Exh 7A_~
,~
~N c. ~
,~~- g~•
93S Netth 2Y~rl 91r~et
"'"1 roc ot~. z~ sa~r
Jaeksomi>!e ]Beach, k7brid~t 3~44~04'7
Te3e~oae p04) ?Ab-7SOo
DATE:
TO:
COMI'Ai~Y:
FAX NIJ1VlBER:
Ni;)1v1BER OF PAGES:
FR02Vt-
CLIpNT/MATCF.1t NO_:
F~ ~~~~
7A
May 8, 2000
Fst:aimile poi) Z46-996A
April28, 2000 Tie:
Tames It. H2tuson, Citty r~
City of Atlantic Beach
(40a) 2a7 SsOs
1(includi~ag cover sheet)
ALAN C. JENSP1a', FSQ•, City ~Y
Ordinance No. &}-00.6i
Cc»smection tD public sewe~cs
SAGE
.. run:.
I have reviewed ~ abov~refercnced ordinance and Secs. 22-171 and ?.2-17s of f}~e Atlantic Beach
Code. 7n my opirnozz, I do swt think we need m e~minate or amend either. of these sections. There
may be certain instaszces where 22.1'12 artd 22.175 apply. In the event they az+e in conflict vvtt}t the
new ordinance, the provisions of the new aedinancn ws11 control, as set forth is Section 2 of the
stew ordinance.
In rtrgarci to the matter brcwght up by Cammissiosteat' V~Tateacs sad includastg a refit to cmtstect
to public sewer if the property is sold ("due on sale" clasase), I plan do sEx+ongly z+~ do the
Comtttission that such a px~ovislon ;not be istcluded. I have been unable s+o far m locale any Florisia
case law on this issue, but it appears that this would clearly deny equal P ~ thosc
who sell their homes as ttpposed to those peop38 in the same class os c~gory who choose not to
se11 their homes. Therefore, for eaampk, all prapesties in Ocean Gave will have m be ca~csed
to public sewer by Deoembeac, ~, m8~ess of owsaxtltip ctf the Pte. Z do not think it
wotsbd be advisable or legal to treat the property owners unequally.
~f you wssh m dts+cuss t'be above issues further, please c~31.
A1aa
1~e iafoxmadoa contained is this fscsimiZe zoessago ~ atzoraey privileged awd canSdeftoal hf'arnaaaian iau~aded Daly
for the tree of the inedividnal or eusicy named abQVa i'f the t~oadet of tbwa ~taessago is asc tLe inte~ed zecigient, or the
employees ~ ag~c reale to delivas ~e oa the ia~ded ~, yar aa+e y noti$ed that s+ay m=.e~i~.
d'~'bntion or copying of this comm»cxtioa is strictly prois~3ited. If yen have received ttia commnnicatioa itt
crror, plcaae iiamadiately notify n: by relephoa~e and rbttttn the to lts at the above address via U.S_
Postal Sessice. ~hanl[ yon.
o~DnvANCENO: so-oo-6~ 7A
May 8, 2000
AN ORDINANCE 4F TSE CI'lt i'' OF A1Z.~'~~C BF.~CS, FLORIDA,
At1~tDIlYG CI~APT~tt 2Z, iFI~~ITFS, ARTICLE III, WAb"i~jWAg~
SXSTFI~+I, DIVISION Z, IISE OF PUBiC SEWERS REQI~tr,D, SEC. Z2 74,
IlVSrALLA.TION OF TOX£E~ FA('ITd'I~.S REQI}IRID; CONN~CITON
OF FA.C~~ TO PUBLIC SEWE~t, .SETTING FOR3rB . A T'Z11I~
SCHF~DCI.E FOR CONNECTION TO PUBLIC SEWIHRS, A_ ~t`tSORTLING
~ C)<Tx' TO OFP~t FIN.ANCI'AL INCk~lTTVFS FOR SIICS
CONNECZTONS, PIi,OVIDING PErT,A,I.TIE.S FOR F.d~LiJRE TO
coN~r, AND Pitovlmnv~ ~lv ~ ~,~extvl~ DATE.
