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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 ". '