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Ordinance No. 80-83-23 v /- ORDINANCE NO. 80-83-23 AN ORDINANCE REGULATING THE CITY OF ATLANTIC BEACH WASTEWATER SYSTEM BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH AS FOLLOWS: Section 1. That Chapter 19, Articles 1, 2 and 3, be deleted in its • entirety, and amended as follows: ARTICLE I Definitions Sec. 1. Biochemical oxygen demand (BOD) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20oC, expressed in milligrams per liter. Sec. 2. "Building drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls. of the building and co-vet's it to the building sewer, and shall terminate five (5) feet 1.5 meters outside the outer face of the building wall. Sec. 3. "Building sewer" shall mean the extension from the building drain to the public sewer or other place of dis- posal, and shall commence five (5) feet (1.5 meters) outside the outer wall of the building. Sec. 4 . "Combined sewer" shall mean a sewer intended to receive both wastewater and storm or surface water. Such combined sewer shall be prohibited. Sec. 5. "Easement" shall mean an acquired legal right for the specific use of land owned by others. Sec. 6. "Floatable oil" is oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A waste- water shall be _considered free of floatable fat if it is pro- perly pretreated and the wastewater does not interfere with the collection system. Sec. 7. "Carbage" shall mean the waste resulting from the handling, preparation, cooking, and serving of foods. Sec. 8. "Industrial wastes" shall mean the wastewater from industrial processes, trade, or business as distinct from domestic or sanitary wastes. Sec. 9. "City Manager" shall mean the City Manager of the City of Atlantic Beach or his authorized deputy agency, or representa- tive, such as the City Engineer, Public Works Superintendent, Superintendent of wastewater facilities, etc. 2 Sec. 9. "Natural outlet" shall mean any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface or groundwater. Sec. 10. "May" is permissive. Sec. 11. "Person" shall mean any individual, firm, company, association, society, corporation, or group. Sec. 12. "pH" shall mean the reciprocal of the logarithm of the hydrogen-ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen-ion concentration of 10-7. Sec. 13. "Properly shredded garbage" shall mean the wastes from the preparation, cooking, and dispensing of ;food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally pre- vailing in public sewers, with no particle greater than 1 inch (1.27 centimeters) in any dimension. Sec. 14. "Public sewer" shall mean a common sewer controlled by a governmental agency or public utility. Sec. 15. "Sanitary sewer" shall mean a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions together with minor quantities of ground, storm, and surface waters that are not admitted intentionally. Sec. 16. "Sewage" is the spent water of a community. The preferred term is "wastewater." Sec. 17. "Sewer" shall mean a pipe or conduit that carries wastewater or drainage water. Sec. 18. "Shall" is mandatory. Sec. 19. "Slug" shall mean any discharge of water or waste- water which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treat- ment works. Sec. 20. "Storm drain" shall mean a drain or sewer for con- veying _storm water, groundwater, subsurface water, or unpolluted water from any source. 3 Sec. 21. "Suspended solids" (SS) shall mean total suspended matter that either floats on the surface of, or is in suspen- sion in, water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as nonfilterable residue. Sec. 22. "Unpolluted water" is water of quality equal to or or better than the effluent criteria in effect or water that would not cause violation of receiving water quality stan- dards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided. Sec. 23. "Wastewater" shall mean the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and. institutions, together with any groundwater, surface water, and stormwater that may be present. Sec. 24. "Wastewater facilities" shall mean the structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent. Sec. 25. "Wastewater treatment works" shall mean an arrange- ment of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant." Sec. 26. "Watercourse" shall mean a natural or artificial channel for the passage of water either continuously or intermittently. ARTICLE II Use of Public Sewers Required Sec. 1. It shall be unlawful for any person to place, discharge, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City of Atlantic Beach or in any area under the jurisdiction of said City of Atlantic Beach, any human or animal excrement, garbage, or objectionable waste. Sec. 2. It shall be unlawful to discharge to any natural outlet within the City of Atlantic Beach, or in any area under the jurisdiction of said City of Atlantic Beach, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance, 4 Sec. 3. