site, plot, or tract within the boundaries of the City of Hallandale Beach.

(Ord. No. 2014-22, § 2, 8-20-2014)

(a)

Fees for connection to utility and services systems. Connection charges shall apply to bring city utilities and services to the owner's property line.

(b)

Rates, fees, and charges generally. Any rate, fee, or charge provided for in this chapter shall be set by resolution as approved by the city commission.

(c)

Residential and non-residential, shall pay, in addition to the base/availability charges a monthly rate for usage. Water meters used exclusively for irrigation or swimming pool purposes shall not be subject to sewer usage charges.

(d)

Billing procedures; delinquent accounts.

(1)

Bills for the city utility services shall be rendered once per month, based on the rate structures then in effect, and shall be due when rendered and delinquent 20 days subsequent to the billing date.

(2)

If payment has not been received by the city by the delinquency date, a "past due" notice will be issued, to the account holder and/or owner of the property and a late payment fee, shall be applied to the customer's subsequent monthly bill.

(3)

If "past due" payment is not received during regular business hours on the 10th day following the date of the "past due" notice, utility service shall be subject to disconnection.

(4)

The city manager or designee, shall have the discretion to set up a payment plan in accordance with city policy.

(5)

Bill(s) will be issued to the occupant(s) of the serviced property, if other than the property owner, and to the owner of the serviced property.

(6)

Account holders are responsible for the payment of all charges incurred at the service property.

(7)

Property owner(s) must notify the city of any changes to the current mailing address, electronic mail (email) address(es), mobile/cellular phone number(s), and telephone number(s) on file within 15 days of such changes.

(8)

Payments to reestablish service after discontinuance or disconnection of water services shall require payment by cash, money order, credit card or certified bank check prior to reconnection of utility services.

(9)

All monies owed to the city for services shall be recorded as a lien on the subject property no earlier than 30 days after an account becomes delinquent and shall be subject to collections. The lien shall be recorded in the public records of Broward County and may be foreclosed in the same manner provided by Florida law for the foreclosure of mortgages on real property.

(10)

Debt collections. The City of Hallandale Beach may pursue the collection of any fees, interest, service charges, fines or costs to which it is entitled which remain unpaid for 90 days or more by referring the account to a collection agent which is registered and in good standing pursuant to F.S. ch. 559. The collection fee paid to any collection agent may be added to the balance owed, in an amount not to exceed 40 percent of the amount owed at the time the account is referred to the agents for collection.

(11)

Computation of time. Unless specifically provided otherwise, all time references in this chapter will be calendar days and shall be computed by excluding the first day and by including the last. Where the last day falls on a Saturday, Sunday or holiday, the next general working day will be used.

(12)

Disputing of additional charge. All disputes related to late payment charges must be made no later than 90 days of making the payment and shall be resolved in accordance with city policy.

(13)

No service free. Utility charges shall not be furnished or rendered free of charge to any person, entity or agency and such services shall be paid at the current rate then in effect.

(Ord. No. 2014-22, § 2, 8-20-2014; Ord. No. 2020-022, § 2, 9-2-2020)

Questions of definition or working usage shall be interpreted by the city manager or designee based on the context of their usage and the intent of the section of this chapter in which they occur. For the purpose of this chapter, the words and phrases used in this chapter shall have meanings defined below unless otherwise specifically provided or unless clearly required by context.

Affordable housing shall mean housing intended for occupancy by persons of low or moderate income as defined in F.S. § 420.9071, or any successor statute, and as to which the monthly rent or mortgage payment does not exceed 30 percent of the income levels specified for persons of low or moderate income in F.S. § 420.9071 or any successor statute.

Applicant shall mean the owner of a residential, multi-family, or commercial property.

Availability shall mean the sewer system or lines are available to any owner of property where such property is situated within 300 feet of any sewer line or main, and it is not necessary to cross the private property of another to make connection.

Base or availability charge shall mean a charge to assist in covering the fixed costs associated with the maintaining of the water and sewer systems for the City of Hallandale Beach.

Building shall mean any structure whether temporary or permanent, built for the support, shelter, or enclosure of persons or property of any kind. This term shall include tents, trailers, mobile homes, or any vehicles serving in any way the function of a "building." This term shall not include temporary construction sheds or trailers erected to assist in construction and maintenance during the term of a building permit.

Building permit shall mean an official document or certificate issued by the authority, city or county, having jurisdiction authorizing the commencement of construction of any building or parts thereof; the term also includes construction plan approval for new mobile home development and new recreational vehicle spaces.

City shall mean the City of Hallandale Beach or official acts of the city commission.

Commercial shall mean a use of land or a building for non-residential purposes and shall encompass all uses not characterized as residential service as defined below.

Comprehensive plan shall mean the Comprehensive Plan of the City of Hallandale Beach adopted and amended pursuant to the Local Government Comprehensive Planning and Land Development Act.

Customer/consumer shall mean any person, firm, corporation or other entity which is served by the city water system.

Deduct meter shall mean a water meter which measures the amount of water not discharging into the sanitary sewer system. This includes water used for lawn irrigation systems or outside hose connections. There shall be no permanent or temporary water piping system that passes water from the deduct meter to any interior water outlet. The measurement of the deduct meter shall be deducted from the consumers sewer usage based upon the reading of the primary water meter.

Delinquent shall mean any utility bill that remains unpaid beyond 20 days from the original bill date.

Developer shall mean the person or entity responsible for developing and constructing affordable housing.

District shall mean the South Florida Water Management District.

Dwelling unit shall mean any housing unit for the purpose of providing residential shelter; each single-family residential unit, residential condominium, duplex, triplex, mobile home, modular housing, manufactured home, or multiple family unit designated or intended to provide human habitation.

Encumbered shall mean funds committed in the capital improvements program for a specified improvement on a specified time schedule.

Equivalent residential unit (ERU) shall mean the statistical average horizontal impervious area of a residential property within the city which has been determined to be 0.022 acres. The horizontal impervious area includes but is not limited to all areas covered by structures, roof extensions, patios, porches, driveways and sidewalks. ERU shall also mean the level of service (LOS) expressed as the amount of usage (gallons) allocated on an average daily basis, and whereas one ERU represents the reserve capacity (average daily usage) of one residential unit.

Existing structure shall mean a structure for which a building permit was issued before the effective date of this article.

Human excrement shall mean the bowel and kidney discharges of human beings.

Impervious area shall mean the area of land, measured in a horizontal plane, which has impervious surface.

Impervious surface shall mean the surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes but is not limited to semi-impervious surfaces such as compacted clay, as well as streets, roofs, sidewalks, parking lots and other similar surfaces.

Land shall mean the earth, water and air above, below, or on the surface, and includes any improvements or structures customarily regarded as land.

Master meter shall mean a single meter serving a multi-family residential, or multi-unit commercial facility.

Multi-family shall mean five or more dwelling units on a lot.

New structure shall mean a structure for which the building permit was issued on or after the effective date of this article.

Non-residential property shall mean developed property that is classified by the property appraiser as land use types 10 through 99 under the Florida Department of Revenue Land Use Codes, as may be amended from time to time, and shall be deemed to include, but not be limited to, dormitories, hospitals, nursing homes, professional buildings, commercial, industrial buildings, hotels and motels.

Non-residential structure shall mean any building which encloses space for the occupancy by persons or their activities, other than residential dwellings, including but not limited to professional buildings, commercial and industrial buildings, hotels, and motels.

Other available funds shall mean any funds so designated by the City of Hallandale Beach to be used for economic development incentives.

Owner shall mean the person, firm, corporation, association, or occupant having a legal interest, solely or only partial, in any premises which is, or is about to be, supplied with utility services by the city and the word "owners" means all interested.

Recovery system shall mean a system which collects water employed to wash vehicles and recycles such water for reuse at a vehicle wash. Such system shall be designed to minimize water consumption by a vehicle wash.

Residential shall mean a single family dwelling, duplex, triplex, four-plex, multi-family, and mobile homes.

Sanitary water closet shall mean any flush toilet which is properly connected with the city sewer.

Schedule of accrued guaranteed revenue charges (AGRCs) shall mean the schedule of charges incorporated in section 30-254 of this article.

Schedule of impact fees shall mean the schedule of fees incorporated in section 30-253 of this article.

Septic tank shall mean an underground cavity with watertight walls into which flows the effluent of sanitary water closets and from which the effluent does not come to the surface of the ground.

Services shall mean water, sewer, solid waste collection, fire inspection, recycling, fire line inspection and stormwater drainage rendered to a property.

Stormwater shall mean the portion of precipitation that does not naturally percolate into the ground or evaporates, but flows via overland flow, interflow, pipes, and other features of a storm water drainage system into a defined surface water body, or a constructed infiltration facility.

System shall mean the water and wastewater systems of the city.

Tampering shall mean the unauthorized access or manipulation of meter boxes, locking devices, pad locks or other water metering equipment.

Tiered rate schedule (conservation tier charge) shall mean the water and sewer usage charge billed on a monthly basis for a connection which varies by metered water usage, which is designed in a manner that encourages conservation.

Undeveloped property shall mean the land which has not been improved by the addition of any building, structure or impervious surface. For new construction, a property shall be considered developed pursuant to this article as follows:

(1)

Upon issuance of a certificate of occupancy, or upon completion of construction or final inspection if no such certificate is issued; or

(2)

Where construction is at least 50 percent complete and construction is halted for a period of three months.

Usage charge shall mean the charge per 1,000 gallons per unit billed on a monthly basis for metered water and sewer usage. Usage is charged under a tiered rate schedule.

Utility shall mean water, sewer, solid waste, and stormwater services owned and operated by the city. The term utility shall have the same meaning as services and may be used interchangeably throughout this chapter.

Vehicle wash shall mean any building or premises for washing motor vehicles using a chain conveyor or other method of moving the vehicle along or in which the vehicle moves under its own power and automatically or semi automatically applies cleaner, brushes, rinse water or heat for drying.

Wastewater shall include but not be limited to water that has been used, as for washing, flushing, or in a manufacturing process, and so contains waste products; sewage and the like. The term wastewater and sewer shall be used interchangeably throughout this chapter.

Water resource shall mean any and all water on or beneath the surface of the ground, including natural or artificial watercourses, lakes, ponds, or diffused surface water, and water percolating, standing or flowing beneath the surface of the ground.

Water shortage condition shall mean a state when sufficient water is not available to meet present or anticipated needs of persons using the water resource, or when conditions are such as to require temporary reduction in total water usage within a particular area to protect the water resource from serious harm. A water shortage usually occurs due to drought.

Water shortage emergency shall mean a situation when the powers which can be exercised under F.A.C. ch. 40E-21, pt. II, are not sufficient to protect the public health, safety, or welfare; or the health of animals, fish or aquatic life; or a public water supply; or commercial, industrial, agricultural, recreational or other reasonable uses.

Water user shall mean the person or entity whose name an account for services is established for utility services.

(Ord. No. 2014-22, § 2, 8-20-2014)

(a)

Applications for services.

(1)

Before any person shall be entitled to city utility services, they must execute and sign a written application with the city and pay a security deposit in the amount established by resolution.

