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Home My WebLink AboutO-1967-503 ton AJUJ i�l • Otl3Ml AdOJ v Otl3M I i ORDINANCE NO. 503 i 1 AN ORDINANCE CONCERNING THE SANITARY SEWER SYSTEM OF THE CITY OF DANIA, FLORIDA, BY PROVIDING DEFINITIODE AND GENERAL TERMS; BY MAKING PROVISIONS FOR THE BILLING OF AC- COUNTS, PAYMENTS, AND GIVING THE CITY CER- TAIN RIGHTS TO DISCONTINUE WATER AND SEWER SERVICES IN THE EVENT OF CERTAIN NON-PAY- MENTS; AND CONCERNING INITIAL CONNECTIONS TO THE-SYSTEM AND THE ISSUANCE OF PERMITS; AND PROVIDING THAT THE APPLICATION FOR A I PERMIT SHALL CONSTITUTE A BINDING CONTRACT; AND PROVIDING FOR THE CANCELLATION OF CON- TRACTS FOR SANITARY SEWER SERVICE; AND CON- CERNING DELINQUENT SANITARY SEWER SERVICE j CHARGE ACCOUNTS; AND CONCERNING AUTHORITY OF CITY MANAGER TO NOTIFY DELINQUENT OWN- ERS OR OCCUPANTS OF RIGHTS OF CITY; AND PRO- VIDING FOR THE RIGHT OF THE CITY COMMISSION TO DETERMINE, BY RESOLUTION, THE AMOUNTS TO BE PAID BY OWNERS OR OCCUPANTS AS A CON- NECTION CHARGE WHEN PROPERTIES ARE LATER I CONNECTED TO THE SANITARY SEWER SYSTEM WHICH ARE NOT INITIALLY SUBJECT TO SPECIAL ASSESSMENT; AND PROVIDING THAT ALL ORDIN-ANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING THAT BY UNAN- IMOUS CONSENT OF ALL COMMISSIONERS PRESENT FOR THE INTRODUCTION OF THE ORDINANCE AND THE.READING OF THE ORDINANCE ON FIRST READ- ING AND SECOND READING AT THE MEETING OF i THE CITY COMMISSION HELD ON FEBRUARY 6, 1967; AND PROVIDING FOR AN EFFECTIVE DATE. - BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: j Section 1. - Definitions: With respect to the furnishing of sanitary I I sewer services by the city, the following words, terms or phrases are defined , j for the purposes of this ordinance, as follows: ! (a) "City", as used herein, shall refer to City of Dania, Florida, a Florida municipal corporation, its officers, its agents and any separate de- j partment which may be created by the city at any future date to manage, super- I ( C Py I VNJMI i Otl3Xf 3X a.103 w Otl I vise and control the sanitary sewer facilities of the city. i (b) "Owner", as used herein, shall mean the person, firm, cor- poration, association or entity; occupant or tenant having an interest, whether 1 legal, equitable or possessory, sole or only partial, in any premises which ' j are, or are about to be, supplied with sanitary sewer services of the city and the word "owner" means all who are interested. I j (c) "User", as used herein, shall mean an art I Y party, person, firm, } corporation, association or entity using the sanitary sewer system of the city. j (d) -"Territory", as used herein, shall mean the territory ser- viced by the sanitary sewer system of the city. i Section 2. - General: (a) Responsibility of owners for damages - Each and every owner will be held fully responsible and liable by and to the city for all that is done or omitted on, or about any premises by any agent or tenant or other persons not in the employ of the city, who do acts on said premises which cause damage to the sanitary sewer system of the city. I (b) Tenant considered owner - The tenant in or upon any premises of any owner, shall at all times and for all purposes connected with or arising from the city's furnishing sanitary sewer services to and for such premises, ! except the making of the original application for a permit to connect the prem- ises to the sanitary sewer system of the city, be taken and construed to be the ; properly constituted agent of the owner. I (c) Service of notice - Any notices, as prescribed herein, shall be deemed to have been properly served if left upon the premises of the owner t, or if mailed to the owner, directly to, or left at his address as shown on the records of the city. All notices of a general character, affecting or likely to iaffect more than one owner if required by this ordinance or any other ordinance to be given, shall be deemed to have been properly given or served if adver- _2 � I i i r ` J^II� • ryOb3X� �•� Ob3X i tised at least once in any newspaper of general publication which is qualified j. I as a legal publication under the laws of the State of Florida. (d) Initial rates and amendments to rates - The initial schedule of rates to be charged and collected from the users of the municipal sanitary sewer system of the City of Dania, Florida, is set forth in Resolution No. 1724 adopted by the city on May 16, 1966, and such schedule is made a part of this ordinance by reference. Each and every addition or modification, alteration or amendment to and of any of the rates of the city for sanitary sewer services jshall become binding upon, and form a part of the contract with each and every owner, upon the expiration of thirty days notice thereof, unless and except that by the ordinance or resolution providing for such addition, modification, alter- ation. or amendment, some other provision for notice is given. j (e) Rates part of contract - All of the rates concerning the furn- ishing of sanitary sewer services which are in effect at the time shall be con- 4 sidered and taken to be a part of the contract which shall automatically be deemed to exist with every owner or consumer who shall make application for 1 the furnishing of sanitary sewer services by the city or whose premises are 1 furnished with, or are connected to the system of the city for such service, and every such owner shall be considered as having, and be taken and construed to have expressed his consent