Ordinance 85-59 0RDINANC~'~ NO. 85 - 59.
RF20LUTI0~ NO. CWS 85 -' ~
AN ORDINANCE AND RESOLUTION RELATING TO SE$~ER
CONNECTIONS FOR PROPERTIES HITHIN SEk~ER DISTRICT
'C" OF THE COUNTY ~ATER-SE~ER DISTRICT; REQUIRING
SE~ER CONNECTIONS; PROVIDING FOR EXCEPTIONS;
PERMITTING CONNECTIONS BY THE DISTRICT; DEFINING
UNLARFUL CONNECTIONS; PROMULGATING THE RATES TO BE
CHARGED F0R USE OF MUNICIPAL S~ER SERVICES WITHIN
THE COUNTY ~ATER-SE~ER DISTRICT, SE~ER DISTRICT
"C", h~4ICH SHALL BE AS FOLLOWSI
1) Residential
Single family residences, multi-family
residences,-apartment rostdences, mobile
home residences~
Each one bath living unit
Each additional bath per living unit
2) Non-Residential
$ 9.98
1.37
Each facility shall be billed based upon
the total of the following units contained
therein.
a} Hotel, motel and trailer rental units:
x~a~ch unit
.~.Commercial, office and industrial
~tollet units (not to include indus-
~tri&l waste).
~Each toilet unit
~Commercial and coin laundry
washer units,
Each washer unit
d) Restaurant and Lounge seating unlts~
Each seating unit
e)
OUTLINING MF_2%NS OF ENFORCING PAYMENT FOR SUCH
SERVICE; PROMULGATING REQUIREMENTS RELATING TO
SANITARY AND DISPOSAL REQUIREMF2f~S, SEPTIC TANK~,
MAINTENANCE OF PLUMBING, SEPARATE CONNECTIONS
EACH SEPARATE UNIT; PROVIDING FOR PAYMENT OF FEES
AND THAT UNPAID FEES SHALL CONSTITUTE A LIEN;~
PROHIBITING FREE SERVICE; AND PROVIDING PENALT~_2
FOR VIOLATION; PROVIDING FOR CONFLICT AND
SEVERABILITY AND PROVIDING AN ]~FFECTIVE DATE.
4.88
$17.85
8.93
1.58
Non-profit groups including churches,
property owners' association facilities,
government service facilities, fire
stations and schools:
Each toilet unit ~8.93~
BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, AND BE IT RF20LVED by the BOard of County
Commissioners of Collier County, Florida, Ex-Officio the Governing
Board of the Collier County ~ater-Sewer District that~
SECTION 1. A~I~A~JJ~X. This Ordinance shall apply to the
connection of improvements on land within Sewer District "C" of the
County Nater-Sewer District to the sewer facilities of said
district. For the purpose of this Ordinance, 'improvements' shall
mean any building, traller,'or other structure for residential,
commercial, or industrial use.' 'District', unless the'context
indicates otherwise, shall mean Sewer District ~C" of the County
Water-Sewer District. '
SECT~0H 2. CONNECTIONS WITH SENER'REOUIRED. The owner of
each lot or parcel of land within Sewer District "C' of the County
Water-Sewer District, upon which Iot' or'parcel of land any
improvement is now situated or shall hereafter be situated, shall
connect or cause such improvement'to be connected with the public
sewer facilities of the municipal sewer system of the District and
use such facilities within ninety (90) days following notification
to do so by the Clerk of the Circuit Court. Ail such connections
shall be made in accordance with rules and regulations which shall
be adopted from time to time by Governing Board of said District,
which rules and regulations shall provide for a charge for making
any such connection in such reasonable amount as such Board may fix
and determine. No connection or connections shall be required
where said sewer system or line is more than two hundred (200) feet
from such improvement.
SECTION 3. EXCEPT~0NS TO CONNECTIONS. This Ordinance shall
not be construed to require or entitle any person to cross the
private property of another to make any such sewer connection.
SECTION 4. CONNECTIONS MAY BE MADE ~¥ DISTRICT. If any such
owner of any lot or parcel of land within the District shall fail
and refuse to connect with and use the facilities of the sewer
system of the District after notification by the Clerk of the
Circuit Court, as provided herein, then the District 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 District 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 costs of making such connections, the District ·
shall have a lien on such lot or parcel of land for such cost;
which lien shall be of equal dignity with the lien of State and
County taxes. Such lien may be foreclosed by the District in the
same manner provided by the laws of Florida for the foreclosure of
mortgages upon real estate.
SECTION 5. ~TES
A. A rate schedule is hereby adopted by the District
providing for the following monthly user rates~
1)
Single family residences, multi-family
residences, apartment residences, mobile
home resldences~
Each one bath living unit $ 9.98
Each additional bath per living unit 1.37
Pave 2 of 5
B74
2) Non-Residential
Each facility shall be billed based upon
"the total of the following units contained
.'therein.'
a)
b)
Hotel, motel and trailer rental units:
Each unit
Commercial, office and industrial
toilet units (not to include indus-
trial waste):
Each toilet unit
4.88
817.85
c;
Commercial and coin laundry
washer units:
Each washer unit
$ 8.93
d) Restaurant and Lounge seating units:
Each seating unit
1.58
e;
Non-profit groups including churches,
property owners' association facilities,
government service facilities, fire
stations and schools:
Each toilet unit
8.93
B. The District reserves the'right to enter into contracts
with large users of sewer service for the purpose of setting and
determining a monthly charge or rate for the use of ,uch services,
which monthly rate or charge may be computed upon a different basis
than set forth in the paragraph immediately preceding. Such
~=n~ra~ #~11 b~ #n~r#d intu by m~an# cf re~olution duly adopted
by the Governing Board of the District.
