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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)