Ordinance 77-05ORDIN.~C~ NO. 77- ~
AN ORDINANCE RELATING TO SEWER CONKECTIONS FOR
PAOPERTIES WITHIN SEWER DISTRICT 'A' OF TR~ COUNTY
WATER-S~TER DISTRICT~ REQUIRI~G SL~ER CONNECTIONS~
PROVIDING FOR EXCEPTIONS ~ PEP~{ITTING CONNECTIONS
BY THE DISTRICT~ DEFINING UNLAWleUL CONNECTIONS~
PRO~JLGATING THE ~ATES TO BE CHARGED FOR USE OF
MUNICIPAL SEWER SERVICES WITHIN THE COUNTY WATER-
SEWER DISTRICT, SEWER DISTRICT 'A'~ OUTLINING
M~ANS OF ENFORCING PAY}~-NT FOR SUCH SERVICE~
PROMULGATING REQUIREMENTS~ PROHIBITING FREE
SERVICE~ PROVIDING FOR REPEAL OF PREVIOUS ORDINA-
NCES, AND PROVIDING PE~ALTIES FOR VIOLATION.
BE IT ENACTED by the Board of County Con=aissioners of
Collier County, Florida, that:
SECTION 1. APPLICABILITY. This Ordinance shall apply to
the connection of improvements on land within Sewer District 'A'
of the County Water-Sewer District: to the sewer facilities of
said district. For the purpose of this Ordinance, 'improvements'
shall mean any building, trailer, or other structure for resi-
dential, commercial, or industrial use. 'District#, ~nless the
context indicates otherwise, shall mean Sewer District 'A' of
the County Water-Sewer District.
SECTION 2. CONNECTIONS WITH.SEWER REQUIRED.. The owner of
each lot or parcel of land within Sewer District 'A' of the
County Water-Sewer District, upon which lot or parcel of land
any impro~em~nt 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
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 Governing Board of said District,
which rules and regulations shall provide for a charge for ma~ng
any such connection in such reasonable amount as such
and determine. No connection or connections shall be r
where said sewer system or line is more than two hnndre~
from such improvement·
SECTION 3 EXCEPTIONS TO CONNECTIONS. This Ordinanm~ha~
not be construed to require or ent/tle any person to cro~he~
private property of another to make any such sewer conneC~.~n.~
SECTION 4. CONNECTIONS MAY BE MADE BY DISTR/CT. If ~y
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 pa£cel
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 ~ any co~trt 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 Cotmty taxes. Such lien may be
foreclosed by the District in the same __m~nner provided by the laws
of Florida for the foreclosure of mortgagee upon real estate.
SECTION 5. RATES
A. A rate schedule will be adopted by the District providing
for the following monthly user rat~s:
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1) Residential
Single family residences, multi-family
residences, apartment residences, mobile
home residences~
Each one bath living unit
Each additional bath per living unit
2) Non-residential
Each facility shall be billed based upon
the total of the following units contained
therein.
$9.50
1.30
a)
Hotel, ~otel and trailer rental units:
Each unit
Commercial, office and industrial
toilet units (not to include indus-
trial waste):
Each tuilet unit
4.65
17.00
c)
Commercial and coin laundry
washer units:
Each washer unit
8.50
d) Restaurant and Lounge seating units:
Each seating unit
$1.50
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 such services,
which monthly rate or charge may be computed upon a different basis
than set forth in the paragraph immediately preceding. Such con-
tracts shall be entered into by means of resolution duly adopted
by the Governing Board of the District.
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 rudder the direction and supervision of the
District. Any property owner or plucker who shall make any connec-
tion without such consent of the District shall, upon conv~ction
be subject to the penalties hereinafter provided.
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 District
Plumbing Inspector who will inspect said old pl,--hing and not/fy
the owner or plumber what alterations will be necessary to place
said old plumbing in an acceptable condition for such connection°
Any o~ner or plumber who shall make a~v connection w~thout the
approval of the plumbing inspector shall, upon conviction, be
subject to the penalties hereinafter provided.
SECTION 8. S~NITARY REQUIREMENTS. Every improvement in
which human beings resic~ are empi0~e~ 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, or an approved type of septic tank. A septic
tank will be used only if the improvement ks more than 200 feet
from the sewer line.
SECTION 9. DISPOSAL. REQUIREMENTS. It shall be unlawful for
any person, persons, firm or corporation owning or leasing any
premises in the District to permit the dAsposal o~ any human excre-
ment on any property, leased or rented by any such person, farm or
corporation or the agent of any such person, farm or corporatAon,
except in a sanitary water closet where sewage l~nes are avaAlable
as defined above. .-
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SECTION 10. SEPTIC TANK. No septic tank other than those
approved by the State Department of Pollution Control shall be
constructed within the District. No septi~ tank shall be con-
structed within 200 feet of the sewer line.
SECTION 11. FAILURE TO MAINTAIN PLUMBING SYSTEM. The owner
of the property shall be responsible '~or maintaining and keeping
clean the sewer pipes leading and connecting from the pl,--hing
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 manner aha11 be subject
to the penalties hereinafter provided.
SECTION 12. PAYMENT OF FEES AND BILLS REQUIRED. Bills for
the monthly charges and fees hereinbefore 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 $1o00 shall be imposed
and be added to said bill. Said penalty aha11 be compounded monthly
until sewage disposal fees are fully paid, together with said penalty.
SECTION 13. UNPAID FEES TO CONSTITUTE LIEN. In the event that
the fees, rates or charges for the services and ~acilities 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 c.harge shall not
be paid as and when due and shall bm 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 equity as for the foreclosure of a mortgage on real
property.
SECTION 14. NO FREE SERVICE. No sewage disposal service
shall be furnished or re'dared 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 15. SEPARATE CONNECTIONS FOR EACH SEPARATE UNIT.
Each residential u~it 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 will be requ/red
for each of such ~nits.
SECTION 16. PENALTIES. Violations of 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 Judicial writ.
SECTION 17. All ordinances or parts of ordinances, includ/ng
but not limited to, Ordinance 74-28, and ail sections or parts of
sections of the Code of Ordinances of the County of Collier in con-
flict herewith are hereby repealed.
SECTION 18. EFFECTIVE DATE. This Ord3unance shall become
effective February'~,'19771
PASSED AND ADOPTED,by the Board of County Commissioners of
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Collier County, Flori([a, at ~ts regular meeting he1([ thru 11_th
([ay of _~, 1977.
A T: BOARD OF COUNTY COMMISSIONERS
.... , ..- By=
~th
Th~. ordinance f~led w~=h =he Se=tatar7 of
S=a=e's 0ff~ce =he 17=h da7 of JanuarT, 1977
and acknowledsemen= of =hat ~:Ll~.ns; received
=h~s 19=h day of January. 1977.
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