WHIF~tFAS, certain areas of the City whexe public sewers are available ~ have
Prop~~ ustn~g ~Pdc tanks (OSAS: on-site sewage disposal system}; and
WSEREAS, certain areas o~ the City do not yet have public sewc7s available; and
WSF..R.E,AS, the City deems that the public health, safety and arelfare wcnild be best sewed
if all. properties are crnu~cted to public sewers and that use of OSDSs is eliminated; and
VV)E~tE~-S, certain areas of the City aze currentl~r Paying assessments for xnsiallation of
public sewer lines; and
y~S, the City ~ the costs assoaated with converting an 05DS to public
sewer and the benefit to certain Ft'oP~Y owners of offerissg fiaaancial assistance and incentives for
that purpose; and
i'V1~7~IiEA.S, tlxB ~'ity IS not aware O~ any Speclf C health ha~S or C~t3n.4 r~ti~lg
ixom existing OSDSS which are detrimental m the public health, safety amt welfare.
NOi~V TIiI~RE, BE Tl FNAC,'ZT3~ BX ~E CPI'Y COZSSxON ON
$EHALF OF 1~E PEOPLE O1F' THE CiZ"Y OF ATt,A,NT.[C RFA~, FLORIDA,:
SE~QN i. Sec. 22 74 of the Code of Ordinances of the Crty of Attantic Beach Ploxida,
is hereby am~ded to ~d as foIlows:
"Sec. 22-74. Inststllation of t fa~rties required; cow of #ac to
psebhe sewer.
(a} The owners of all houses, b~u~dings or properties used far human
occ~ncy, employment, motion, or other purposes, aad situated within the City
are hereby required at the owner's to install suitable tv~et ides tin.
(b} ~ the owners of alt properties descabed in (a) above shall rt
their toilet facilities i4 public sewer, provided the pubT~ic sewer is vvltiiin ~
htuxdred (IU01 f~cxt or thirty and dive-tenths (30.5) mexers of ti3e property lice, as
follows:
7A
{1) If new construction, then imrnediate2y. May $, 20(J~
(2) If currently under an assessment for installation of
public sewer dines (whether already paid off or still payu>g}, connection
shall be made within one (1) year after expiration of the assessment
. {Assessmexats in Oceans Grave expue December, 2flQti, on Beach
,A,venue in May, 2010, and in Marsh Oaks (flk/a Section ~ in November, 2011,.)
. (3) If not currently under an assessment for installation
of public sewer lines, connection shall'l~e trade within five (.~ Years
of the eficctive date of this Ordinance.
(4) If failure of an OSDS occurs, then immediately. Failure of
an OSDS is defined in Sec. 22-90-(b), copy attached.
(c) The owners of all properties described in (a) above where public
sewer is ,not currently available, buc becomes available iii the future, shall connect
their toilet facilities to public sewer as follows:
(1) VV'~thin ninety (90) days after date of official notice from
the City to do so. O#~icial notice shall be complete upon mailing said
notice ifl the property owner at the property address and at his or her Iast
known address, if any.
t} (2) If failure of an OSDS ocxurs, and public sewer is available
then immediately. Failure of an OSDS is defined in Sec. 22-9(}{b), capy
attached.
(d) Failure of any property owner to connect to public sewer as required
shall be unlawful and subject to ail penalties, including, but not limited to, the
following:
(1) General penalty as provided in Sec. 1-11, copy attached;
(~) Prosecution before the Code Enforcement Board;
(3) Biding fox appropriate services retroactive to the date
connection should have been made. `£he amount of any such 6illin~g
shall be in accordance with City practice, in at Least the amount of
minimum billing for the appropriate services.
(e) The City may, from time to time, offer finarxeial assistance and
incentives to property owners to encourage a more rapid conversion from as OSDS
to public sewer. Any financial "assistance ar~c3 incxntives shall be as set forthvk a
resolution duly adopted by the City Co~ion. "
7A
day s, Zooo
~~Q~?. 3'he ~~ of ~ ~ are c~tmuixig. ~ . of ~ code of
o~ii~ces which ara either incvs~tsisoont or in conflict with this C~na~ shall be cc#ntc~led by
this Oxt3inaace.
'ITON 3. If aay ~avision of this C~ or Lhe application #he~cof to auy pca~ or
t~cutn~tance is held invalid, the ~vatidity daeg not .affect otiaex pravisto~s or Pis asf the
C~ which caa be gtvrn cffpct withvttt the invalid provision yr application, aad to this eud
the po~nvisions of this Ordinance are declared severable:
SECTION 4. bus Ordinance shad take effect immediately upon its final passage and
adopticm.