(2)

Water, sewer, stormwater, and solid waste accounts shall be established in the name of the property owner.

(3)

Any existing account established in a tenant(s) name upon the effective date of this chapter shall be reestablished in the name of the property owner by January 1, 2016.

(4)

Charges for utility services shall be rendered to the utility customer on one bill provided that the charges shall be listed separately thereon, and provided further that no customer shall pay the charges for any thereof without simultaneously paying the charges for all the others thereof.

(b)

Water meter required. All water customers shall be required to have metered service, and all water meters shall be furnished by the city. However, it shall be the responsibility of the owner/builder to install all necessary piping and accoutrements from the water main to the meter and from the meter to the structure.

(c)

Change of ownership. Unless the city is otherwise notified of a change of ownership, the prior owner of property shall remain liable for all charges rendered at a serviced property unless the prior owner shall notify the city in writing not later than three days following the change in ownership and the city has had reasonable time to discontinue all services.

(d)

New and expanded properties. In addition to the requirements in this article applicants for new and expanded properties must complete the appropriate applications and follow the same guidelines as stated in section 30-5(a).

(e)

Water and wastewater impact and AGRC fees. Any person who seeks to connect to the city's water and/or wastewater system, or whom expands and/or changes the use of an existing facility beyond the current reserved capacity for such facility is hereby required to pay a water and/or wastewater impact fee and is required to pay a water/and or wastewater accrued guaranteed revenue charge (AGRC) in the manner and amount set forth in the schedule of (AGRC); pursuant to the schedule of impact fees as set forth in article VI. Water and wastewater impact and AGRC fees shall be calculated by the city engineer or designee and shall be paid prior to the issuance of building permits.

(Ord. No. 2014-22, § 2, 8-20-2014)

(a)

Deposits required by this article shall serve to secure the monies owed to the city for monthly utility services rendered. Deposit amounts shall be established by rate schedule as approved by resolution. Deposits shall not bear interest.

(1)

Deposit increase. Where an account has had water/sewer services disconnected on more than two billings within a 12-month period the city reserves the right to increase the security deposit by an amount sufficient to guarantee payment of all charges. Any account subject to a deposit increase shall be notified in writing the additional increased deposit amount. Increased deposits shall be paid within 30 days from the date of the notice. Failure to pay an increased deposit within 30 days shall result in discontinued and/or disconnection from the utilities system for which applicable charges shall apply.

(2)

Any security deposit may be applied by the city at any time in satisfaction of indebtedness for water and sewer services which may be or may be applied in discharge of any indebtedness of the customer to the city whatsoever and the city may use said deposit as if the city were the absolute owner thereof. This deposit shall not preclude the city from discontinuing, for nonpayment, any and all services covered by this deposit regardless of sufficiency of said deposit to cover such indebtedness for such service.

(3)

Deposit refunds or credits. The city shall automatically refund a deposit to the account holder in accordance with the provisions as stated below:

a.

To an account holder who has good payment history and has maintained timely payments for utility services for the prior 24 monthly billings subject to the provisions of section 30-6(b).

b.

To an account holder who has moved and requests a cancellation of utility services, the deposit shall be remitted in the form of a credit to the account, subject to the provisions of section 30-6(b).

c.

Any monies remaining after all charges have been satisfied will be remitted to that account holder.

(b)

Additional meters. A separate deposit shall apply to each individual meter. In addition, the applicant shall remit payment for the meter, an inspection fee, and administrative charges. Administrative charge shall apply to each individual meter.

(Ord. No. 2014-22, § 2, 8-20-2014; Ord. No. 2015-01, § 1, 2-18-2015)

(a)

Water and sewer base charges. All residential or non-residential properties, shall pay a monthly base/availability charge for water and wastewater. The base/availability charge shall be assessed for so long as the utility services remain available to the property, whether the services are turned on or off or meter is removed. Empty lots are exempt from base/availability charges. Any building having separate units, including mobile home sites within a mobile home park, shall be deemed a separate user, for purposes of this section. Each dwelling unit, or motel or hotel room, shall, without limitation, be considered a unit.

(1)

Unit changes. A property owner(s) may request a review of their property for the purpose of changing the number of units the city has assigned for base/availability charge billing.

(b)

Water and sewer consumption charges. All metered accounts, shall pay a monthly consumption charge based on individual or master metered usage.

(c)

Deduct meter charges. Accounts who request a deduct meter for sprinklers, swimming pools, and/or cooling towers will have the deduct meter usage subtracted from the master meter. Sewer charges shall not apply to deduct meters.

(d)

Stormwater drainage fees. A stormwater utility fee is imposed upon each lot and parcel within the city for services and facilities provided by the stormwater management utility. Bills or statements for the stormwater utility fee shall be rendered at least annually. Bills shall be payable in the same manner and are subject to the same penalties as set forth in this chapter for water bills.

(1)

Residential. For purposes of imposing the stormwater utility fee, each residential dwelling unit shall be billed a flat fee established for residential units as the rate established for one equivalent residential unit (ERU).

(2)

Non-residential. All nonresidential properties shall be billed as set forth in article V, stormwater management utility.

(e)

Solid waste and recycling charges. In accordance with the current fee booklet, charges for solid waste and recycling shall be charged in accordance with sections 32-640 and 32-642 as follows:

(1)

Residential. Charged a monthly base fee for solid waste pursuant to the current fee booklet.

(2)

Non-residential. Multi-family and commercial accounts are charged per container and frequency under separate rate schedules as specified in the current fee booklet.

(Ord. No. 2014-22, § 2, 8-20-2014)

(a)

A separate fee will be charged annually for water service when used for sprinkling systems or other fire protection systems.

(b)

Installation of detecto check meters. On or before May 16, 1995, all water users are required and directed to install and maintain detecto check meters and detecto check valves or backflow preventers on all existing unmetered fire lines.

(1)

Unauthorized consumption; penalties. It shall be unlawful for any person to use or consume unmetered fire line water unless such use or consumption is for fire protection.

(2)

Violations of this section shall be subject to the imposition of penalties applicable generally to municipal ordinance violations; and, in addition, persons violating the provisions of this section shall be subject to the jurisdiction of the special magistrate as established by ordinance.

(3)

Unauthorized consumption; charges. Whenever fire line water is used or consumed but such use or consumption is not for fire protection, the city shall send to the water user, by certified mail, return receipt requested, a notice requiring him/her to discontinue such unlawful use or consumption immediately and warning that failure to do so will result in the city's installing a full flow meter at the water users expense, the approximate amount of which shall be included in the notice. The water user shall pay the appropriate charges for the water estimated by the city to have been unlawfully used or consumed. Any utility bill that includes charges for estimated use or consumption as provided in this section shall also contain a notice of the utility user's right to appeal such charges.

(4)

If unlawful use or consumption of fire line water continues for more than 20 days after the water user receives notice pursuant to subsection (3)(1) of this section and a timely appeal is not filed, the city shall send to the water user, by certified mail, return receipt requested, a notice advising the water user of the city's intention to install a full flow meter at the account holders expense, the approximate amount of which shall be included in the notice. Such notice shall also advise the water user of his right to appeal the city's decision.

(c)

Installation of full flow meters.

(1)

If the city gives notice of its intention to install a full flow meter and a timely appeal is not filed, the city shall promptly install, at the expense of the water user, a full flow meter with required appurtenances.

(2)

If the city gives notice of its intention to install a full flow meter and such decision is sustained by the city commission on appeal, the city shall promptly install, at the expense of the water user, a full flow meter with required appurtenances.

(3)

After the installation of the full flow meter as provided in this subsection, the city shall bill the water user for all use or consumption measured by such meter that is not for fire protection at the current rate as authorized by resolution.

(d)

Annual fire line inspection fee. The city is required to provide an annual inspection and testing of all fire line metering systems. There shall be an annual inspection fee, which is subject to amendment by resolution.

(Ord. No. 2014-22, § 2, 8-20-2014)

(a)

It shall be unlawful and a violation of this Code subject to the penalties provided in section 1-8 to violate the provisions of this chapter; which shall include but not be limited to the following:

(1)

Tampering and illegal connection. A fine will be imposed against anyone making an illegal tap into the city's water system. The owner of a property which has been illegally connected to the city's water system is responsible and liable for the payment of any fine unless the owner can furnish evidence that the illegal tap was made by another individual. In such instance, the property owner is required, within ten days of notification of the violation, to furnish to the city an affidavit setting forth the name and address of the person who made the illegal tap. The affidavit submitted pursuant to this subsection shall be admissible in a proceeding charging an illegal water tapping violation and shall raise the rebuttable presumption that the person identified in the affidavit is responsible for the illegal water tap.

a.

Tampering fee(s) as set forth in the fee booklet shall be imposed against anyone reconnecting or tampering with a water meter which has been disconnected or locked by the city.

b.

Enforcement may be by the police department or by the procedures in chapter 9 of this Code.

(2)

Limitation of use.

a.

Remetered water/sewer service. Water/sewer services purchased from the city shall be used by the customer only for the purpose specified in the application for water/sewer service and the customer shall not sell or otherwise dispose of such water/sewer service supplied by the city. Water/sewer service furnished to the customer shall be rendered directly to the customer through city's individual meter and may not be remetered by the customer for the purpose of selling otherwise disposing of water/sewer 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 meters for the purpose of so remetering said water/sewer service, except for the purpose of the allocation of the direct cost of water and sewer service among multiple residential users, and then only pursuant to the city's express approval and only to the extent thereof. In no case shall a customer, except with the written consent of the city, extend his lines across a street, alley, land, court, property line, avenue, or other way, in order to furnish water/sewer service for adjacent property through one meter, even though such adjacent property be owned by the customer.

b.

Additional penalties. In case of such unauthorized extension, remetering, sale or disposition of service, customer's water/sewer service shall be subject to disconnection until such unauthorized extension, remetering, sale or disposition is discontinued and full payment is made of bills for water/sewer service, calculated on proper classification and rate schedules and reimbursement in full made to the city. Customer shall be charged and responsible for all costs incurred by the city for water testing and inspections.

(Ord. No. 2014-22, § 2, 8-20-2014)

(a)

Thirty-day delinquent accounts. If any utility bill is not paid within 30 days from the original bill date, all services shall be subject to:

(1)

Disconnection from the city's public works system;

(2)

Meter locked;

(3)

Disconnection/reconnection fee charged.

(b)

Sixty-day delinquent owner accounts. If any utility bill is not paid within 60 days from the original bill date, all services shall be subject to:

(1)

Meter removal (if tampering occurs);

(2)

Base/usage charges will continue to accrue and billed monthly.

(c)

Sixty-day delinquent tenant accounts. If any utility bill is not paid within 60 days from the original bill date, all services shall be subject to:

(1)

Meter removal (if tampering occurs);

(2)

Account finalized;

(3)

Deposit applied to final bill.

(d)

Reconnection of services. Customer must pay delinquent bill in addition to any disconnection/reconnection fee in full by 5:00 p.m. in order to have service restored same day. Payments received after 5:00 p.m. will be restored the next business day. Any 60-day delinquent accounts finalized shall be established in the name of the property owner for reconnection of services, and a new deposit charged, pursuant to section 30-5.