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater. Sec. 4. The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the City of Atlantic Beach and abutting on any street, alley, or right-of-way in which there is now located a public sanitary sewer of the City of Atlantic Beach, is hereby required at the owner(s) expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred (100) feet (30.5 meters) of the property line. ARTICLE III Private Wastewater Disposal Sec. 1. Where a public sanitary sewer is not available under the provisions of Article II, Section 4, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this article. Sec. 2. Before commencement of construction of a private wastewater disposal system, the owner(s) shall first obtain a written permit signed by the City of Jacksonville Health, Welfare, and Bioenvironmental Services Division. The applica- tion for such permit shall be made on a form furnished by the said Division, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the City of Jacksonville Health, Welfare, and Bioenvironmental Services Division. Sec. 3. A permit for private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the City of Jacksonville Health, Welfare, and Bioenvironmental Services Division and the City Manager. The City of Jacksonville Health, Welfare, and Bioenvironmental Services Division and the City Manager shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the City of Jackson- ville Health, Welfare, and Bioenvironmental Services Division when the work is ready for final inspection, and before any underground portions are covered. Sec. 4. The type, capacities, location, and layout of a private wastewater disposal system shall comply with all recommendations of the City of Jacksonville Health, Welfare, and Bioenvironmental Services Division. 5 Sec. 5. At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in Article III, Section 4 , a direct connection shall be made to the public sewer within ninety (90) days in compliance with this ordinance, and any septic tanks, cesspools, and similar private wastewater disposal facilities. shall be cleaned of sludge and filled with suitable material. Sec. 6. The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the City of Atlantic Beach. Sec. 7. No statement contained in this article shall be con- strued to interfere with any additional requirements that may be imposed by the public health and environmental authorities. ARTICLE IV Building Sewers and Connections Sec. 1. No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the City Manager. Sec. 2. There shall be two (2) classes of building sewer permits; (a) for residential and commercial service, and (b) for service to establishments producing industrial wastes. In either case, the owner(s) or his agent shall make application on a special form furnished by the City of Atlantic Beach. The permit application shall be supple- mented by any plans, specifications, or other information considered pertinent in the judgement of the City Manager. Sec. 3. All costs and expenses incidental to the installa- tion and connection of the building sewer shall be borne- by the owner(s) . The owner(s) shall indemnify the City of Atlantic Beach from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. Sec. 4. A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear build- ing through an adjoining alley, court, yard, or driveway, the front building may be extended to the rear building and the whole considered as one building sewer, but the City of Atlantic Beach does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned. • 6 Sec. S. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the City Manager, to meet all requirements of this ordinance. Sec. 6. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building • and plumbing code or other applicable rules and regulations of the City of Atlantic Beach. In the absence of code pro- visions or in amplification thereof, the materials and pro- cedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply. Sec. 7. Whenever possible, the building sewer shall be brought to the building at an elevation below the lowest floor level. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. Sec. 8. No person(s) shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of sur- face runoff or groundwater or well water, including that from water-source heat pumps to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connect-ion is approved by the City Manager for purposes of disposal of polluted surface drainage, Sec. 9. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City of Atlantic Beach, or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the City Manager before installation. Sec. 10. The applicant for the building sewer permit shall notify the City Manager when the building sewer is ready for inspection and connection to the public sewer. The connec- tion and testing shall be made under the supervision of the City Manager or his representative. Sec. 11. All excavations for building sewer installation within public right of way shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of such work shall be restored in a manner satisfactory to the City of Atlantic Beach. ARI']CLE V Use of the Public Sewers Sec. 1. No person(s) shall discharge or cause to be dis- charged any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage, cooling water, or water-to- air heat pump water to any sewer, except stormwater runoff from limited areas, which stormwater may be polluted at times, may be discharged to the sanitary sewer by permission of the City Manager. Sec. 2. Stormwater other than that exempted under Section 1, Article V, and all other unpolluted drainage shall be dis- charged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the City Manager and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the City Manager, to a storm sewer or natural outlet. Sec. 3. No person(s) shall discharge or cause to be dis- charged any of the following described waters or wastes to any public sewers: (a) Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solid, or gas. (b) Any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plant. (c) Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater works. (d) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of sewers, such as . ashes, bones, cinders, sand, mud, straw, grass clippings, shavings, metal, glass, rags, feathers, tar, plastics, wood, and unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc. , either whole or ground by garbage grinders. 