Ordinance 83-39ORDINANCE NO. 83-39
RESOLUTION NO. MWS 83- 1
AN ORDINANCE RELATING TO SEWER CONNECTIONS
FOR PROPERTIES WITHIN MARCO WATER AND SEWER
DISTRICT: REQUIRING SEWER CONNECTIONS: PRO-
VIDING FOR EXCEPTIONS: PERMITTING CONNECTIONS
BY THE DISTRICT: DEFINING UNLAWFUL CONNECTIONS;
PROMULGATING THE RATES TO BE CHARGED FOR USE
OF MUNICIPAL SEWER SERVICES WITHIN THE DISTRICT;
OUTLINING MEANS OF ENFORCING PAYMENT FOR SUCH
SERVICE: PROMULGATING REQUIREMENTS: PROHIBITING
FREE SERVICE: PROVIDING PENALTIES FOR VIOLATION
AND AN EFFECTIVE DATE.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA AND RESOLVED BY THE
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, EX-OFFICIO THE
GOVERNING BOARD OF THE MARCO WATER AND SEWER DISTRICT OF COLLIER
COUNTY, FLORIDA:
SECTION 1. APPLICABILITY. This Ordinance shall apply to the
connection of improvements on land within Marco Water and Sewer
District to the sewer facilities of said district. For the pur-
pose of this Ordinance "improvements" shall mean any building,
trailer, or other structure for residential, commercial, or in-
du.~trial use. "District", unless the context indicates otherwise,
shall mean Marco Water and Sewer District.
SECTION 2. CONNECTIONS WITH SEWER REQUIRED. The owner of --3-]
each ll,t or parcel of land within the District, upon which Tot
or par~l of ~a~d any improvement is now situated o~ sh~l ~-
after be situated, shall connect or cause such impr_~veme~_n~ 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 so to do by the Clerk of the Circuit
Court. All such connections shall be made in accordance with rules
and regulations which shall be adopted from time to time by Govern-
ing Board of said District, which rules and regulations shall pro-
vide for a charge for making any such connection in such reasonable
amount as such Board may fix and determine. No connection or con-
nections shall be required where said sewer system or line is more
than two hundred (200) feet from such improvement
SECTION 3. EXCEPTIONS 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.
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SSCTION 4. CONNSC~IONS MAY B~ MADS BY 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, aa 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,costs
and attorney's fees, by suit in any court of competent
Jurisdiction. In addition and as an alternative means of
collecting ~uch costs of making such connections, the Dis-
trict shall have a lien on such lot or parcel of land for
such costl 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.
SECTfON 5. RATES. The monthly user rate will be:
1) Residential
Single family residences, multi-family residences,
apartment residences, mobile home residences:
Each one bath living unit S10.65
Each additional bath per living unit $ 2.35
2) Non-Residential
Each facility shall be billed based upon the total of
the following units contained therein.
a) Hotel, motel and trailer rental units:
Each unit $ 5.20
b) Commercial, office, recreational and
industrial toilet units (not to include
industrial waste):
Each toilet unit $18.85
c) Commercial and coin laundry washer unite:
Each washer unit $ 9.45
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d) Restaurant and Lounge seating units:
Each seating unit $ 1.65
e) Non-profit groups, including churches, property
owners association facilities, government service
facilities, fire stations and schools:
Each toilet unit $9.45
SECTION 6. UNLAWFUL 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 super-
vision of the District,
SECTION 7. CONNECTING OLD PLUMBING. Whenever it is desirable
to connect old plumbing with the District sewer main, the owner
or plumber contemplating doing such work shall notify the Dis-
trict Plumbing 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.
SECTION 8. DISPOSAL REQUIREMENTS. It shall be unlawful for any
person, persons, firm or corporation owning or leasing any prem-
ises in the District to permit the disposal of any human excre-
ment on any property, leased or rented by any such person, firm
or corporation or the agent of any such person, firm or corpora-
tion, except in a sanitary water closet where sewage lines are
available as defined above.
SECTION 9. SEPTIC TANK. No septic tank other than those approved
by the Department of Environmental Health of the Health and Re-
habilitative Services of the State of Florida shall be constructed
within the District. No septic tank shall be constructed within
200 feet of the sewer line.
SECTION 10. FAILURE TO MAINTAIN PLUMBING SYSTEM. The owner of
the property shall be responsible for maintaining and keeping
clean the sewer pipes leading and connecting from the plumbing
system to the District's main sewers.
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SECTION 11. PAYMENT OF FEES AND BILLS REQUIRED. Bills for
the monthly charges and fees hereinbcfo£e mentioned shall be sub-
mitted 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 penalty shall be com-
pounded monthly until sewage disposal fees are fully paid, together
with said penalty.
SECTION 12. 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 pa%d as and when due and sha][ be in default for thirty days
or moro the unpaid ba]ance thereof and all interest accred thereon,
together with attorneys fees and costs, may be recovered by the
District in a CIVll action, and ~lny such lien and accrued interest
may be foreclosed or otherwise ,,nforced by the District by action
or suit tn equity as for the foreclosure of a mortgage on real
property.
SECTION 13. NO 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
therefor at the rates fixed by this Ordinance.
SECTION 14. 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 pay-
ment of the sewage disposal fees, and separate connections will
be required for each of such units.
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SECTION 15. REPEAL. Resolution No. MWS-81-2 is hereby repealed.
SECTION 16. PENALTIES. Violations u~ this Ordinance shall be
punished as provided by law for the violation of County ordinances.
In addition, the District or County may enforce the provisions
of this Ordinance through appropriate ~udicial writ.
SECTION 17. CONFLICT AND SEVERABILITY. In the event this
Ordinance conflicts with any other ordinance of Collier County
or other applicable law the more restrictive shall apply. If
any phrase or portion of this Ordinance is held invalid or uncon-
stitututional by any court of competent Jurisdiction, such portion
shall be deemed a separate, distinct and independent provision
and such holding shall not affect the validity of the remaining
portion.
SECTION 18. EFFECTIVE DATE. This Ordinance shall take effect
upon receipt of notice that it has been filed with the Secretary
of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, at Its regular meeting held on 2nd
day of Au~st , 1983.
ATTEST:
WILLIAM J. REAGAN, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA AND
EX-OFFICIO THE GOVERNING BOARD
OF THE MARCO WATER AND SEWER
DISTRICT OF COLLIER COUNTY, FLORIDA
APPROVED as to form and legal
sufficiency
~ . Burr L. ~, Co--6-I-~ier County
This ~rd~ce filed %rith the Secretary of State's Office the Attorney
"- . 8th ~l~y of August, 1983 and acknowledgement of that filing received
· " ,"... ,thi~Xllth day of Augus.~1983.
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, WILLIAM Jo REAGAN, Clerk of Courts in and for the
T~entieth Judicial Ciccuit, Collier County, Florida, do
hereby certify that the foregoing is a true original of~
ORDINANCE NO. 83-39
which was adopted by the 8oard of County Commissioners during
Regular Session the 2nd day of August 1983.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 26th
day of July, 1983.
WILLIAM J. REAGAN
Clerk of Courts and Clerk
Ex-Officio tO Board of
County Commissioners
BYvi rg t~fa Magri '"'
Deputy Clerk ~ : '~