(e)

Base/availability charges shall apply after disconnection. If water services have been disconnected at any time after the first day of the next billing period, monthly base charges and any usage for that month shall apply.

(Ord. No. 2014-22, § 2, 8-20-2014)

(a)

Unpaid fees to constitute lien. In the event that the fees, rates or charges for the services and facilities of any water or sewer system shall not be paid as and when due, any unpaid balance thereof and all interest accruing thereon shall be a lien on any parcel or property affected thereby. Such liens shall be superior and paramount to the interest on such parcel or property of any owner, lessee, tenant, mortgagee or other person except the lien of county taxes and shall be on a parity with the lien of any such county taxes. In the event that any such service charge shall not be paid as and when due and shall be in default for 30 days or more the unpaid balance thereof and all interest accrued thereon, together with attorney(s) fees and costs, may be recovered by the city in a civil action, and any such lien and accrued interest may be foreclosed in the same manner provided by law for the foreclosure of a mortgage on real property.

(b)

Property owner(s) responsibility for utility service. The property owner is responsible for all utility services provided to the property. In the event service is discontinued for non-payment, service will be restored only after property owner has fully complied with provisions of this article.

(c)

Transfer of ownership. All unpaid amounts due to the city for all utility serviced to a customer's property shall become immediately due and payable in full upon any transfer of ownership of the property.

(Ord. No. 2014-22, § 2, 8-20-2014)

(a)

A temporary connection to the city water and sewer system may be made for purposes such as showing unoccupied property or testing the plumbing system on such property or other similar uses of a temporary nature as determined by the city. A service deposit will be required regardless of time frame of temporary service.

(b)

The service deposit will be based on the size of the meter used in accordance with the current adopted rate schedule.

(Ord. No. 2014-22, § 2, 8-20-2014)

(a)

Temporary disconnection of utility services. A written request for temporary disconnection of utility services shall only apply to current account holders in good standing, provided the deposit is retained. An additional fee shall be charged upon reconnection of services.

(b)

The following charges shall apply to all temporary disconnection accounts:

(1)

Base charges for water and sewer service.

(2)

Where water usage is registered during the temporary disconnection, for any reason, usage charges shall apply.

(3)

Base charges for solid waste collection as provided in section 32-640 shall be collected at a 50-percent reduction during the period of a temporary disconnection; however, customers holding disposal permits and serviced by a private hauler holding a hauling permit under section 32-639 at the time of a temporary disconnection shall not be required to pay the base charge for solid waste collection.

(c)

Permanent disconnection of utility services. When a written request for permanent disconnection of utility service is made by the account holder, the city shall issue a final meter reading, and discontinue water and sewer services, for which all applicable charges shall apply.

(d)

Any monies owed to the city after applying the deposit to satisfy final charges for permanent disconnection shall be immediately due by the account holder.

(Ord. No. 2014-22, § 2, 8-20-2014)

(a)

A stormwater utility fee is imposed upon each lot and parcel within the city for services and facilities provided by the stormwater management utility. For purposes of imposing the stormwater utility fee, each residential dwelling unit shall be billed a flat fee established for residential units as the rate established for one equivalent residential unit (ERU).

(b)

All nonresidential properties shall be billed based on their estimated impervious area divided by the ERU impervious area and then multiplied by the rate established for one ERU. The estimated impervious area of a nonresidential property shall be determined by multiplying the property area by the appropriate impervious factor as follows:

Formula: stormwater utility fee for nonresidential property =

ERU rate × total area of property (in acres) × impervious factor ERU (in acres)

The minimum fee for any nonresidential parcel shall be equal to the rate for one ERU.

(c)

Undeveloped property and city-owned property shall be exempt from the stormwater utility fee.

(d)

The city commission may, by resolution, change the average impervious area of one ERU.

(e)

The rate for one ERU shall be established in the schedule of fees and charges ("fee book"). This rate may be amended by resolution of the city commission.

(Ord. No. 2014-22, § 2, 8-20-2014)

Requests for adjustment of the stormwater utility fee shall be submitted through the public works engineer or his/her designee, who shall be given authority to administer the procedures and standards, and review criteria for the adjustment of fees as established in this section. All requests shall be judged on the basis of the amount of impervious area on the site, or the need for additional/enhanced stormwater facilities. No credit shall be given for the installation of facilities required by any agencies having jurisdiction for stormwater management. The following procedures shall apply to all adjustment requests of the stormwater utility fee:

(1)

Any owner who has paid his/her stormwater utility fees and who believes the impervious area determination to be incorrect may, subject to the limitations set forth in this article, submit an adjustment request to the public works engineer.

(2)

Requests for adjustment of stormwater utility fees shall be in writing on forms provided by the city, shall set forth in detail the grounds upon which relief is sought, and shall be filed along with a processing fee as set by resolution.

(3)

Adjustment requests made during the first calendar year that the stormwater utility fee is imposed will be reviewed by the public works engineer or his/her designee within a four-month period from the date of filing of the adjustment request. Adjustments resulting from such request shall be retroactive to the beginning of billings but shall not exceed one year.

(4)

The owner requesting the adjustment may be required, at his/her own cost, to provide supplemental information to the public works engineer or his/her designee, including but not limited to survey data and engineering reports, performed by either a registered professional land surveyor (R.P.L.S.) or a professional engineer (P.E.) currently registered in the state. Failure to provide such information may result in the denial of the adjustment request.

(5)

Adjustments to the stormwater utility fee will be made upon the granting of the adjustment request, in writing, by the public works engineer or his/her designee. Denials of adjustment requests shall be made in writing by the public works engineer or his/her designee.

(6)

Any property owner who disputes the results of a request made to the public works engineer for adjustment may petition in writing to the city manager or his/her designee for a review of said charges. The decision of the city manager shall be final.

(Ord. No. 2014-22, § 2, 8-20-2014)

It shall be the duty of the public works director or his/her designee to administer the stormwater utility program. The director shall keep an accurate record of all properties benefiting from the services and facilities of the municipal stormwater management utility and make changes in accordance with the ERU rate and the ERU area established in this article or by resolution.

(Ord. No. 2014-22, § 2, 8-20-2014)

There shall be established a stormwater utility enterprise fund for the deposit of all fees and charges collected by the stormwater utility. These funds shall be for the exclusive use of the city's stormwater management utility, including but not limited to the following:

(1)

Stormwater management services.

(2)

Operation and maintenance of the stormwater management system.

(3)

Project costs for approved improvements to the municipal stormwater management system.

(4)

Administrative costs associated with the management of the stormwater utility.

(5)

Costs required for the city to comply with the NPDES stormwater permit requirements.

(6)

Debt service of stormwater related capital improvements.

(7)

Funding of studies associated with the planning of the stormwater related infrastructure.

(Ord. No. 2014-22, § 2, 8-20-2014)

This article shall be known and may be cited as the "City of Hallandale Beach Water and Wastewater Impact Fee Ordinance."

(Ord. No. 2014-22, § 2, 8-20-2014)

This article is enacted pursuant to law, and F.S. ch. 180 which provides local municipalities with the authority to establish and operate water and wastewater utility systems.

(Ord. No. 2014-22, § 2, 8-20-2014)

The Hallandale Beach City Commission hereby makes and expresses the following findings, purposes, and intent:

(1)

Significant growth is expected to occur in the areas that are provided water and wastewater utility services by the city.

(2)

Growth within the service area has resulted in the need to expand the water production and distribution system, to expand the wastewater transmission system, and to negotiate available, treatment (purchased) capacity with the City of Hollywood to accommodate the demands imposed by such growth without decreasing the current level of utility services at the cost of existing users.

(3)

Expansion of water and wastewater utility services to accommodate new growth shall promote and protect the interests and general welfare of the residents of Hallandale Beach.

(4)

In order for future growth to pay more equitably the cost of expanding the water production and distribution system and the wastewater system to meet the demands imposed by such growth, the city commission finds that the adoption of water and wastewater impact fees, to be levied as one-time charges upon new users (connections) or new demand on the system created through expansions or renovations, is an appropriate and equitable method of capital cost recovery.

(5)

The intent of the water and wastewater impact fees is to recover only the pro rata share of the costs incurred to meet the demands of growth.

(6)

In order for the city to recover the carrying costs associated with providing new capacity today to meet the needs of future growth, the city commission recognizes that the adoption of accrued guaranteed revenue charges (AGRCs) would reimburse the city for the costs of constructing and maintaining water and wastewater capacity in advance of new growth, and that such charges provide equity between existing and future customers of the water and wastewater system (the "system").

(7)

The report entitled "City of Hallandale Beach, Florida Water and Wastewater Impact Fee Study," dated July 2008, and the report entitled "Wastewater Treatment Impact Fee Study," dated 2009, set forth a reasonable methodology and analysis for the determination of the impact of new development on the need for and costs of additional water and wastewater transmission capital facilities in the City of Hallandale Beach and the estimation of accrued guaranteed revenue charges.

(8)

The commission's intent is to expend the water and wastewater impact fees collected pursuant to this article only for the purposes for which they were collected, specifically, to defray the capital cost incurred to meet the demands imposed by growth.

(9)

The commission's intent is to recognize the revenues received from the accrued guaranteed revenue charges as unrestricted and available for any lawful purpose of the system since such revenues are collected to reimburse the city for operating carrying costs.

(Ord. No. 2014-22, § 2, 8-20-2014)

This article shall apply within the water and wastewater service territory of the City of Hallandale Beach, including those areas that are annexed into the city after the effective date of this article.

(Ord. No. 2014-22, § 2, 8-20-2014)

(a)

Imposed. Any person who seeks to connect to the City of Hallandale Beach's water and/or wastewater system, or whom expands and/or changes the use of an existing facility beyond the current reserved capacity for such facility is hereby required to pay a water and/or wastewater impact fee in the manner and amount set forth in the schedule of impact fees, and is required to pay a water and/or wastewater accrued guaranteed revenue charge in the manner and amount set forth in the schedule of accrued guaranteed revenue charges.

(b)

Residential basis. The residential water and wastewater impact fees and accrued guaranteed revenue charges are based on equivalent residential units (ERUs). An ERU shall mean any structure which provides living accommodations for a single family (single-family residence). A residential structure shall be charged according to the number of ERUs located in each structure. The City of Hallandale Beach defines an ERU as 350 and 315 gallons per day for the water and wastewater systems, respectively.

(c)

Non-residential basis. The non-residential water and wastewater impact fees and accrued guaranteed revenue charges are based on a charge per gallon of capacity reservation. Each development's water and wastewater capacity reservation is determined using unique attributes for various facilities that estimate water demand. The non-residential attributes are based on the guidelines presented in FAC Chapter 64E, which is included as Appendix A of the impact fee report. FAC Chapter 64E is a recognized source of estimating water and wastewater demands of non-residential enterprises throughout the State of Florida. The estimated demand per development unit is then multiplied by the appropriate charge per gallon to calculate the appropriate water and wastewater impact fees and accrued guaranteed revenue charges.