8 Sec. 4. The following described substances, materials, waters, or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equip- ment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limb, public property, or constitute a nuisance. The City Manager may set limitations lower than the limitations established in the regulations below if in his opinion such more severe limitations are necessary to meet the above objectives. In forming his opinion as to the acceptability, the City Manager will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the waste- water treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant, and other pertinent factors. The limitations or restrictions on materials or character- istics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the City Manager are as follows: (a) Wastewater having a temperature higher than 150°F (65°C) and a BOD ans SS content not exceeding 200 milligrams per liter each (b) Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or a product of mineral oil origin. (c) Wastewater from industrial plants containing floatable oils, fat, or grease. (d) Any garbage that has not been properly shredded. Gar- bage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers. (e) Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the City Manager for such materials. (f) Any waters or wastes containing odor-producing sub- stances exceeding limits which may be established by the City Manager. (g) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the City Manager in compliance with applicable state or federal regulations. (h) Quantities of flow, concentrations, or both which constitute a "slug" as defined herein. 9 (i) Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treat- ment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having juris- diction over discharge to the receiving waters. (j) Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collec- tion system, or create a condition deleterious to structures and treatment processes. Sec. 5. If any waters or wastes are discharged or are pro- posed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumera- ted in Section 4 of this Article, and which in the judgement of the City Manager, may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or con- stitufe a public nuisance, the City Manager may: (a) Reject the wastes, (b) Require pretreatment to an acceptable condition for discharge to the public sewers, (c) Require control over the quantities and rates of discharge and/or, (d) Require payment to cover added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Section 10 of this Article. When considering the above alternatives , the City Manager shall give consideration to the economic impact of each alternative on the discharger. If the City Manager permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of such local orstate agency having authority in such matter, and of the City Manager. Sec. 6. Grease, oil, and sand interceptors shall be provided when, in the opinion of the City Manager, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in Section 4(c) , or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not normally be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the City Manager and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates, and means of disposal which are subject to review by the City Manager. Any removal; and hauling of the collected materials not performed by owner(s) ' personnel must be performed by currently licensed waste disposal firms. 10 Sec. 7. Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his expense. Sec. 8. When required by the City Manager, the owner of any property serviced by a building sewer into which industrial wastes are discharged and shall install a suitable structure together with sucl necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such structure, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the City Manager. The structure shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times. Representatives of the City and regulatory agencies shall be granted admission for inspection and sampling upon request. Sec. 9. The City Manager may require a user of sewer services to provide information needed to determine compli- ance with this ordinance. These requirements may include: (1) Wastewaters discharge peak rate and volume over a specified time period. (2) Chemical analyses of wastewaters. (3) Information on raw materials, processes, and products affecting wastewater volume and quality . (4) Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control. (5) A plot plan of sewers on the user's property showing sewer and pretreatment facility location. (6) Details of wastewater pretreatment facilities. (7) Details of systems to prevent and control the losses of materials through spills to the municipal sewer. Sec. 10. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Ex- amination of Water and Wastewater," published by the American Public Health Association. Sampling methods, location,::times durations, and frequencies are to be determined on an indi- vidual basis subject to approval by the City Manager. Sec. 11. No statement contained in this article shall be construed as preventing any special agreement or arrange- ment between the City of Atlantic Beach and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City of Atlantic Beach for treatment. 1 1 ARTICLE VI Sec. 1. No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which ' is part of the wastewater facilities. Any person(s) violating this provision shall be subject to immediate arrest and prose- cution. • ARTICLE VII Powers and Authority of Inspectors Sec. 1. The City Manager and other duly authorized employees of the City and regulatory agencies bearing proper credentials and identification shall ask permission_ to:enter all`propErties' at reasonable times for the purpose of inspection, observation, measurement, sampling, and testing pertinent to discharge to the community system in accordance with the provisions of this ordinance. The City shall have the right to suspend service if permission is denied. Sec. 2. The City Manager or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry must establish that the revelation to the public of the information in question might result in an advantage to its competitors. Sec. 3. While performing the necessary work on private proper- ties referred to in Article VII, Sec. 1 , above, the City Manager or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the City employees, and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury • or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Article V, Sec. 8. Sec. 4. The City Manager and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subse- quent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. 12 ARTICLE VIII Sewer User Classification Rates and Charges Sec. 1. Sewer User Classifications. There is hereby established a uniform class of sewer users as follows: (a) Class A. Single-family residential units and individually metered multi-family units connected to a City-owned sewage collection system. (b) Class B. Two-family residential units on one meter and not individually metered connected to a City-owned sewage collection system. (c) Class C. Single-family residential units within a business building. (d) Class D. Multi-family residential units on one meter and not individually metered connected to a City-owned sewage collection system. (e) Class E. Motels and hotels connected to a City-owned sewage collection system. (f) Class F. Mobile home residential units connected to a City-owned sewage collection system. (g) Class G. Commercial and business establishments connected to a City-owned sewage collection system. (h) Class H. Special users. Churches and elementary schools connected to a City-owned sewage collection system. (i) Class I. Industrial waste users subject to a surcharge. Sec 2. Sewer Rates and Charges. There is hereby established a uniform schedule of rates and charges by classes for their use or availability for use of the sewer system of the City as follows: (a) Class A Users - $24.00 per quarter (b) Class B Users - $40.00 per quarter (c) Class C Users - $24.00 per quarter (d) Class D Users - $24.00 for one unit per quarter; $19.20 per unit per quarter for next 3 units $14.40 per unit per quarter for all units over 4 13 (e) Class E Users - $24.00 per quarter for the first unit (Operator's quarters or office or both included. ) $ 4.80 per quarter for each unit with kitchen $ 2.40 per quarter for each rentable room without kitchen (f) Class F Users - $24.00 per quarter for the first unit . (Operator's quarters or office or both included) $14.40 per quarter for each additional unit (trailer space) (g) Class G Users - For each area of a building served by one meter, a basic charge of $12.00 per quarter, plus additional charges related to metered water usage as follows: Add 200% of water charges to the basic charge of sewer services. (h) Class H Users - Churches $24.00 per quarter Elementary schools - $192.00 per quarter Sec. 3. Customers Outside City. The rates applicable to customers outside the City shall be one and one-half (11 ) times the above rates. Sec. 4. Connection Fees. Charges for providing and approving connections to the sewer system with installation performed by the City are as follows and shall be in addition to impact fees. Units with 3/4" water meter $500.00 Units with 1" water meter or larger Cost of materials plus hourly rate times a factor of 2.5 , but not less than $500.00 Sec. 5. Impact Fees. The fee for providing facilities for new connections and capacity increases for growth shall be as follows: Residences $1 ,035.00 per unit Commercial Office Buildings $40.00 per 100 sq. ft. Groceries 20.00 per 100 sq. ft. Retail Shops 1,260.00 per restroom Theatres 16.00 per seat Restaurants 160.00 per seat Service Stations 3,150.00 per restroom Car W sh_. 3150.°00 per stall Beauty Shops/Barber Shops- 630.00 per chair . Laundromats 7911„0_0_ per machine.. Hotels/Motels 475.00 per restroom Sec. 6. Payment of Connection Fees and Impact Fees. Payment of connection fees shall be due and payable prior to the issuance of a building permit. For existing buildings or struc- tures, the City Manager may allow payment of fees on an extended payment plan for up to five years in the event that the owner has demonstrated to the satisfaction of the City Manager that the lump sum payment will constitute a hardship to the applicant. A lien for the amount due shall be executed in recordable form reflecting the payment schedule. Upon all payments being made in full, the lien shall be release of record. 