Exh 7A
oRVnyAN~~xo. so-oo-6i 7A
May 22....2000
AN OEDINANCE OF THE CITY' OF ATIA~T~C BF.ACa3,. FLOI~DA,
AML"NDING C~AP7~'T;R. 22, IFrl~t7,~5, ARTICLE lal, WASTEWATIIt
SXSTEM, DIVISION 2, USE OF PUBiC SEWERS R~JtZI3JJtITD, $EC..2~79,
INSTAI.L~A.1'XON OF TOZI.E~ FAC'II~1TFS REQI3IRF~D; CONI~IEC'ITON
OF F,A.CILri'~E.S TO P~3BLXC SEWk'~it, SETTING FORS A TIME.
SC~Y3I,E Ftllt CONNECTION' TO PUBLIC SEAS, AYTT~ORTZING
TIIE Cl~'X TU OFFER k'fN'ANCY'AI• INCkTtT'NhS FOR SIICH
CONNECTIONS, pIt,UVIDING P`II~TALT~S FOR. FAIQ.I]ItE TO
CO ~' Y',-AND PItOVIDYNG AN ~'`T':~'E DATR.
VVI~~2.3CA-.S, certain &reas of the City wheace public sewers are available still have
pro~ties using sept'vc tanks (OSDS: on-site sewage disposal system); and
V(~SI~~2EAS, certain areas of the City do not yet have public sewers available; and
VVSEREAS, the City deems that the public health, safety arad welfare would be best sewed
if all properties axe connected to public sewers and that use of OSDSs is eliminated; ar-d
WI~tE,~S, certain areas of the City are currentl~r paying assessments fox 3installaticm of
public sewer lines; and
. VYJ~S, the City recognizes the costs associated. with caonverting an OSDS to public
sewer and the benefit to certaini ptapexty owners of offering financial assistance and incentives for
that purpose; and
i~VSEEKEA,S, the City is not aware of any specific health hazards or ccmditions resulting
firom existing OSDSs which are detrimental to tlxe Public health, safety aztd welfare.
NOW THEREFORE, BE 1'r E1~TACTF.~ BX TAE CITY ~0119ML5S~N ON
BEHALF OF T~ I'FAPLE OF THE Q1'Y OF A1'L..A-NTIC BEAt'H, FLORIAA,:
~~N 1. Sec. 22-74 of the Code of Ocdizxaz~.ces of the. City of Atlantic Beach, kioxid~a,
is hereby amended to read as f~oilows;
"Sec. 2-74. hnstallatioa of toileE ~ac,'~ties required, coon. of f8c31HIes tct
public sevre~r.
(a) The owners of all houses, bu~~. dings or properties used for human
occupancy, employm~t, recreation, or other purposes, and situated within the Ciry
a3re hereby required at the owner's expeztse to install setitable toil~ex facilities. therein.
tb) 3~'he owners of all properties described in (a) above shall comaect
their toilet facili~t%s bo public sewer, provided the pubkc sewer is within tripe
,, hundred (144) feet or thirty and. dive-tenths. (30.5') meters of the proiae~cty Bute, as
followsc
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'1 (1) l~'new cotastructian, then immediately.. May 22, 2000
(Z) if currently under an assessment for installation. of
public sev~rcr lutes {whether already paid off or still paying), connection
shall be xxtade within one (1) year afircr expiration of the assessment.
(Assessments in Ocean Grove expire December, 2006, on Beach
Avenue in lvlay, 2010, and in Marsh Oaks (fJkfa Section ~} in November, 2021..)
{3) If not currently under an assessment for installation
of public sewer lines, cotu:ection shall be made within fare (5) years
of the effective date of this Ordinance.
(4) If failure of an OSDS occurs, then immediately. Failure of
an OSDS is defined in Sec. ~2-9(1..(b), copy attached.
(c) Ti he owners of all properties described in (a) above where public
sewer is not currently available, but becomes available in .the future, shall connect
their toilet facilities to public sewer as follows:
(1) Within titnety (90} days after date of official notice from
the City to do so. Official notice shall he complete upon mailing said
notice to the property owner at the property address and at his or her last
known addz~ess, if any.
<~ (2} If failure of an OSDS occurs, and public sewer is available,
then immediately. Failure of an OSDS is defined in Sec. 22-90{b), copy
attached.
{d} Failure of any property owner to connect w public sewer as required
shall be unlawful and subject to alt penalties, including, but not lir~nited to, the
following;
(i.) General petaalty as provided in Sec. 1-1 i, copy attached;
(2) Prosecution before the Code Enforcement Board;
(3) Billing for appropriate services retroactive to the date
connection should have been made. The amount of any such billing
sktali be in accordance with City practice, in at lease the amount of
minimum billing for the appropriate services.
(e) 'fhe Ciry may, from time to time, offer financial assistance and
incentives to property owners to encourage a mare rapid conversion frond. an OSDS
to public sewer. Any financial assistance and incentives shall bs as sec forth in a
resolution duly adopted by the City Commission."
~A
May 22, 2000
SECTION ~. The provisions of this Ordinance are controlling. Any pat'ts of the Code of
Ordinances which az~ either incon~si~Sterit or ixa conflict with this Ordinance shall be controlled by
this Ordinance.
~~ITON 3. ~f any praviS'son of ttsis Ordinanoe or the applicatiotx thereof to any pea~i or
tarcu.oe is held iuovatid, the invalidity does not affect other provisi~ or app~tions of the
Ordinance which can be given efferct without the invalid p~viS~ or application, and to this end
the provisions of ttus Ordinance axe declared severable.
SEcT~oN a. This ordinaaoe shau take effect ima~cliaaely ,, ~ final ~ ~
adoption.
PASSED by the City Commissions on first readixtg this ~ day of ,
2000. -
PAS by the City Commission on sand and fusal ing this day of
2000,
ATTEST:
MA.UR]E1:N KING.
city Clerk
Approved as m forzs~ and conr~~t:sess:
70I3N S. MESER.VE
Mayor, 'residing Officer
ALAN C. 3'EN'SEN, ,ESQUYRE
City Atncsrney
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May 22, 2000
Sec. 22-90. Connection to public sewers; failure of system; cleaning and filling.
(a) At such tune as a public sewer becomes. available to a property served by a private
.. wastewater disposal system (onsite sewage disposal system [or OSDS]), as provided insertion
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. Such failed septic tanks, cesspools, and similar 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), 6-27-83; Ord. No. 80-94-53, § 2, 11-28-94)
_,~
Sec. 1-11. 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 declared 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 or 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
= ordinance or resolution of the city or such rule, xegulation or order shall continue shall
constitute a separate offense.
(Code 1970, § 1-6)
A~ . v
RECEIVED rl A
MqY - ~ ~QC7~ May 22, 2000
OFFICE OF THE CITY CLERK
May 1, 2000
Mayor and Commissioners,
City of Atlantic Beach,
.i
Gentlemen:
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.
~ ~ ~~ U L ~~ ~ ~L/
aim and Charlotte Minter
1632 Beach Avenue ~~~
Atlantic Beach ~~~~~~
0 Pce~s
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