(Ord. No. 2014-22, § 2, 8-20-2014)

(a)

Specified uses. The water and/or wastewater impact fee shall be payable when the building permit is issued for one or more dwelling units or when a request for capacity is requested using the following schedules:

Water Impact Fee Schedule

Wastewater Impact Fee Schedule

(b)

Unspecified uses. If the type of connection that is being applied for is not readily specified on the schedule of water and wastewater impact fees or Appendix A of the impact fee study report, the city manager or his/her designee shall determine the appropriate fee by considering demographic or other documentation, which is available.

(c)

Change in use or density. In the case of change in use, redevelopment, or expansion or modification of an existing use of a site, the water and wastewater impact fee shall be based upon the net increase in the water and wastewater capacity reservation for the new use as compared to the most intense previous use.

(Ord. No. 2014-22, § 2, 8-20-2014)

(a)

Specified uses. The water and/or wastewater AGRCs shall be payable when the building permit is issued for one or more dwelling units or when a request for capacity is requested using the following schedules:

Water Accrued Guaranteed Revenue Charge Schedule

Wastewater Accrued Guaranteed Revenue Charge Schedule

(b)

Change in use or density. In the case of change in use, redevelopment, or expansion or modification of an existing use of a site, the water and wastewater AGRCs shall be based upon the net increase in the water and/or wastewater capacity reservation for the new use as compared to the most intense previous use.

(Ord. No. 2014-22, § 2, 8-20-2014)

(a)

It is the intent of this article that all new users (connections) or new demand on the system created through expansions or renovations, pay its apportioned share of capital costs and carrying costs as outlined in section 30-254; therefore, all impact fees and AGRCs calculated are to be collected. The purpose of this section is to encourage development of affordable housing through the use of other available funds. When other available funds are designated and available for economic development incentives, the City of Hallandale Beach reserves the right to waive direct payment of the impact fees and/or AGRCs by the developer and to pay the charges from the other available funds account.

(b)

Applicants for building permits who wish to seek an exemption from water and wastewater impact fees and/or AGRCs shall apply for the exemption on forms prescribed by the city manager or his/her designee. The applicant must certify that the property is within a community redevelopment district and that upon completion the dwelling unit(s) will qualify as affordable housing and will be maintained as affordable housing in accordance to city policy after issuance of a certificate of occupancy. If the dwelling units are not maintained as affordable housing, then the impact fees and/or AGRCS which would have been payable but for this exemption shall be due and payable at once, prorated on an annual basis for the number of years less than the amount designated by city policy during which the dwelling units will not be maintained as affordable housing.

(c)

Any exemption sought must be approved by the city manager or his/her designee before it takes effect. Applicants will be expected to meet with the city manager or his/her designee to provide evidence in support of their claim to an exemption. No exemption shall be automatic and it shall be within the sole discretion of the city manager or his/her designee whether to grant or deny any exemption, based not only on the criteria specified herein to qualify for the exemption but also on the availability of other available funds and such other considerations as the city manager or his/her designee deems appropriate in the public interest.

(d)

No other exemptions and/or provisions are expressed or implied by this section.

(Ord. No. 2014-22, § 2, 8-20-2014)

Payment of impact fees and AGRCs is required at the issuance of a building permit.

(Ord. No. 2014-22, § 2, 8-20-2014; Ord. No. 2022-001, § I, 2-2-2022)

(a)

In order to be eligible for financing required payments of water and/or wastewater impact fees and AGRCs, the cumulative fees must exceed $20,000.00. In addition, the development or project for which financing is being sought must qualify either as affordable housing as defined in this article, or must constitute a commercial or industrial venture.

(b)

Any applicant who seeks to finance impact fees and AGRCs shall apply on forms promulgated by the city manager or his/her designee, and shall include with the application proof of qualification as affordable housing, or a commercial or industrial venture. Any application for financing must be approved by the city manager or his/her designee, which shall have sole discretion to approve or reject any application based on the criteria in this article, the financial health and status of the trust funds created by this article, and such other factors as the city manager or his/her designee deems relevant in the public interest. Financing of impact fees and AGRCs is not a matter of right.

(c)

Financing terms.

(1)

Financing will be established at a five-year fixed rate, which the rate shall be equal to the prime rate which is available at that time at local banking institutions.

(2)

The customer shall pay 20 percent of the total impact fees and AGRCs at the time financing is extended and the balance shall be paid over five years and the deferred balance shall bear interest at the prime rate available at local banks on the date the financing is extended.

(3)

The impact fee and AGRC obligation shall be paid in monthly installments.

(4)

The balance due to the city may be paid in full at any time before the maturity date without payment of penalty.

(Ord. No. 2014-22, § 2, 8-20-2014)

(a)

There is hereby established two non-lapsing reserve accounts: the water impact fee reserve account and wastewater impact fee reserve account.

(b)

Impact fees collected pursuant to this article shall be placed in the appropriate reserve account.

(c)

Funds withdrawn from the water impact fee reserve account and wastewater impact fee reserve account shall be used in accordance with the provisions of this article.

(Ord. No. 2014-22, § 2, 8-20-2014)

At least once each fiscal year, the city Manager or his/her designee shall present to the city commission a proposed capital improvement program for water and wastewater services assigning funds from the impact fee reserve accounts to specific improvement projects and related capital costs. Monies not assigned in any fiscal year shall be retained in the impact fee reserve accounts until the next fiscal year.

(1)

Debt service. In the event that bonds or other debt instruments are issued for advance provision of water production and distribution capital requirements and/or wastewater collection capital requirements for which the impact fees were intended to fund the growth related demands, impact fees may be used to pay debt service on such bonds or other debt instruments to the extent that the proceeds of the bonds (and a pro rata share of the cost of issuance) are expended upon the capital facilities.

(2)

Water production and distribution services. Funds collected for water production and distribution services can be used for the purpose of acquiring or expanding capital equipment and/or facilities under the jurisdiction of the city.

(3)

Wastewater collection/transmission services. Funds collected for wastewater collection/transmission services can be used for the purpose of acquiring or expanding capital equipment and/or facilities under the jurisdiction of the city.

(4)

Wastewater treatment services. Funds collected for wastewater treatment services can be used for the purpose of either payment for qualified expenses at the southern regional wastewater treatment plant or for the purpose of acquiring or expanding capital equipment and/or facilities.

(Ord. No. 2014-22, § 2, 8-20-2014)

(a)

Any person securing a building permit, and any person performing activities for which a building permit is required, and all owners of the land upon which such activities are performed, shall be jointly and severally liable for the water and wastewater impact fees and AGRCs imposed by this article. In addition to any other remedy provided by law, the city may proceed in a court of competent jurisdiction to collect such fee from any or all of such persons as provided by law. The term "person" means any natural person, corporation, limited liability company, partnership, firm or other entity or organization, and with regard to any entity which is not a natural person, shall include the officers and directors of any corporation; the general partners of any general or limited partnership, the members of any limited liability company, and the equity owners of any other entity not specifically listed.

(b)

Failure to pay the water and/or wastewater impact fees and AGRCs when determined by the city as required to satisfy the impact of development shall result in the amount becoming a lien against the property, as provided for herein. The city shall provide written notice of the fees due by one of the following:

(1)

Personal service;

(2)

Certified United States mail, return receipt requested; or

(3)

Federal Express or other equivalent overnight letter carrier.

(c)

Upon failure to pay the fees within 30 days of the date of notice, a notice of lien shall be served by one of the following:

(1)

Personal service;

(2)

Certified United States mail, return receipt requested; or

(3)

Federal Express or other equivalent overnight letter carrier, advising the property owner that the city shall file a claim of lien against the property in question.

(d)

Once recorded, the claim of lien may be foreclosed as provided for in F.S. chs. 170 and 173, or in the same manner as a real estate mortgage, or in any other manner now or hereafter specified by applicable law. The lien for unpaid impact fees shall be coequal with the lien for state, county, special district, and other taxes and superior in right to all other liens and encumbrances, including mortgages and judgment liens regardless of the date of creation or perfection thereof. The liens shall have duration of 20 years from the date of issuance of the building permit.

(Ord. No. 2014-22, § 2, 8-20-2014)

A meter shall be installed in the water connection to each building or outlet, except fire hydrants, whether public or private. The expense of all connections to and extensions from the water service for fire protection purposes shall be borne by the user. No taps will be allowed which may be used for other than fire protection purposes.

(Ord. No. 2014-22, § 2, 8-20-2014)

(a)

Generally. All plumbing, pipes, fittings and fixtures shall be maintained in good order and repair so as to be leak free. It shall be the responsibility of the owner of the premises to maintain such plumbing and fixtures in leakfree condition.

(b)

Sanctioning procedures.

(1)

It is found and declared that continued waste of water because of leaking pipes, plumbing systems, fixtures or fittings is a hazard to the public health and safety and that failure to correct such conditions following reasonable notice constitutes an abuse which can and may justify cessation of the water supply service; however, it is declared to be the policy of the city that the sanctions provided by this subsection (2) shall be invoked only after reasonable effort has been made to achieve voluntary compliance by the responsible party; further, this provision is intended to be administered with due regard to the rights and interests of innocent affected parties.

(2)

If the director of development services or his/her designee, following investigation, reasonably believes that the owner of the premises or the person in whose name the service is supplied, or both, has failed to maintain plumbing, pipes, fittings or fixtures in a leakfree condition, the director of development services or his/her designee shall notify such person of his determination by certified mail, return receipt requested. Such notification shall provide a reasonable time for repair of the pipes, plumbing system, fixtures or fittings not in excess of 30 days and shall further advise the respondent that failure to timely repair the leaking pipes, plumbing system, fittings or fixtures shall result in discontinuance of the respondent's water supply. Plumbing permit shall be obtained by a licensed contractor for all repairs.

(3)

Persons so desiring may appeal the proposed action of the director of development services or his/her designee by filing a written request for a hearing with the city manager's office within five days of the receipt of the letter described in subsection (b) of this section. If such a request is timely filed, the appeal shall be promptly heard by the city Manager or his/her designee, who shall at such hearing consider and hear the statements and submitted documents of both the respondent and the director of development services. The city manager may thereafter affirm, deny or modify the proposed action of the director of development services or his/her designee; however, if the city manager or his/her designee shall affirm the director's or his/her designee's action, the water service shall not be disconnected before the expiration of the time given to make repairs provided in subsection (b) of this section; and further, the city manager or his/her designee may modify the action of the director of development services or his/her designee by extending or shortening the time given to make repairs or by modifying the scope of repairs found necessary or the type of repairs previously found to be necessary.

(4)

If the condition is not remedied and following the time period specified in subsection (b) of this section if no appeal is filed, or following the hearing provided under subsection (c) of this section if an appeal is filed and violation is upheld, the city shall discontinue water service to the affected premises and the meter to the premises shall be disconnected. A disconnect charge, in accordance with the current fee booklet, shall be debited against the deposit the customer maintains with the city.

(5)

After the disconnection of a meter pursuant to subsection (b) of this section, such meter shall not be reconnected unless the pipes, plumbing, fittings or fixtures to which water services desired are in leak free condition and all charges for the disconnection/reconnection and reinstallation of the meter, pursuant to the current fee booklet, have been paid to the city.