PASSED by the Cary Commission an first reading this ~y ~
2000.
P~~y ~ ~Y Commission can secx~nd and final reading thzs day of
A3TE.ST';
MAC KING
City Glexk
Approved as m forms azid canectuess:
ALAN C. 3~ENSEN, ~SQ~73RB
City Atnomey
IOI~T S. MBSERVE
l~tayac, ~'residscctg Qffiees
RECEIVED
MA r - 1 ~~o
OFFICE OF THE CITY CLERK
Mayor and Commissioners,
City of Atlantic Beach,
Gentlemen:
7A
May 8, 2000
May 1, 2000
This is to register a vigorous protest against any proposals to require sewer hookups prior
to, or congruent with, a house sale in Atlantic Beach. This would be a great infringement
on the ability to sell and would Levy burdensome and unreasonable requirements upon the
seller.
For example:
Our house, with a buildable side lot is currently for sale, It is operating satisfactorily on
. septic. We could sell the house and keep the lot, or sell the lot and keep the house, or sell,
. or keep, both. And that is the problem. If we keep the house, we will have to expand it,
adding an attached granny flat, and would then need to split our sewer line, running down
each side of the house. A buyer who plans to expand the house in other ways could easily
have different sewer requirements. A buyer who plans to demolish the house and build
one unit upon both of our lots would have different requirements. A buyer who plans to
build two units on each lot (permitted by the zoning} would have entirely different
requirements. In short we won't know what type of sewer lines to install until the future
owner/s determine their building needs. And a buyer may not know what they will
eventually do with a particular piece of property at the time of sale.
We support the transition to sewer. We sympathize with your desire to move this
important project as expeditiously as possible. If you want to mandate a required hookup
time prior to issuance of any new building permits, or building alteration permits that
might be reasonable. But please don't straightjacket Atlantic Beach home sellers with
expensive solutions to unknown needs.
Thank you for considering this point of view.
Jirn and Charlotte Minter ~ Tp;
1632 Beach Avenue ~C~cy ~
Atlantic Beach - - ~ ~
0 P~tea
F3'PhEa
D
r~...~""~T e a"
7A
May 8, 2000
Sec. 22-90. Connection to public sewers; failurre of system; cleaning and filling
(a) At such time as a public sewer becomes available to 'a property served by a private
wastewater disposal system (onsite sewage disposal system [or OSDS]), as provided in.section .
22-89, or when a failure of such OSDS occurs, the property owner shall be notified by the city
that a direct connection shall be made to .the public sewer within ninety (90) days in . .
compliance with this article. Sucli failed septic tanks, cesspools, and simzlar private waste-
water disposal. facilities shall be cleaned of sludge and filled with suitable material. The
requirement to hook up to the city's sewer system will not be required of property owners who
began paying an assessment for sewer lines before February 1, 1995, unless their OSDS fails.
Property already served by the city sewer system shall remain on the city sewer system.
(b) "Failure" is defined as a condition existing within an OSDS which prohibits the system
from functioning in a sanitary manner. Failure may result in the discharge. of untreated or
partially treated wastewater onto ground surface, into surface water, or into groundwater.
Failure may cause building plumbing to discharge improperly.
(Ord. No. 80-83-23, § I(Art. III, § 5), 6-2?-83; Ord. No. 80-9453, § 2, I1-28-94)
~~ ,
Sec. 1-1I. General penalty; continuing violations.
(a) Whenever in this Code or in any ordinance or resolution of the city or in any rule,
regulation or order promulgated by any officer or agency of the city under authority duly
vested in him or if any act is prohibited or is made or declazed to be unlawful or an offense or
a misdemeanor, or the doing of any act is required or the failure to do any act is declared to
' ~ ~ be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor,.the
violation of any such provision of this Code or any other ordinance ar resolution of the city or
such rule, regulation or order shall be punished by a fine not exceeding five hundred dollars
($500.00), or imprisonment for a term not exceeding sixty (60) days, or by both fine and
. imprisonment.
(b) ~ Except where otherwise provided, every day any violation of the Code or any other
z ordinance or resolution of the city or such rule, regulation or order shall continue shall
constitute a separate offense.
(Code 1970, § I-6)