Ordinance 80-112 ORDINANCE NO. 80- ll2 , ·
OF SA~D COD~, ~qUZRZNO ~P~OV~ OF S~AOS D~S~ ]~
~OS~ SYS~ PRIOR TO ~K ISSUANCE OF BUiLDiNG
P~IT~ PROVIDING DEFINITIONS; PEN~TIES; PROVIDIN~
~S. =he Board of Co~=y Co~iss~oners of Collier
~un~-. Florida has found and de=e~ined =ha= =he heal=h, welfare
~ safety of =he ci=izens and residen=s of Collier Coun=y.
~l°rida. are no= beinE adeq~=ely pro=et=ed in =he issuance
b~$1dSn~ pe~i=s, in ~ha= cer=ain s=~c~ures ~y be e~ec~ed
~c~s=an=es in which =here is no f~ assurance =o the public
~ l~e 0r ~urchasers of ~i~s W~hin ~he s=ru~=ure tha= such
~ain~s W$il be connected ~o a eeneral sewage disposal
~S, ie is in ~he Public ineereSe eo prevene eonserue~ion
S~ 5U~ld~ngs or serueeures which after comp~ee~on my hoe be
~b~table due eo ~he failure of the builder ~o properly ~ovfde
. for disposal of sewage was~e~, and
~S, ie ts necessary for ehe pioeeetion of ehe health,
~i~hre ahd safety of the restdongs and citizens o~ ~oilie=
~6~hky'to insure safe, adequate and ~ope~ disposal of Sewage
~E~AS~ the proltfera~ion of buildinEs or structures
~k~hou~ adequate assurance ~hat ~ov~sions have been ~de for the
~posai of sewage wastes wi11 ~htegfere Wi~h a 6ompgehensive ahd
8~hized Counky~wtde sewaEe waste d~sp0sal ~ys=em plah ~nd
~0~k to the detriment of the citizens ahd ~esidents of Collier
~i6~hOW'RS mE~FO~ BE IT O~AINED BY ~tE BOA~ OF
OF COLLIER CO~TY, FLORIDA that: ~
afee= ~ha effee=tv~ da=e of ~hi~ Ordinance h6 buil~g
permit shall be issued for any structure in which plumbing ~
~ixCurea are installed requiring the use of an on-aLta Creacmen
facility or central sewage disposal system unless the developer
has received written approval in accordance With this, Ordinance.
Section 2. De~initions.
A. ~tructure. Any bulldins in which plumb}ns fixtures
are installed except those for which septic tanks are permitted
by applicable state law.
B. Central Sewage Disposal Syste~. A syste~ operated
by a 8oVernmental asency or private operator, which a~ency or
operator has authority to serve the lands upon which the struc-
ture is to be located.
C. Developer. Any person, persons, partnership, firm,
corporation or cooperative enterprise undertakint or parti:ipating
in the development of ladd or the construction of buildin~s.
D. Approval. A si~ned statement from the Utility Director
of Collier County that the requirements of this Ordinance have
been met and that adequate assurance of service has been provided.
Section 3. Method of Obtainina Approval.
A. In' cases where the structure will be required to connect
or is proposed to connect to a central sewa§e disposal system the
developer shall, as part of the buildin§ permit application, show
on the plans connection to such system and shall furnish a .'
bindin8 letter or asreement' from the appropriate a§ency or
operator to the effect that the a§ency or operator has authority
to serve the structure, that the system has capacity to serve the
itructure, and that such capacity has been reserved for the '.._
structure.
B. In cases where the structure must'be served by an on-
site treatment facility, the developer shall, as part o£ the
buildin8 permit application, submit a certified copy of the DER
construction permit for said on-site treatment facility, or such
other approved construction permit as may be applicable.
C. Upon submission of the necessary documents, the Building
Official shall transmit same to the Utility Director who shall
review and issue his written approval to developer with copy Co
building permit unless such approval has Been received. No
approval shall be issued by the U~ility Director unless he
determines that there is adetuate assurance of ~ervice. '~dequate
assurance of service" shall mean a substantial probability that
all events and conditions which must occur to provide service
the time a Certificate of Occupancy may be issued will in fact
occur.
Section 4. Conflict and Severabilit~.
(a) In the event this Ordinance conflicts with other
applicable law, the more res~rictive shall apply. If any portion
of this Ordtnance is in conflict ~tth an ordinance of any munici-
pality within Collier County, it shall not be effective
the municipality to the extent o[ such conflict.
(b) I£ any section, subsection, sentence, clause, phrase,
or portion of this Ordinance iS, for any reason, held invalid or
unconstitutional by any court of,competent Jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision of such holding and shall not af£ecC ~he validity of
the rem~inin§ portion thereof.
Section 5. Penalty and Enfforcement.
Any person violatint any provisions of this Ordinance
shall, upon conviction, be liable to a fine not exceeding three
hundred dollars (~300.00) or imprisonment not to exceed ninety
(90) days or both such fine and..imprisonment. The Board of
County Co~nissioners shall have the right to enforce this Ordinance
through appropriate writ.
Section 6. EmerKenc¥.
This Board does hereby declare that an emergency exists ~nd
that immediate enactment of ~his Ordinance is necessary, and by
no less than four-fifths (4/Sth) vote of the membership of
Board does hereby waive notice of intent to consider this Ordinance.
A certified copy of thi~ Ordi~ance, as enacted, shall be
filed by the Clerk of the Board with the D~partment of State of
the State of Florida, as soon after enactment as is prac~icablm
by deposicin& ~he same rich the postal authorities of.C~a &ovarn-
mane o£ Ohs United States for special delivery by certified mail,
postage prepaid, co the Florida DeparCmen~ of Scats.
Section 7. E£feccive DaCe.
This Ordinance shall become effective upon becomins law.
DATED: December 9, 1980 BOARD OF COUNTY COMMISSIONERS
COLLIER
COUNTY,
FLORIDA
i b~';~/~-~' ~~Jo~n" A. Piaco~", 'Chairman
'~;"":'!:~:!'::'""'"" ."~'~' / Approved., ~rm and
"~,"..'.' ,-~,' eufficio . ,
lZ/--'~na~ld A. P~ck~or~h
Collier County Attorney
STATE OF FLORIDA )
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. 80-112
which was adoFted via emergency procedures by the Board of
County Commissioners during Regular Session December 9, 1980.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this llth day
of December, 1980.
This ordinance
the ~6th day of December, 1980 and acknowledgement of that
filing, received this 18,t~ay of O~g,~m~er, 1980..
llep'uty C1 erk
WILLIAM J REAGAN
Clerk of Courts and Clerk"
EX officio to Board o~
County Commissioners, %% ..~ .:'
~ ~ .'
Virgi~a Magr£, DepUt~_.Clerk.'k;
,..,
.,,.",.,.,.;:;.,' ... ',~ . :.~L ;"
filed with the Secretary of State's Office ". '