(6)

Penalty. Failure to comply with the requirements contained in this article shall be subject to punishment as provided in section 1-8.

(Ord. No. 2014-22, § 2, 8-20-2014)

(a)

It is unlawful to injure or knowingly to suffer to be injured any meter, pipe or fittings connected with or belonging to the city water plant or system or to tamper or meddle with any meter or other appliance or any part of such plant or system in such manner as to cause loss or damage to the city; or to prevent any meter installed for registering water from registering the quantity which otherwise would pass through the system; or to alter the index or break the seal of any such meter; or in any way to hinder or interfere with the proper action of just registration of any such meter; or fraudulently to use, waste or suffer the waste of water passing through any such meter, pipe or fitting, or other appliance or appurtenance connected with or belonging to such plant, after such meter, pipe, fitting, appliance or appurtenance has been tampered with, injured or altered.

(b)

The existence of any connection, wire, conductor, meter alteration or any device whatsoever which effects the diversion of water without the water's being measured or registered by or on a meter installed for that purpose by the city, or the use or waste of water furnished by the city, without its being measured or registered on a meter provided by the city, shall be prima facie evidence of intent to violate and of the violation of this section by the person using or receiving the direct benefits from the use of water passing through such connection, device or altered meter, or being used without being measured or registered on a meter.

(Ord. No. 2014-22, § 2, 8-20-2014)

(a)

It is unlawful to make or cause to be made any connection with any main service pipe or other pipe, appliance or appurtenance used for or in connection with the city water plant or system in such manner as to cause to be supplied water from such plant to any faucet or other outlet whatsoever without such water's passing through a meter provided by the city and used for measuring and registering the quantity of water passing through the system; or to make or cause to be made, without the consent of the city, any connection with any such plant or system or any main, pipe, service pipe, or other instrument or appliance connected with such plant in such manner as to take or use, without the consent of the city, any water; or to take or use any water from any fire hydrant or other hydrant of such plant or system without the consent of the city.

(b)

The existence of any connection, meter alteration or any device whatsoever which effects the diversion of water without its being measured or registered by or on a meter installed by the city, or which effects the use of water furnished by the city without its being measured or registered on a meter, shall be prima facie evidence of intent to violate and of the violation of this section by the person using or receiving the direct benefits from the use of water passing through such connection, device or altered meter, or being used without being measured or registered on a meter.

(Ord. No. 2014-22, § 2, 8-20-2014)

(a)

After May 17, 1978, no permits shall be issued for the installation of any air conditioning system connected to or using the city water supply system; and it shall be unlawful for any person to install or have installed that air conditioning system or to connect the city's water supply system to any air conditioning system permitted after that date.

(b)

For the purposes of this section, the term "air conditioning system" is one or more units for the cooling or dehumidification, or both, of space for human occupancy.

(c)

All systems permitted prior to that date and installed under that permit may, after proper inspection and approval, be issued a permit for operation.

(d)

Notwithstanding the provisions of subsection (a) of this section, water-cooled air conditioning systems using recirculating water (water towers) designed and sized to cool/heat single-family dwellings shall be permitted in single-family dwellings provided the following criteria are met:

(1)

The aggregate tonnage per water tower shall not exceed 15 tons.

(2)

One water tower shall be permitted per single-family dwelling.

(3)

All condensate water produced by the system shall be captured and routed to the sump of the water tower.

(4)

The water tower shall be the next size larger than the aggregate tonnage of the air conditioning units (e.g., if a single-family dwelling has two five-ton units and the available towers are ten, 12 and 15 tons, a 12-ton water tower must be used).

(5)

The water tower pipe system shall have a swing check valve on the suction pipe of the pump.

(6)

The water tower shall have a fan temperature control to govern the water temperature in order to minimize water evaporation.

(7)

The water tower shall have a fan control.

(8)

All air conditioning units shall be interlocked with the circulating pump of the water tower.

(9)

Excess condensate water shall not discharge into the sanitary sewer system or into any body of water.

(10)

All specifications, including water consumption, shall accompany the building permit application.

(Ord. No. 2014-22, § 2, 8-20-2014)

This division shall be known as "Cross-Connection Control Program".

(Ord. No. 2014-22, § 2, 8-20-2014)

This division shall apply to all areas of the City of Hallandale Beach for which the city public works department provides retail service water.

(Ord. No. 2014-22, § 2, 8-20-2014)

The purpose of this article is:

(1)

To protect the public potable water supply of the City of Hallandale Beach from the possibility of contamination or pollution by containing within the customer system such contaminants or pollutants that could backflow into the utility system; and

(2)

To promote the elimination or control of existing unprotected cross connections, actual or potential, which would create backflow and backsiphonage, between the customer system and plumbing fixtures, and industrial piping systems; and

(3)

To provide for the maintenance of a continuing program of cross-connection control that will systematically and effectively prevent the contamination or pollution of the City of Hallandale Beach water distribution system.

(Ord. No. 2014-22, § 2, 8-20-2014)

Under the rules of the Florida Department of Environmental Protection, Section 62-555.360, F.A.C., relating to cross connection, the city has the primary responsibility to prevent water from unapproved sources, or any other substances, from entering the water system.

(Ord. No. 2014-22, § 2, 8-20-2014)

(a)

The director of public works or his/her designee shall promulgate a manual which shall be known as "City of Hallandale Beach Manual of Cross-Connection Control". This manual lists the type of facilities and plumbing devices that require backflow prevention. The manual may be amended from time to time by resolution adopted by the city commission.

(b)

The "City of Hallandale Beach Manual of Cross-Connection Control" shall be deposited with and maintained by the director of public works or his/her designee and copies shall be available in the office of the city clerk for public use, inspection and examination.

(Ord. No. 2014-22, § 2, 8-20-2014)

(a)

The customer's responsibility starts at the water service connection from the city potable water system. The costs of installing, operating and maintaining backflow preventers shall be the responsibility of the customers required by the director of public works or his/her designee to install and maintain backflow prevention. The customer shall maintain accurate records of the test and repairs made to the backflow prevention devices and provide the city with copies of such records as required in the manual.

(b)

In the event of accidental contamination of the public or customer's potable water supply system due to backflow from the customer's premises, the customer shall promptly take steps to confine further spread of the contamination with the customer's premises and shall immediately notify the city of the hazardous condition.

(Ord. No. 2014-22, § 2, 8-20-2014)

Violations of this article may be enforced by the following remedies, which are cumulative and may be pursued simultaneously or consecutively.

(1)

The provisions in section 30-76 notwithstanding, the requirements for the installation of a backflow preventer may be waived at the discretion of the director of public works or his/her designee, if such official finds that adequate protection against cross-connections is being provided by the customer.

(2)

Service of water to any premise may be disconnected by the city if a required backflow prevention device is not installed, tested and maintained as required in the manual, or has been removed or bypassed, or if unprotected cross-connections exist on the premises and there is inadequate backflow protection at the service connection. Water service will not be restored until such conditions or defects are corrected. All turn-off and turn-on service charges shall be paid by the consumer.

(3)

Code enforcement action pursuant to chapter 9 of the city's Code of Ordinances, as may be amended for which each day or fraction thereof that the violation continues shall be considered a separate offense.

(4)

Egregious violations may be treated as a misdemeanor offense and, upon conviction, punishment by fine not to exceed $500.00 and/or imprisonment in the county jail not to exceed 60 days or any other remedy available under the law.

(5)

Complaint for injunctive relief filed in the 17th Judicial Circuit in the State of Florida.

(Ord. No. 2014-22, § 2, 8-20-2014)

It is the intent and purpose of this division to protect the water resources of the city from the harmful effects of overutilization during periods of water shortage and allocate available water supplies by assisting the South Florida Water Management District in the implementation of its water shortage plan.

(Ord. No. 2014-22, § 2, 8-20-2014)

The provisions of this division shall apply to all persons using the water resource within the geographical areas subject to the water shortage or water shortage emergency, as determined by the district, whether from public or privately owned water utility systems private wells, or private connections with surface water bodies. This division shall not apply to persons using treated effluent or saltwater.

(Ord. No. 2014-22, § 2, 8-20-2014)

F.A.C. ch. 40E-21 is incorporated in this section by reference as a part of this Code of Ordinances.

(Ord. No. 2014-22, § 2, 8-20-2014)

The declaration of a water shortage or water shortage emergency within all or any part of the city by the governing board or the executive director of the district shall invoke the provisions of this division. Upon such declaration, all water use restrictions or other measures adopted by the district applicable to the city shall be subject to enforcement action pursuant to this division. Any violation of the provisions of F.A.C. ch. 40E-21, or any order issued pursuant to that chapter, shall be a violation of this division.

(Ord. No. 2014-22, § 2, 8-20-2014)

Every police officer, code enforcement officer or sheriff having jurisdiction in the area governed by this division shall, in connection with all other duties imposed by law, diligently enforce the provisions of this division. In addition, the city manager or his/her designee may also delegate enforcement responsibility for this division to agencies and departments of city government in accordance with state and local law.

(Ord. No. 2014-22, § 2, 8-20-2014)

(a)

Violation of any provision of this division shall be subject to the following penalties:

(1)

First violation, $50.00.

(2)

Second and subsequent violations, a fine not to exceed $250.00 and/or imprisonment in the county jail not to exceed 60 days.

(b)

Each day in violation of this division shall constitute a separate offense. In the initial stages of a water shortage or water shortage emergency, law enforcement officials may provide violators with no more than one written warning. The city, in addition to the criminal sanctions contained in this section, may take any other appropriate legal action, including but not limited to emergency injunctive action, to enforce the provisions of this division.

(Ord. No. 2014-22, § 2, 8-20-2014)

No water service shall be furnished to any person by a public or private utility unless such person agrees to accept all the provisions of this division. The acceptance of water service shall be in itself the acceptance of the provisions of this division.

(Ord. No. 2014-22, § 2, 8-20-2014)

(a)

All vehicle washes shall employ a liquid recovery system to recycle water used to wash vehicles.

(b)

Existing vehicle washes shall comply with this requirement within nine months of the effective date of Ordinance Number 87-27.

(c)

All self-service stalls, wash operations or persons using a hose to wash vehicles or trailers shall employ a trigger for such hose which cuts off the supply of water when pressure on the trigger is released.

(Ord. No. 2014-22, § 2, 8-20-2014)

(a)

Intent and purpose. It is the intent and purpose of this section to implement procedures that promote water conservation through the efficient use of landscape irrigation.

(b)

Definitions. For the purpose of this section, the following terms, phrases, words, and their derivatives shall have the meaning listed below. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural.

Address means the "house number" (a numeric or alphanumeric designation) that, together with the street name, describes the physical location of a specific property. This includes "rural route" numbers, but excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Service to determine a delivery location, the lot number shall be the property's address. If a lot number in a mobile home park or similar residential community is not used by the U.S. Postal Service (e.g. the park manager sorts incoming mail delivered to the community's address), then the community's main address shall be the property's address. If a property has no address, it shall be considered "even-numbered."

Athletic play area means all golf course fairways, tees, roughs, greens, and other athletic play surfaces; including, football, baseball, soccer, polo, tennis, and lawn bowling fields, and rodeo, equestrian, and livestock arenas.

