Loading...
Ordinance 98-055 "~;, ,, Board AN ORDINANCE AMENDING ORDINANCE NO. 97.48, MAKING MINOR.. ., CHANGES TO SUBSECTION 3.3 DISTRICT RATES, FEES AND CHARGES' ' ..... "" OT!IER THAN MONTHLY USER RATES; AND PROVIDING FOR REASONABLE SERVICE C!IARGES; AMENDING SECTION FOUR, LAWN SPRINKLINGflRRIGATION REGULATIONS WITHIN THE UNINCORPORATED AREAS OF COLLIER COUNTY; AMENDING SECTION SEVEN PENALTIES; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County on September 24, 1997 enacted Ordinance No. 97-48 establishing a Uniform Utility Operating and Regulatory Standards, Procedures and Monthly Billing Schedule Ordinance; and WHEREAS, the Board of County Commissioners has determined that it is in the best interests of the public's health, safety, and welfare to provide for irrigation/lawn sprinkling regulations; penalties and enforcement of any violations thereto; and adopts a time and material rate for labor, equipment, parts and supplies. NOW, THEREFORE, BE IT ORDAINED BY TItE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ThAt Ordinance No. 97-48 is hereby amended to read as follows: SECTION THREE. District Rates, Fees, Charges and Regulations. 3.3. District Rates, Fees and Charges other than Monthly User Fees. t'~ A. Meter installation charges to be paid to the District shall be as follows: -- 1. Meter Size Meter Tapping Charge ':: ' 3/4" $260.00 1" $350.00 I W' $500.00 2" $600.00 The fees in this subsection are based upon meter installation for a typical single family residential street. In all other circumstances the meter installation fee shall be based upon the DisUict's actual cost for time and materials. 2. For meters larger than two (2) inches, the materials' and labor for installation of such meters shall be fumished by the developer in accordance with District requirements and specifications and dedicated to the District in accordance vdth County ordinances, at no cost to the District. 3. All meters two inches (2") or smaller will be installed by the District and shall remain the property of the District. 4.Meters must be left accessible to District employees at all times. 5. When any properly owner, who has a water meter, makes application to the District for the installation of a larger meter to replace a smaller meter, the Words underlined are added; words ::.'-.:':.k t~:c::g.s: are deleted. I · . .. property owner shall be given no credit for tapping charges paid on the smaller meter in accordance with the above schedule. There shall be no refunds or credits given to any property owner requesting a smaller meter. B. Temporat)' Meters. 1. Temporary meters may be installed and removed by the District. The fee for such installation and removal shall be based upon the District's actual costs for time and materials. 2. The temporary meter charge for service shall be based upon the non-residential monthly availability and volume charges. C. The following list of charges is established for user services: !.New Accounts $ 20.00 2. Meter Removal or Lock $ 50.00 3. Turn On AFter Hours $ 50.00 4. Meter Removal or Lock After Hours $ 100.00 5. Meter Initial Re-Read $ 20.00 6. Meter Tesv'2nd Re-Read $ 35.00 7. Non-Emergency Shut Offs $ 50.00 8. Account Reinstatement (less than or equal to 15 days) $ 30.00 (plus full payment and delinquency fees) 9. Account Reinstatement (greater than 15 days) $ 50.00 (plus full payment and delinquency fees) D. Effluent irrigation usage in each District shall be at the following schedule: Service Volume Meter Size Availability Charge Per 1,000 Gallons Charge 5/8', 3/4" $ 4.35 $0.13 I" $10.90 $0.13 I - I Y~" $21.75 $0.13 2" $ 43.50 $0.13 3" $ 87.00 $0.13 4" $174.00 $0.13 6' $227.00 $0.13 8" $407.00 '$0.13 Except in cases where a written agreement between the District and the property owner establishes a minimum gallonage monthly effluent rate that cannot be changed unilateraily by the District, all golf course and other bulk sales of effluent shall be sold and billed in accordance with this section. E. Late payments for monthly user fees are subject to a charge of 5% on the unpaid balance after the due date on the bill. ~ F. The rates, fees and charges as established in this Section Three shall be reviewed on an annual basis to ensure adequate revenues for District system operation, maintenance, renewal, replacement, enhancement and debt service costs. G. The District's time and material rates for labor. eau_ipmCnt. oaris and supplies l;hall b~ ba-~ed On actual co~ts and Shall be revised annUally, Genqral and administrative Words underlined ar~ added; words ~.*r,::k thr=::~,h ~'~ deleted. 2 overhead shall be t~dded at a rate of 15%, Time and material rates Shall be applied to work performed by County personnel not provided for under Standard adop~.ed fees, SECTION FOUR. lrrigatiord'Lawn Sprinkling Regulations. 