SECTION 6. UNLA~FUL CONNECTION. No person shall be allowed
to connect into any sewer line owned by the District without the
written consent of the District, and then the connection with such
line shall be made only under the direction and supervision of the
District. Any property owner or plumber who shall make any
connection without such consent of the District shall, upon
conviction bs subject to the penalties hereinafter provided.
SECTION 7. CONNECTING OLD PLUMBINQ. ~henever it is desirable
to connect old plumbing with the District sewer main, the owner or
plumber contemplating doing such work shall notify the District
Plun~blng Inspector who will inspect said old plumbing and notify
the owner or plumber what alterations will be necessary to place
said old plumbing in an acceptable condition for such connection.
Any owner or plumber who shall make any connection without the
approval of the Plumbing Inspector shall, upon conviction, be
subject to the penalties hereinafter provided.
SECTION 8. SANITARY REOUIREMENT$. Every improvement in which
human beings reside, are employed or congregated, shall be required
to have a sanitary method of disposing of human excrement, namely
either a sanitary water closet that is connected with the District
sewer system or an interim sewer system approved by the District or
an approved type of septic tank. A septic tank will be used only
if the improvement is more than 200 feet from the sewer line.
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021 ,',:375
SECTION 9. DISPOSAL P. EOUIRE~TS. It shall be unlawful for
, any person, persons, firm or corporation'ow~tng or leasing any
premises in the District to permit the disposal of any human
excrement on am7 property, leassd o= rented by any such person,
.firm or corporation or the agent of any such person, firm or
corporation, except in a sanitar7 water closet where sewage lines
are available as defined above.
SECTION 10. ~_~. No septic tank other than those
approved by the State Department of Pollution Control shall be
constructed within the District. No septic tank shall be
constructed within 200 feet of the se~r line.
SECTION 11. FAILURE TO ~AINTAIN PLUMBING SYSTEM. The o~ner
of the property shall be responsible for ~aintaining and keeping
clean the sewer pipes leading and connecting from the plumbing
system to the District's main sewers, and failure to keep the sewer
pipe, i.e. the pipe leading from the plumbing system to the sewer
main, clean and maintained in a proper ~anner shall be subject to
the penalties hereinafter provided.
SECTION 12. PAYMENT OF FEES AND BILLS REOUIB~.. Bills for
the monthly charges and fees hereinbefore mentioned shall be
submitted and shall be payable on the 15th day of each month and if
such monthly bill shall be and remain unpaid on and after the last
day of such month for such service, a penalty of $1.00 shall be
imposed and be added to said bill. Said panalty shall be
compounded monthly until sewage disposal fees are fully paid,
together with said penalty.
SECTION 13. UNPAID FEES TO CONSTITUTE L~F~. 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
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 o~er, 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 thirty days or more the unpaid balance thereof and all interest
accrued thereon, together with attorneys fees and costs, may be
recovered by the District in a civil action, and any such lien and
accrued interest may be foreclosed or otherwise enforced by the
District by action or suit in ~qulty as fn~ th~ foreclosure o[ a
mortgage on real property.
SECTION 14. ~O FREE SERVICE. No sewage disposal service
shall be furnished or rendered free of charge to any person, firm
or corporation whatsoever, and the County and each and every
agency, department or instrumentality which uses such service
shall pay therefore at the rates fixed by this Ordinance.
SECTION 15. SEPARATE CONNECTIONS FOR EACH SEPARATE UNIT.
Each residential unit whether occupying one or more lots and
whether it shall occupy any lot or parcel Jointly with any other
residential unit shall be considered a separate unit for the
payment of the sewage disposal fees, and separate connections
be required for each of such units.
SECTION 16. ~. Violations of this Ordinance shall be
punished as provided by law for the violation of county ordinances.
In addition, the D~strlct or County may enforce the provisions of
this Ordinance through appropriate Judicial writ.
Page 4 of S
376 ·
'"" . ~CTION 17, CONFLICT A~D SEVERABILXTY: In the event this
",Ordinance conflicts with'an7 other0rdinance'of Collier County or
applicable' law,'.the'.more restrictive shall apply. If 'any'
T: phrase or portion of this Ordinance 'is'held invalid'or
:~.unconstitutionaX by any 'court"of competen="JurXsdiction, such
portion shall be deemed' a'"separat'e'"district and independent
provision and such holding~shall not'Affect the validity of the
remaining portion.'
SECTION 18. ~. ' This Ordinance shall take effect
upon receipt of notice that"it has been filed with the Secretary of
State.
PASSED AND ADOPTED by the Board of County Commissioners of
Collier County, Florida, at its regular meeting held the 8th
day of QgtQbgr , 1985.
STATE OF FLORIDA )
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNT~, FLORIDA, EX-OFFICiO
THE GOVERNING BOARD OF THE COUNTY
~ATER-SE~ER DISTRICT
BY~Frederick~J. Voss, Chairman
Approved as to form and legal sufficiency.
..
R. Bruce Anderson
Assistant County Attorney
COUNTY OF COLLIER )
I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial
Circuit, Collier County, Florida, do hereby certify that the foregoing is a
true original of:
ORDINANCE NO. 85-59/RESOLUTION NO. CWS 85-9
which was adopted by the Board of County Commissioners during Regular
Session on the 8th day of October, 1985.
WITNESS my hand and the official seal of the Board of County Commissioners
of Collier County. Florida, this 14th day of October, 1985.
WILLIAM J. REAGAN
Clerk of Courts and Clerk
Ex-Officio to Board of.-"
County Cormissioners an4~,
Coverning oard of
Water/Sewer District ' ..
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