Consumptive use permit (CUP) means a permit issued pursuant to Chapter 40E-2, F.A.C., authorizing the consumptive use of water.

District means the South Florida Water Management District, a government entity created under F.S. ch. 373.

Even numbered address means an address ending in the numbers 0, 2, 4, 6, 8, or rights-of-way or other locations with no address, or the letters A—M.

Existing landscaping means any landscaping which has been planted and in the ground for more than 90 days.

Landscaping means shrubbery, trees, lawns, sod, grass, ground covers, plants, vines, ornamental gardens, and such other flora not intended for resale, which are situated in such diverse locations as residential landscapes, recreation areas, cemeteries, public, commercial, and industrial establishments, public medians, and rights-of-way, except athletic play areas, as defined above.

Landscape irrigation means the outside watering of shrubbery, trees, lawns, sod, grass, ground covers, plants, vines, ornamental gardens, and such other flora not intended for resale, which are planted and situated in such diverse locations as residential landscapes, recreation areas, cemeteries, public, commercial, and industrial establishments, public medians, and rights-of-way, except athletic play areas.

Law enforcement officials mans a certified law enforcement officer who is a duly sworn officer of the city police department, code enforcement officer, or such other individual who qualifies as a law enforcement officer under F.S. § 943.10(1).

Low volume hand watering means the watering of landscape by one person, with one hose, fitted with a self-canceling or automatic shutoff nozzle.

Low volume irrigation means the use of equipment and devices specifically designed to allow the volume of water delivered to be limited to a level consistent with the water requirement of the plant being irrigated, and to allow that water to be placed with a high degree of efficiency in the root zone of the plant. The term also includes water used in mist houses and similar establishments for plant propagation. Overhead irrigation and flood irrigation are not included.

Micro-irrigation means the application of small quantities of water on or below the soil surface as drops or tiny streams of spray through emitter or applicators placed along a water delivery line. Micro-irrigation includes a number of methods or concepts, such as bubbler, drip, trickle, mist or microspray, and subsurface irrigation.

New landscaping means any landscaping which has been planted in the ground for 90 days or less.

Odd numbered address means an address ending in the numbers 1, 3, 5, 7, 9, or the letters N—Z.

Reclaimed water means wastewater that has received at least secondary treatment and basic disinfection, and is reused after flowing out of a wastewater treatment facility as defined by Rule 62-40.210, F.A.C.

User means any person, individual, firm, association, organization, partnership, business trust, corporation, company, agent, employee, or other legal entity whether natural or artificial, the United States of America, and the state and all political subdivisions, regions, districts, municipalities, and public agencies thereof, which directly or indirectly takes water from the water resource, including uses from private or public utility systems, uses under water use permits issued pursuant to Chapter 40E-2, F.A.C., or uses from individual wells or pumps.

Wasteful and unnecessary means allowing water to be dispersed without any practical purpose to the water use; for example, excessive landscape irrigation, leaving an unattended hose on a driveway with water flowing, allowing water to be dispersed in a grossly inefficient manner regardless of the type of water use; for example, allowing landscape irrigation water to unnecessarily fall onto pavement, sidewalks, and other impervious surfaces; or allowing water flow through a broken or malfunctioning water delivery or landscape irrigation system.

Water resource means any and all water on or beneath the surface of the ground, including natural or artificial watercourses, lakes, ponds, or diffused surface water, and water percolating, standing, or flowing beneath the surface of the ground.

Water shortage means when the district determines there is the possibility that insufficient water will be available to meet the present and anticipated needs of the users, or when conditions are such as to require a temporary reduction in total use within a particular area to protect water resources from serious harm. A water shortage usually occurs due to drought.

Water shortage emergency means when the district determines the provisions listed in Part II of Chapter 40E-21, F.A.C., are not sufficient to protect the public health, safety, or welfare, the health of animals, fish, or aquatic life, a public water supply, or commercial, industrial, agricultural, recreational, or other reasonable-beneficial uses.

(c)

Applicability. The provisions of this section shall apply to each user, as defined in subsection (b), providing landscape irrigation from all water resources within the boundaries of the city with the following exceptions:

(1)

The use of reclaimed water, which may or may not be supplemented from another source;

(2)

Irrigation at agricultural and nursery operations; and

(3)

Irrigation of athletic play areas.

(d)

Year-round landscape irrigation conservation measures. The city adopts the rules of the South Florida Water Management District, listed in Subsection 40E-24.201(1)—(6), F.A.C., including subsequent additions or corrections which are set out as follows:

(1)

The year-round landscape irrigation conservation measures contained in this section are applicable to all users including permitted and exempt users under Chapter 40E-2, F.A.C., unless otherwise indicated. These conservation measures apply to all water resources, unless otherwise indicated. In addition to the requirements of this section, all permitted users under Chapter 40E-2, F.A.C., are required to maintain compliance with all CUP conditions and terms, including requirements to implement water conservation practices.

(2)

It shall be the duty of each user to keep informed as to the landscape irrigation conservation measures within this section which affect each particular water use.

(3)

In addition to the specific conservation measures, all wasteful and unnecessary water use, as defined in subsection (b), is prohibited.

(4)

The following requirements shall apply to all users, unless specified in subsection (c) or (e):

a.

Landscape irrigation shall be prohibited between the hours of 10:00 a.m. and 4:00 p.m., except as otherwise provided.

b.

Irrigation of existing landscaping shall comply with the following provisions:

1.

Even addresses, as defined in subsection (b), installations with irrigation systems that irrigate both even and odd addresses within the same zones, such as multi-family units and homeowners' associations, and rights-of-way or other locations with no address shall have the opportunity to accomplish necessary landscape irrigation two days a week, only on Thursday and/or Sunday.

2.

Odd addresses, as defined in subsection (b), shall have the opportunity to accomplish necessary landscape irrigation two days a week, only on Wednesday and/or Saturday.

c.

Irrigation of new landscaping shall comply with the following provisions:

1.

New landscaping may be irrigated once on the day it is installed without regard to the listed watering days and times. Irrigation of the soil immediately prior to the installation of the new landscaping is allowed without regard to the normal watering days and times.

2.

A 90-day establishment period begins on the day the new landscaping is installed. The new landscaping shall be installed within a reasonable time from the date of purchase, which may be demonstrated with a dated receipt or invoice.

3.

Irrigation of new landscaping which has been in place for 30 days or less may be accomplished on Monday, Tuesday, Wednesday, Thursday, Saturday, and/or Sunday.

4.

Irrigation of new landscaping which has been in place for 31 to 90 days may be accomplished on Monday, Wednesday, Thursday, and/or Saturday.

5.

Irrigation of new landscaping is limited to areas only containing the new landscaping. An entire zone of an irrigation system shall only be utilized for landscape irrigation under this subsection if the zone contains at least 50 percent new landscaping. If a zone contains less than 50 percent new landscaping, or if the new landscaping is in an area that will not typically be irrigated by an irrigation system, only the individual new plantings are eligible for additional irrigation. Targeted watering may be accomplished by low volume hand watering, as defined in subsection (b), or any appropriate method which isolates and waters only the new landscaping.

(5)

Any water shortage, as defined in subsection (b), restrictions or other measures declared pursuant to Chapter 40E-21, F.A.C., or related district governing board or executive director orders, which are more restrictive than a measure contained within this section, shall supersede this section for the duration of the applicable water shortage declaration.

(e)

Exceptions to the landscape irrigation schedules. Landscape irrigation scheduling shall be subject to the following exceptions:

(1)

Landscape irrigation systems may be operated during restricted days and/or times for cleaning, maintenance, and repair purposes with an attendant on site in the area being tested. Landscape irrigation systems may routinely be operated for such purposes no more than once per week, and the run time for any one test should not exceed ten minutes per zone.

(2)

Landscape irrigation for the purpose of watering-in fertilizers, insecticides, pesticides, fungicides and herbicides, where such watering-in is recommended by the manufacturer, or by federal, state or local law, or best management practices, shall be allowed under the following conditions:

a.

Such watering-in shall be limited to one application, unless the need for more than one application is stated in the directions for application specified by the manufacturer; and

b.

Such watering-in shall be accomplished during normally allowable watering days and times set forth in subsections (d)(4)a. and b., unless a professional licensed applicator has posted a temporary sign containing the date of application and the date(s) of needed watering-in activity.

c.

Such watering-in of fertilizers must comply with sections 13-5—13-8 of this Code, Our Local Coral Reef Protection Act, and with sections 13-90—13-110 of this Code, the Florida Friendly Fertilizer Act.

(3)

Any plant material may be watered using low volume irrigation, as defined in subsection (b), micro-irrigation, as defined in subsection (b), low volume hand watering method, rain barrels, cisterns, or other similar rain-harvesting devices without regard to the watering days or times allowed pursuant to this section.

(f)

Additional requirements. Any user who purchases and installs an automatic landscape irrigation system shall properly install, maintain, and operate technology that inhibits or interrupts operation of the system during periods of sufficient moisture in accordance with F.S. § 373.62.

(g)

Variances.

(1)

A variance from the specific day or days identified in subsection (d)(4)b. may be granted by the city manager upon submittal of an application, letter explaining their hardship, and the applicable fee if strict application of the restrictions would lead to unreasonable or unfair result; provided the applicant demonstrates with particularity that compliance with the schedule will result in substantial economic, health, or other hardship on the applicant or those served by the applicant. If granted, the applicant shall be required to post a notice at each parcel to which the variance pertains. Relief may be granted only upon a demonstration that such hardship exists, is peculiar to the person or the affected property, is not self-imposed, and further demonstrates that granting the variance would be consistent with the general intent and purpose of this division.

(2)

The city recognizes all irrigation variances or waivers issued by the district under Rule 40E-24.501, F.A.C.

(h)

Declaration of water shortage or water shortage emergency. Declaration of a water shortage condition and/or water shortage emergency, as defined in subsection (b), within all or parts of the city by the district's governing board or executive director shall supersede this section for the duration of the applicable water shortage declaration in accordance with Ordinance No. 2014-22. A water shortage usually occurs due to drought.

(i)

Enforcement.

(1)

In the absence of a declaration of water shortage or water shortage emergency within all or any part of the city by the district's governing board or executive director, the listed landscape irrigation restrictions shall be subject to enforcement action. Any violation of the provisions of subsection (d) and (e) shall be a violation of this section.

(2)

The city authorizes the law enforcement officials, as defined in subsection (b), having jurisdiction in the area governed by this section, to enforce the provisions of this section. In addition, the city manager may delegate this section's enforcement responsibility to agencies and departments within the city government.

(j)

Penalties.

(1)

Violation of any provision of this section shall be subject to the following penalties:

a.

For a first violation, a written warning/fine not to exceed $50.00.

b.

For a second violation, a fine not to exceed $250.00.

c.

For subsequent violations, a fine not to exceed $500.00.

(2)

Each day in violation of this section shall constitute a separate offense. Law enforcement officials and others as delegated may provide violators with no more than one written warning. In addition to the civil penalties provided, the city may take any other appropriate legal action, including, but not limited to, injunctive action to enforce the provisions of this article.