4.1. Purpose. From time to time, operational conditions may limit the ability of the District or any other authorized water purveyor providing water service in Collier County, Florida, to supply potable and/or OOn-potable water. A deficiency in normal rainfall causes increased demands in the District or operating area of an authorized water purveyor which may exceed cr the :'.:".hcfi~d ':.'ate,' pur.'eycr'~ water system facilities ~ designed capacity. These operational conditions or increased demands may cause water pressures lower than required by the n ......... r ~..,: ........ ~ n ...... -~v ....................................... , er ='~2,' r,~:eeeez, or regulatory ngenc,.y agencies. regulations, or Fre,~.v.:rev, !e':.'er :~"..n .-.eee,~a.~' to properly operate the water system of the Districts or the authorized water purveyor. These reductions in system pressure may pose a threat to the health, safety, and welfare of the citizens of Collier County. The potential threats may occur in relatively short time periods, requiring immediate action to protect the public health and prevent damage to the District's and authorized water purveyoes water facilities. Accordingly, there is a need to establish irrigation/lawn sprinkling restrictions to protect the public health, safety and welfare. 4.2. Regulations. A. The following regulations are hereby established governing the use of potable and/or non-potable water for irrigation/lawn sprinkling from ~he District's or any other authorized water purveyor's water system in Collier County during emergency conditions within the unincorporated areas of Collier County. As there are separate areas which are supplied through separate facilities and water sources, these regulations may be applied to any one, all or any portion of the designated areas Or Systems, dependent upon the nature of the emergency. B. The Board of County Commissioners hereby authorizes the County Administrator, or his designee, to implement said regulations whenever the County Administrator has received notice from District staff, or the staff of an authorized water purveyor, that because of natural or operational conditions, the District's or authorized water purveyor's water facili.'.ies are inadequate to meet system demands, which may affect the health, safety or welfare of the citizens of Collier County. The County Administrator, or his designee, may impose said regulations without approval from the Board of County Commissioners, if it is determined that time restraints required for Board approval would cause an undue risk to the residents or water facilities of the District or the authorized water purveyor. The County Administrator, or his desiF, nee, is required to seek approval from the Board of County Commissioner at the first available regularly scheduled session, or special session, to maintain Words underlifted. are added; words s.~-=:k '.~.w,=gh are deleted. 3 enforcement of said regulations. At the conclusion of the emergency, the County Administrator, or his designee, shall rescind said regulations, unless otherwise directed by the Board of County Commissioners. The Regulations are ::',:E!!:he-~ as follows: Irrigation/Lawn Sprinkling of Irrigation/Lawn Sprinkling of Established Landscape Matertab Established Landscape Materjab (over 30 days old) (over 30 days old) ODD NUMBERED ADDRESSES EVEN NUMBERED ADDRESSES. Phase I - Restrictions Watering permitted on Tues. Thurs. & Watering permitted on Wed. Fri. & Sun.; Sat.; from midnight to 6 am from midnight to 6 am Car Washing - Saturday and Sunday; Car Washing - Saturday and Sunday; 6amto 10am 6amto 10am Phase !I - Restrictions Watering permitted on Tues. & Sat. only; Watering permitted on Wed. & Sun. only; from midnight to 6 am from midnight to 6 am Car Washing - Saturday and Sunday; Car Washing - Saturday and Sunday; 6amto 10am 6amto 10am Phase !II - Restrictions Watering permitted on Saturday only, Watar~ng permitted on Sun~day only; from midnight to 6 am from midnight to 6 am Car Washing - Prohibited Car Washing - Prohibited Words underlined am added; words :-~.:':~ '-.~---:::g~ are deleted. 