15 Sec. 7. Disposition of Impact Fees. All revenues collected by the City through sewer impact fees shall be held in a special account to be known as the Wastewater System Capital Improvement Account. The money deposited and held in said account and all interests accrued thereto shall be used only for the improvement, expansion, and/or replace- ment of the wastewater collection, treatment, and disposal system of the City. Sec. 8. Billing. The sewer charges prescribed by this article shall be on the same bill for the City water charges and garbage collection charges, but each charge shall be shown as a separate item on the bill. No user so charged for water, sewer, and garbage services may pay either of the charges without simultaneously paying the charges for the other. Bills for sewer charges where water and/or garbage service is furnished other than through the City shall be computed as provided in Section 2 of this chapter and rendered at the same time as City water bills. Sec. 9. If any bill for monthly sewer, water or garbage service shall remain due and unpaid on and after the 30th day from the billing date, dated on the bill, a penalty of $5.00 shall be imposed and added to the bill. The City shall mail at that time a delinquent notice to the user stating that if the bill remains unpaid for a period of 10 additional days , then the City shall discon- tinue the service. If the bill remains unpaid for a period of 10 additional days, then all services shall be discontinued and shall not be reconnected until all past due charges have been fully paid together with a turn-off and turn-on charge of $10.00. If, after dis- continuation of services, the bill remains unpaid for an additional 30 days, the City shall acquire a lien on the property being serviced which may be foreclosed within 30 days by the City unless the bill and the penalties thereon are paid and the lien satisfied. Sec. 10. Review and Changes of Rates. The uniform rates and charges established by this chapter shall be reviewed annually, or as directed by the City Commission, and any change of rates and charges shall be established by resolution of the City Commission after due public notifi- cation. Any rates and charges established as provided herein shall be binding with the same force and effect as if incorporated in this section. Sec. 11. Sewer Charges Applicable if Sewer Available. The rates and charges established by this chapter shall apply to all users whether owner, tenant, or occupier of the City water and sanitary sewer systems, or either of them, where City sewer is available for use, whether or not the connection has been made to the sewer. These charges shall not apply to any non-connected user, until 90 days after the sewer becomes available. Where notice of availability of sewer has heretofore been given to 16 owner, tenant , or occupier, the provisions of this section shall be applicable within 90 days from the date of the notice, and the City may commence billing procedures upon the expiration date of the notice. ARTICLE IX Sewer System Extensions Sec. 1. Purpose. This subchapter establishes procedures to facilitate the orderly expansion of the City's sewage and drainage systems and provides alternatives for funding of the expansion by those benefiting thereby. Sec. 2. Construction of Extension Projects. (A) A city sewerage or drainage system extension. project may be constructed by the City or by one or more property owners, in accordance with plans prepared by or approved by the City. The City may construct an exten- sion to its sewerage or drainage system at the sole expense of one or more property owners or in whole or in part at City expense. (1) If the project is to be constructed at the sole expense of one or more property owners benefiting from the project, the City Engineer shall prepare or approve a plan describing the scope and purpose of the proposed extension and the estimated cost thereof. Before any expenses are incurred or obligated by the City, the property owners agreeing to bear the expense of the project shall pay over to the City the total estimated cost of the project and shall agree in writing to pay on demand any additional expenses actually incurred by the City in constructing the extension. The funds paid to the City shall be deposited in a special extension project trust account in the sewer or drainage enterprise fund, from which all expenses of the project shall be paid without further appropriation. After completion of the project, any remaining funds in excess of those required to be expended for construction thereof may be refunded to the contributing property owners in propor- tion to their contribution to the project. (2) If the City determines that a sewerage or drainage system extension project is to be constructed by the City in whole or in part at City expense, the City Manager shall submit to the City Commission for approval by resolution a description of the scope and purpose of the proposed extensions, the estimated cost thereof, and an analysis of project feasibility, including the basis upon which construction with City funds is recommended. Upon approval by the City Commission, the City Manager shall proceed with the project only after the funds, if any, to be contributed by one or more property owners benefiting from the project have been paid to the City. Contributions by property owners shall be subject to the provisions of division (A) (1) above. 