(Ord. No. 2020-033, § 1, 12-16-2020)

Editor's note— Ord. No. 2020-033, § 1, adopted December 16, 2020, repealed § 30-133 and enacted a new § 30-133. Former § 30-133 pertained to restrictions on landscape irrigation and derived from Ord. No. 2014-22, adopted August 20, 2014.

In an effort to reduce water consumption, restaurants within the city shall not permit, or allow, nor serve water to any customer of the restaurant, unless the customer specifically requests it.

(Ord. No. 2014-22, § 2, 8-20-2014)

Trees and plants distributed by the city to the public shall be of a type that are resistant to drought conditions.

(Ord. No. 2014-22, § 2, 8-20-2014)

Every residence and/or building within the city in which human beings reside, are employed or congregate shall be required to have a sanitary method of disposing of human excrement, namely, a sanitary water closet that is connected with the city sewer.

(Ord. No. 2014-22, § 2, 8-20-2014)

(a)

It shall be unlawful to dispose of any human excreta within the city except in a sanitary water closet.

(b)

Water closet tanks for all building or plumbing permits issued after the effective date of the ordinance from which this section is derived shall meet the following requirements:

(1)

Water closet tanks shall have a flushing capacity sufficient to properly flush the water closet bowls with which they are connected, as provided in the current edition of the Florida Building Code or local ordinance as adopted from time to time by the county board of rules and appeals.

(2)

There is created a presumption that a water closet using a maximum of 1.28 gallons of water during the flushing cycle shall have a flushing capacity sufficient to properly flush the water closet bowl with which it is connected; therefore all water closet tanks shall be of a design that provides a maximum flush not to exceed 1.28 gallons of water or as subsequently adopted by code or ordinance.

(Ord. No. 2014-22, § 2, 8-20-2014)

It shall be unlawful for any person owning or leasing any premises in the city to permit the disposal of any human excrement on any property, leased or rented by any such person or his agent, except in a sanitary water closet where sewage lines are available.

(Ord. No. 2014-22, § 2, 8-20-2014)

No person shall build or remodel or cause to be built or remodeled any structure used for human habitation or occupancy within the city which is within 300 feet of a public sanitary sewer line unless it is provided with water-carried sewer facilities.

(Ord. No. 2014-22, § 2, 8-20-2014)

No septic tank shall be constructed within the city.

(Ord. No. 2014-22, § 2, 8-20-2014)

It shall be unlawful to keep or maintain any privy or dry closet within the city.

(Ord. No. 2014-22, § 2, 8-20-2014)

The owner of the property shall be responsible for maintaining and keeping clean the sewer pipe leading and connecting from the plumbing system to the city main sewers.

(Ord. No. 2014-22, § 2, 8-20-2014)

Failure to keep the sewer pipe clean and maintained in proper manner, via, the pipe leading from the plumbing system to the city main, will give the city the right to cut off the water connection, which shall not be reconnected until the sewer pipe is cleaned and maintained properly. In these instances where the owner has his/her own private water supply, the city shall have the right to cut off such water supply to the plumbing system; and the owner shall have no right to reconnect his/her own private water supply until the sewer pipe leading from the plumbing system to the city main has been maintained and cleaned and in proper condition. Any violation of this section by reconnecting his/her private water supply or the connection from the city water main, until such sewer pipes are cleaned and maintained properly, shall be considered a violation of this Code and subject to the punishment provided in section 1-8.

(Ord. No. 2014-22, § 2, 8-20-2014)

The owner of each lot or parcel of land within the city upon which lot or parcel of land any building or trailer used as a dwelling is now situated or shall hereafter be situated, for either residential, commercial or industrial use, shall connect or cause such buildings or trailers to be connected with the public sewer system of the city and use the facilities of such sewer system, within three months after notification to do so by the director of development services or his/her designee. All such connections shall be made in accordance with rules and regulations which shall be adopted from time to time by the city commission, which rules and regulations shall provide for a charge for making any such connections in such reasonable amount as such commission may fix and determine; however, no connection shall be required where the sewer system or line is more than 300 feet from such lot or parcel of land; and no person shall be required to cross the private property of another to make such sewer connections.

(Ord. No. 2014-22, § 2, 8-20-2014)

If any such owner of any lot or parcel of land within the city shall fail and refuse to connect with and use the facilities of the sewer system of the city after notification by the director of development services, as provided in section 30-169, the city shall be authorized to make such connections, entering on or upon any such lot or parcel of land for the purpose of making such connection. The city shall thereupon be entitled to recover the cost of making such connection, together with reasonable penalties and interest and attorney's fees, by suit in any court of competent jurisdiction. In addition and as an alternative means of collecting such cost of making such connections, the city shall have a lien on such lot or parcel of land for such cost, which lien shall be an equal dignity with the lien of state and county and municipal taxes. Such lien may be foreclosed by the city in the same manner provided by the law for the foreclosure of mortgages upon real estate.

(Ord. No. 2014-22, § 2, 8-20-2014)

No person shall be allowed to connect any sewer owned by the city without the written consent of the city, and the connection with such sewer shall only be made under the direction and supervision of the city.

(Ord. No. 2014-22, § 2, 8-20-2014)

Whenever it is desirable to connect old plumbing with the city sewer main, the owner or licensed plumber contemplating doing such work shall apply for permit with the building division prior to making connection. Any owner or plumber who shall make any connection without an approved permit shall upon conviction be subject to punishment as provided in section 1-8.

(Ord. No. 2014-22, § 2, 8-20-2014)

There is established and levied a schedule or system of rates and charges for sanitary sewage disposal service against each person owning, maintaining, operating or using any buildings in the city, inhabited or used by human beings as a place of residence, business or otherwise, that shall be connected with or available to connection with any line of the sanitary sewer system.

(Ord. No. 2014-22, § 2, 8-20-2014)

It shall be unlawful for any person, without the consent of the city, to tap any pipe or main belonging to the city sewer plant or system for the purpose of using such plant or system from such pipe or main, or for any other purpose; or without the consent of the city to use such plant or system; or to willfully injure, interfere with or destroy any pipe, main, fitting or appliance of such plant or system without the consent of the city.

(Ord. No. 2014-22, § 2, 8-20-2014)

Any person violating any of the provisions of this article shall upon conviction for each such offense be subject to punishment as provided in section 1-8. Any failure or refusal by an owner to connect to the city sewer system after notification to do so, or any failure or refusal to pay the charges or rates provided in this article shall be construed to be a violation of this Code.

(Ord. No. 2014-22, § 2, 8-20-2014)

(a)

This division sets forth uniform requirements for users of city utilities to capture and dispose of fat, oils and grease (FOG) and enables the city to comply with all applicable state and federal laws, including the Clean Water Act, 33 U.S.C., § 1251 et seq.; and the General Pretreatment Regulations, Title 40 C.F.R. Part 403. The objectives of this division are:

(1)

To prevent the introduction of FOG into the sanitary sewer system that will interfere with its operation;

(2)

To prevent the introduction of FOG that could pass through the sanitary sewer system, inadequately treated, into receiving waters;

(3)

To prevent sanitary sewer overflow (SSO). These overflows can then contaminate the ground, local water bodies and any property with which that the sewerage comes into contact;

(4)

To promote reuse and recycling of waste grease (FOG) from the sanitary sewer system; and

(5)

To enable the city to meet federal, state and local pollutant discharge limits.

(Ord. No. 2020-032, § 2, 12-2-2020)

(a)

This division applies to all non-domestic users of the city sanitary sewer system, as such users, or generators, are defined in section 30-203 herein. Grease interceptors shall not be required for residential users.

(b)

This division applies to both new and existing facilities generating FOG as a result of food manufacturing, processing, preparation, or food service and requires such facilities to install, use, and maintain appropriate grease interceptors as required by the Florida Building Code and in this division. These facilities include without limitation restaurants, food manufacturers, food processors, hospitals, hotels and motels, prisons, nursing homes, and any other facility preparing, serving, or otherwise making any foodstuff available for consumption.

(c)

No user may intentionally or unintentionally allow the direct or indirect discharge of any FOG of animal or vegetable origin into the sewer system, which may cause interference with the collection and treatment system, or may cause pollutants to pass through the treatment works into the environment.

(Ord. No. 2020-032, § 2, 12-2-2020)

Act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.

AHJ means the authority having jurisdiction.

BOD means the value of the five-day test for biochemical oxygen demand, as described in the latest edition of Standard Methods for the Examination of Water and Wastewater.

COD means the value of the test for chemical oxygen demand, as described in the latest edition of Standard Methods for the Examination of Water and Wastewater.

EPA means the United States Environmental Protection Agency.

Fats, oils, and greases (FOG) means all organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 CFR 136, as may be amended from time to time. All are sometimes referred to herein as "grease" or "greases."

FOG disposal system means a grease interceptor that reduces nonpetroleum fats, oils, and grease (FOG) in effluent by separation, and mass and volume reduction.

Generator means any person who owns or operates a grease trap/grease interceptor, or whose act or process produces a grease trap waste.

Grease interceptor means an appurtenance or appliance that is installed in a sanitary drainage system to intercept non-petroleum fats, oils and grease (FOG) from a wastewater. There are two types of grease interceptors, gravity grease interceptors and hydro mechanical grease interceptors.

Grease interceptor, gravity, means a plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept non-petroleum fats, oils, and greases (FOG) from a wastewater discharge and is identified by volume, 30-minute retention time, baffle(s), a minimum of two compartments, a minimum total volume of 300 gallons, and gravity separation. These interceptors are designed by a registered professional engineer. Gravity grease interceptors are generally installed outside.

Grease interceptor, hydro mechanical, means a plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept nonpetroleum fats, oil, and grease (FOG) from a wastewater discharge and is identified by flow rate, and separation and retention efficiency. The design incorporates air entrainment, hydro mechanical separation, interior baffling, and/or barriers in combination or separately, and an external flow control, with air intake (vent).

Grease removal device (GRD) means any hydro mechanical grease interceptor that automatically, mechanically removes non-petroleum fats, oils and grease (FOG) from the interceptor, the control of which is either automatic or manually initiated.

Grease waste means material collected in and from a grease interceptor in the sanitary sewer service line of a commercial, institutional, or industrial food service or processing establishment, including the solids resulting from de- watering processes.

Indirect discharge or discharge means the introduction of pollutants into a sewer system from any non-domestic source.

Interference means a discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the sewer system, its treatment processes or operations or its sludge processes, use or disposal, or is a cause of a violation of this division.

pH means the measure of the relative acidity or alkalinity of water and is defined as the negative logarithm (base 10) of the hydrogen ion concentration.

Sanitary sewer system means a treatment works which is owned by a state or municipality as defined by Section 502(4) of the Clean Water Act. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes all sewers, pipes and other conveyances that convey wastewater to a wastewater treatment plant. The term also means the municipality as defined in Section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.

Transporter means a person who is registered with and authorized by the AHJ or sanitary sewer system to transport sewage sludge, water treatment sludge, domestic waste, chemical toilet waste, grit trap waste, or grease trap waste in accordance with current regulations.

TSS means the value of the test for total suspended solids, as described in the latest edition of Standard Methods for the Examination of Water and Wastewater.

