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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. Page 3 of 5 021 ,',: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 ' .. Page 5 of 5