17 (B) The City may authorize a City sewerage or drainage system extension project to be constructed by one or more property owners benefiting from the project. A property owner requesting an extension shall apply in writing to the City, describing in detail the scope and purpose of the proposed extension and an analysis of the project feasibility, including an estimate of projected operation and maintenance cost and project revenue related to the project. The applicant shall also file, before final authorization to commence the project is given by the City,detailed project - plans and specifications. The City shall, within 60 days from the filing of the detailed project plans and specifi- cations, either approve or deny final authorization of the project; however, the time limitation may be extended by mutual written agreement of the City and the property owner. The City may deny an application if the project fails to comply with a requirement of this chapter or authorized City regulations, or the project will result in an economic operating loss to the City. Sec. 3. Sewer Service Without Water Service. A sewerage system extension project to extend sewer service to any area not served, and not to be concurrently served, by the City's water system, may be initiated only after approval by the City Commission. Sec. 4. Design Standards. All plans and specifications relating to sewerage or drainage system extension projects shall comply with established City standards and shall be prepared by a professional ,engineer registered in the State of Florida. With respect to projects not designed and con- structed by the City, the property owner authorized to undertake the project shall file with the City a reprodu- cible set of plans showing the completed work, as built. The City Engineer or his designated representative shall make periodic inspections and a final inspection certifying that the work as constructed complies with established City standards, and shall submit a final project approval report to the City. Sec. 5. Construction Standards. All extensions of the City's sewerage or drainage systems shall comply with the following standards. (1) All sanitary sewers, sewerage pumping stations, and related appurtenances or drainage structures installed or constructed under this chapter are to be conveyed to the City and shall be located only in a public right-of-way, on City-owned property, or in easements acceptable to the City. Where the property is under development, sewerage, or drainage system extensions shall not be installed until the finished grades of the rights-of-way or easements have been established and approved by the City Engineer, and the rights-of-way or easements have been constructed to at least design subgrade. 18 (B) All installations shall be made in a manner and of those materials that are in accordance with standards and requirements established by the City, and all plans, specifications, promises, or construction sites shall be subject to inspection and approval by the City Engineer or his designee at any time during or after completion of construction prior to acceptance by the City. No installa- tion or construction by a property owner shall be accepted by the City as finally approved until there is delivered to the City an affidavit which adequately protects the City's interests against mechanics liens or other liens which might be asserted against the property under applicable law, the form and conditions of the affidavit to be approved by the City Attorney. (C) Every building sewer shall terminate at the owner's property line and shall be installed and connected to the building plumbing by the property owner at his expense. (D) Actual interconnection of the extension with the existing City sewerage system shall be prevented by omitting a connecting section or by placing a temporary bulkhead in the connecting lines until the extension project has been fully inspected and approved and all other conditions for extension of service have been met. (E) All portions of a sewerage system extension project located in a public right-of-way, City-owned property, or a public easement, shall upon installation, become the property of the City, and the filing of an application for approval of construction of a project by a property owner shall be deemed to be consent to the transfer of ownership. The property owner shall execute and deliver to the City deeds or other evidences of ownership that the City may require. No installation on construction by a property owner made pursuant to this chapter shall be accepted by the City as finally approved until there is delivered to the City an affidavit which adequately protects the City's interests against mechanics liens or other liens which might be asserted against the property under applicable law. The forward conditions of the affidavit must be approved by the City Attorney. Section 2. All Charter provisions, ordinances, or parts of ordinances in conflict herewith are hereby repealed. Section 3. This ordinance shall become effective on July 1, 1983. * * * * * * * * * * * * * * * * * * * * * * * * * * * Passed by the City Commission on First Reading Mpy 9, 1983 . Passed by the City Commission on Second Reading May 23 , 1983 19 Passed by the City Commission on Third and Final Reading June 27, 1983 ATTEST: (SEAL) Adelaide R. Tucker, City Clerk