User means any person, including those located outside the jurisdictional limits of the city, who contributes, causes or permits the contribution or discharge of wastewater into the sanitary sewer system, including persons who contribute such wastewater from mobile sources.

(Ord. No. 2020-032, § 2, 12-2-2020)

(a)

Installation.

(1)

New facilities. Food processing or food service facilities that are newly proposed or constructed, or existing facilities that will be expanded or renovated to include a food service facility, where such facility did not previously exist, shall be required to design, install, operate and maintain a grease interceptor in accordance with locally adopted plumbing codes and other applicable ordinances. Grease interceptors shall be installed and inspected prior to issuance of a certificate of occupancy.

(2)

Existing facilities. Existing grease interceptors must be operated and maintained in accordance with the manufacturer's recommendations and in accordance with these model standards, unless specified in writing and approved by the sanitary sewer system.

(b)

Size. All grease interceptors shall be properly sized. Hydro mechanical grease interceptors shall be sized in accordance with PDI G101 standard. Gravity interceptors shall be sized by a professional engineer to allow for a minimum retention time of 30 minutes.

(c)

Bioremediation. Bioremediation media shall only be used with approved FOG disposal systems.

(d)

SME A112.14.6. The BOD, COD, and TSS discharged to the sanitary sewer after use of the media shall not exceed the BOD, COD, and TSS standards established by the department of public works director. The pH levels must be between 5 and 11.

(e)

Interceptor. All grease bearing fixtures shall discharge to a grease interceptor.

(f)

Disposal. All grease interceptor waste shall be properly disposed of at a facility in accordance with federal, state, and local regulations.

(g)

Compliance and log. Users of a grease interceptor shall comply with all requirements, procedures, and detailed record keeping requirements outlined in their approved application in order to ensure compliance with this division. A maintenance log shall be kept that indicates, at a minimum, the following information:

(1)

Date the grease interceptor was serviced.

(2)

Name of the person or company servicing the grease interceptor.

(3)

Waste disposal method used.

(4)

Signature of the operator after each cleaning that certifies that all grease was removed, disposed of properly, grease trap/interceptor was thoroughly cleaned, and that all parts were replaced and in operable condition, as necessary.

(h)

Cleaning schedules.

(1)

Grease interceptors shall be cleaned as often as necessary to ensure that sediment and floating materials do not accumulate to impair the efficiency of the grease interceptor; to ensure the discharge is in compliance with local discharge limits; and to ensure no visible grease is observed in discharge.

(2)

Grease interceptors shall be completely evacuated a minimum of every 30 days, or more frequently when:

a.

25 percent or more of the wetted height of the grease trap or grease interceptor, as measured from the bottom of the device to the invert of the outlet pipe, contains floating materials, sediment, oils or greases; or

b.

The discharge exceeds BOD, COD, TSS, FOG, pH, or other pollutant levels established by the public works director; or

c.

If there is a history of non-compliance.

(i)

Exception request. Any person who owns or operates a grease interceptor may submit to the sanitary sewer system a request in writing for an exception to the 30-day cleaning frequency of their grease interceptor. The public works director may grant an extension for required cleaning frequency on a case-by-case basis when:

(1)

The grease interceptor owner/operator has demonstrated the specific interceptor will produce an effluent, based on defensible analytical results, in consistent compliance with established local discharge limits of BOD, TSS, FOG, or other parameters as determined by the sanitary sewer system; or

(2)

Less than 25 percent of the wetted height of the grease interceptor, as measured from the bottom of the device to the invert of the outlet pipe, contains floating materials, sediment, oils or greases.

(j)

User cleaning, hydro-mechanical grease interceptors only. Grease interceptor cleaning by the user is subject to prior written approval from the public works director to remove grease from its own hydro mechanical grease interceptors. The following conditions shall apply:

(1)

The grease interceptor is no more than 100 GPM size.

(2)

Proper on-site material disposal methods are implemented (e.g. absorbed liquid into solid form and disposal into trash).

(3)

The local solid waste authority allows such practices.

(4)

Grease waste is placed in a leak proof, sealable container(s) located on the premises and in an area for the transporter to remove or pump-out; and

(5)

Detailed records on these activities are maintained.

(k)

Manifest requirements: gravity grease interceptors only.

(1)

Each pump-out of a grease interceptor must be accompanied by a manifest to be used for record keeping purposes, which shall be kept on site for three years.

(2)

Persons who generate, collect and transport grease waste shall maintain a record of each individual collection and deposit. Such records shall be in the form of a manifest. The manifest shall include:

a.

Name, address, telephone, and commission registration number of transporter.

b.

Name, signature, address, and phone number of the person who generated the waste and the date collected.

c.

Type and amount(s) of waste collected or transported.

d.

Name and signature(s) of responsible person(s) collecting, transporting, and depositing the waste.

e.

Date and place where the waste was deposited.

f.

Identification (permit or site registration number, location, and operator) of the facility where the waste was deposited.

g.

Name and signature of facility on-site representative acknowledging receipt of the waste and the amount of waste received.

h.

The volume of the grease waste received; and

i.

A consecutive numerical tracking number to assist transporters, waste generators, and regulating authorities in tracking the volume of grease transported.

(3)

Manifest: the manifest shall be divided into five parts and records shall be maintained as follows:

a.

One part of the manifest shall have the generator and transport information completed and be given to the generator at the time of waste pickup.

b.

The remaining four parts of the manifest shall have all required information completely filled out and signed by the appropriate party before distribution of the manifest.

c.

One part of the manifest shall go to the receiving facility.

d.

One part shall go to the transporter, who shall retain a copy of all manifests showing the collection and disposition of waste.

e.

One copy of the manifest shall be returned by the transporter to the person who generated the wastes within 15 days after the waste received at the disposal or processing facility.

f.

One part of the manifest shall go to the local authority.

g.

Copies of manifests returned to the waste generator shall be retained for five years and be readily available for review by the public works director.

(Ord. No. 2020-032, § 2, 12-2-2020)

No person shall introduce, or cause, permit, or suffer the introduction of any surfactant, solvent or emulsifier into a grease interceptor. Surfactants, solvents, and emulsifiers are materials that allow the grease to pass from the grease interceptor into the collection system, including, without limitation, enzymes, soap, diesel, kerosene, terrene, and other solvents.

(Ord. No. 2020-032, § 2, 12-2-2020)

All testing designed to satisfy the criteria set forth in this section shall be scientifically sound and statistically valid. All tests to determine oil and grease, TSS, BOD, COD, pH, and other pollutant levels shall use appropriate methods approved by the Environmental Protection Agency as defined in Title 40, Code of Federal Regulations, Part 136. Testing shall be open to inspection by the public works director or his or her designee and shall meet the AHJ or sanitary sewer system's approval. Any delays longer than 24 hours in allowing the city access to a generator's premises shall be a violation of this division.

(Ord. No. 2020-032, § 2, 12-2-2020)

(a)

The public works director or designee shall have the right to enter the premises of any user or potential user to determine whether the user is complying with all requirements of this division and any wastewater discharge permit or order issued. Users shall allow the public works director or designee ready access to all parts of the premises for the purposes of inspection, including, without limitation, sampling, records examination and copying, photographs, videos and the performance of any additional duties.

(b)

Where a user has security measures in force that require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the public works director or designee will be permitted to enter without delay for the purposes of performing inspections and responsibilities hereunder.

(c)

The public works director or designee shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

(d)

The public works director or designee may require the user to install monitoring equipment at the expense of the user, as necessary.

(e)

The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense.

(f)

Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the sanitary sewer system and shall not be replaced. The costs of clearing such access shall be borne by the user.

(g)

Unreasonable delays in allowing the public works director or designee access to the user's premises shall constitute a violation of this division.

(Ord. No. 2020-032, § 2, 12-2-2020)

(a)

Inspections and processing. Investigations related to possible violations hereof shall be conducted by code enforcement officers. The city may seek all available remedies in law or equity, including, but not limited to, an administrative search warrant from a court of competent jurisdiction, a criminal search warrant from a court of competent jurisdiction, a subpoena for records once any required notice is given, or an injunction from a court of competent jurisdiction to enforce or restrict any relevant law. All violations of this division will be processed according to section 30-175, penalties, and section 1-8, general penalty; continuing violations, of this Code, per the provisions of any municipal ordinances for code enforcement, as applicable, and per provisions of F.S. ch. 162, pt. I or II, as may be applicable. A code enforcement officer is specifically authorized to issue a citation for each violation. Each day of any such violation shall constitute a separate and distinct offense.

(b)

Abatement and termination of service. If an owner or generator violates the provisions set forth herein, or fails to initiate/complete corrective action in a timely manner in response to the code enforcement directive, then the city shall have the authority to take one or more of the following actions:

(1)

Abate the violation by pumping the grease interceptor and placing the appropriate charge on the facility's monthly city utilities water and sewer bill;

(2)

Assess any inspection fees as set forth in the annual city fee booklet authorized by resolution;

(3)

Terminate water and sewer service.

(c)

Penalties. The city special magistrate may order the violator to pay a fine in accordance with F.S. § 162.09. A fine imposed pursuant to F.S. § 162.09, shall not exceed $250.00 per day for a first violation and shall not exceed $500.00 per day for a repeat violation. However, if the special magistrate finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation. In determining the amount of the fine, if any, the special magistrate shall consider the factors set forth in F.S. § 162.09(2)(b). The special magistrate may reduce a fine imposed pursuant to F.S. § 162.09.

(d)

Appeal. An owner or generator shall have the right to appeal the decision at a code enforcement special magistrate hearing. In such an appeal, the city shall have the burden of proving the propriety of its decision by a preponderance of the evidence.

(e)

Civil and injunctive relief. The city may also enforce this division by action in equity, including injunctive or declaratory relief, in a court of competent jurisdiction.

(f)

Bill of costs. A person, owner or generator who causes a septic sewer overflow shall be responsible for all response costs. The city may prepare a bill of costs for those incidents where the city has expended funds that are recoverable.

(g)

Delivery of written bill of costs. The city shall present a written bill of costs to the owner or generator within 60 days of the septic system overflow in the same manner as the notice requirements of F.S. ch. 162. The bill of costs shall include the following details:

(1)

The amount of time expended by responders or the city;

(2)

The labor costs associated with providing a response; and

(3)

Any capital or other costs expended by responders or the city.

(h)

Right to appeal. An owner or generator shall thereafter have the right to challenge a bill of costs or assessed penalties by filing a written appeal with the office of the city attorney within ten days. Appeals shall be heard by a special magistrate. The city shall have the burden of proving its bill of costs and basis for assessed penalties.

(i)

Uncontested bill of costs. Any uncontested bill or uncontested penalties shall be included in the owner or generator's monthly water and sewer bill.

(j)

False information. Any person who knowingly makes any false statements, representations or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this division, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this division shall, upon conviction, be punished by a fine of not more than $1,000.00 per violation per day or by imprisonment for a term not to exceed 60 days or by both such fine and imprisonment.

(Ord. No. 2020-032, § 2, 12-2-2020; Ord. No. 2022-005, § 5, 3-2-2022)