4 Irrigation/Lawn SprinkllnI of New Landscape Materials (lu4 than 30 days old) ODD AND EVEN NUMBERED ADDRESSES Phase ! - Restrictions Watering Pertained on lvlon. Wed. Fri. & Sun.; from midnight to 6 am Clean & adjust new in'igation system - allow 10 minutes per zone, one time only. Phase II - Restrictions Watering permiued on Wed. Fri. x, Sun.; from midnight to 6 am Clean & adjust new irrigation system - allow 10 minutes per zone, one time only. Phase Iil - Restrictions Watering permitted on Wed. & Sat.; from midnight to 6 am Clean & adjust new irrigation system - allow 10 minutes per zone, one time only. 4.3. Hardship,rVa-riance Procedure. A. Under extraordinary conditions the u~,,~ ^t c, ...... e,^_~:~: ..... County Adrnini~tr~;gr or his desistnee may grant a variance to the regulations adopted in this section. Any request for a variance must be submitted by the affected District or water purveyor in writing to the County Administrator or his desil/nee. B. A request for a variance submitted by a District or water purveyor may be granted when the District or water purveyor provides a written statement w'hjch indicates that a hardship exists due to operational conditions wherein the District's or water purveyor's system cannot meet system demands caused by the implementation of the regulations set forth in this Section and setting fdrth the variance requested. C. A request for a variance submitted by a properly owner served by a District or water purveyor may be granted when the property owner provides a written statement which indicates that the property owner will suffer a substantial hardship due to the implementation of the regulations set forth in this Section and setting forth the variance requested. Any request for a variance submitled by a property owner shall first be reviewed and approved by the District or water purveyor. D. Any variance granted by the n^n.,~ ~r r, ...... r,^__:.~: .... County Administrator or his desismee shall be the minimum necessary to alleviate the hardship created by the implementation of the regulations set forth in this Section. Words underlined are added; words .... b .~, ....%- arc deleted. 5 ,. S:. E. Any variance granted under this Section shall terminate upon the hardship no longer existing. SECTION SEVEN, Pen.alties .......... 1''.v'' .............................. r ............ 1" .......... 1'''~ ...... J The penalties for uncontested violations of this Ordinance shall he One hundred doll~rs f$100.00'J for the first offense, two hundred fifty dollars f$2~0.00) for the Second offense. and four hurldred. dolla~ ('$400.00) for the third and $ubsequCnt offcnse(s'}, Each perk;on who. or entity that. cont¢st~ a~y violation Of this Ordir~anc¢ i~ thereby ~ubieCt tO a civil fine Of UP tO fiv.__e h;mdred dOllarS ($500.00'1 for each contest, Citations for violations of this Ordinance rn~.y ~ issued vursuant to Collier County Ordinance No. 97-35 (the CitatiOn Ordinar. c¢), ViOlationS Of this Ordinance may be enforced under Chapter 16~ or Florida Statutes125.69, or under 1-6 of the County'~ Code Of L~w~ and OrdinanceS, No person shall be incarcerated for ~y violario. Of this Ordinance except as may be ordered bY a judge because of direct C.9rltCmpt of court. A. Each sevante day that there is any violation of this Ordinance by the same verson 9r ¢ntiW shall constitute a separate offense. 1B..All firl;s ~llected pUrl;uant tO this OrdinanCe by the Code Enforcement Department ~hall be USed tPY the COde Enforcement Dep.artment to fund enforce~;~t 9f this Ordinance and/or other County Ordinances. SECTION TWO: Conflict and Severability, . The provisions of this Ordinance shall be liberally construed to effectively carry out its purposed in the interest of public health, safety, welfare, and convenience. If any section, phrase, sentence 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, and such hold shall not affect the validity of the remaining portions thereof. Words underlined are added; word~ :~::k :.~::::;.% are deleted. 6 SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES, The provisions of this Ordinance shall become and be made a par~ of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance: may be changed to "section", "article", or any other appropriate word. SECTION FOUR. Effective Date. This Ordinance shall become effective upon being filed with the Department of State. PASSED AND DULY adopted by the Board of County Commissioners Collier County, Florida, as the Governing Body of Collier County, Florida, and as Ex-Ofiicio the Governing Board of the Collier County Water-Sewer District, the Marco Water and Sewer District, and the Goodland Water District, this/Z'. day of ~ ,1998. · ~ROCK ~ DWIGHT E CLERK ·/. ..l~ ~is ordinanc~ f;tcd wHh the Secreta~ of S~ol~'s Offi th o~ ac~o~~t of that Approvod ~ ~o ~o~ ~d fi~i~ received~~Y legal su~ciency: o ~om~ C. PalmeL Assis~t County A~omey Words ~arl~lcr]ined are added; words :.*r-zk ,..~..:::g.k. are deleted. 7 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-55 Which was adopted by the Board of County Commissioners on the 16th day of June, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of Coun~. .. Commissioners of Collier County, Florida, this 16th day ofrj~'ne',' 1998. ; ',. ,, .~ .........','i'.~;, · .," , ~ ~ ~ ~, ~' . -'. ',,, ~-. .."'.< DWIGHT E. BROCK Clerk of Courts county commissi,o D , · .. -. .,.~4~. ·