to be bound thereby whenever application for such sanitary sewer service is made, or so long as the premises of any such owner are furnished with, or are connected to the system of the city for such service. � i _Section 3. - Billing of accounts; payments; rights to discontinue water and sewer services in the event of certain non-payments: , (a) With respect to the monthly rates or charges which the city is authorized to make by Resolution No. 1724, or any amendments thereof, the i city shall have the right to add the monthly charges for sanitary sewer ser- vices to the monthly water bills which are rendered by the city to the users of E -3 ! � Otl3N I 1. water service at the same premises. More particularly, the city is authorized to add the monthly charge for sanitar y sewer services to any premises to the i monthly water bill submitted to the user of water service at such premises and f this right shall exist even though the applicant for the initial sanitary sewer i j services or for the initial permit to connect to the sanitary sewer system, may be different from the person who is billed monthly for water services extended to said premises. (b) The aforesaid provisions in sub paragraph (a) concerning the inclusion of sanitary sewer service charges in the monthly water bill submitted for water service to an i y premises shall be optional on the part of the city and athe city shall always have the right to render separate bills to separate persons if any conditions exist which warrant separate bills. (c) Payment of all bills and accounts concerning monthly sanitary i sewer service charges, whether or not included on the monthly water bill for f ' I services to an j y premises, shall be made at the office of the City Clerk-Auditor at the City Hall, Dania, Florida. (d) If the amount charged by the city for sanitary sewer services I shall not be paid within thirty days from the rendition of any bill for such ser- vices and without regard as to whether the bill is included on the bill rendered for water supplied to the premises, the city shall discontinue supplying water I to such premises and shall disconnect the same from the water works system of the municipality. (e) That if any rates, fees or charges for the services and facili- ties furnished by the sanitary sewer system of the city or any installment of I special assessments levied on account of the construction of said sanitary r sewer system, shall not be paid within thirty days after the same shall be due and payable, the municipality may at the expiration of such thirty day period j ! I disconnect the premises from the sanitar y sewer system, and the city may pro- i � j -4- I �._.._<._..__._.. .... 1� c aOJ ♦JOO� j teed to recover the amount of any such delinquent rates, fees or charges or it installments of special assessments, with interest, in the action of assumpsit, (f) That if any installment of special assessments levied on account of the construction of the sanitary sewer system of the city shall not be paid within thirty days after the same shall become due and payable, the city, at the j Jexpiration of such thirty day period, shall discontinue supplying water.to such I premises and shall disconnect the same from the water works system of the city. (g) The monthly sanitary sewer system service charges provided by Resolution No. 1724, or any amendments thereto, 'shall be charged continu- ously to the owners of any premises even though the owners or occupants of said premises may have discontinued the use of municipal water services. ' More particularly, the monthly sanitary sewer service charges shall continue I I to accrue even though the owner or occupant of the premises may request the discontinuance of water service. Section 4. - Initial connections to sanitary sewer system; permits: (a) Where made - All applications for initial sanitary sewer ser- vices shall be made at the office of the City Clerk-Auditor of the city on any i blanks or forms which may be prepared by the City Clerk-Auditor for such pur- pose. The said application shall be one asking for a permit to connect to the said sanitary sewer system, with the said permit being the subject of Section 4, Ordinance No. 494 of the City of Dania, Florida, adopted on final reading on July 5, 1966. I! (b) By whom made - The owner or owners of the premises pro- posed to be connected for sanitary sewer services, or his or their agent, there- unto duly authorized in writing, must sign the application for said sanitary sewer II services, except as may be hereinafter provided. (c) Binding contract - The application for a permit to connect to � II the sanitary sewer system of the city shall be deemed to be and shall become , I i � I • �� Otl3X Ai1i 1 ff OH.Ix P f j i a binding contract upon both the owner and the city when the installation per- mitting such connection to the sanitary sewer system has been installed and 1 completed. By such contract, the owner shall be deemed to have agreed for i ! himself, his successors and assigns, that his property premises shall 11 or I always be subject to the lien provided in Section 7 herein. i (d) Termination of liability of sanitary sewer service contract - All contracts for sanitary sewer service charges, which are created auto 1 matically by the provisions of sub paragraph (c), shall continue indefinitely and the owners of the premises served under the terms of such contracts shall continue to be liable for the payment of the monthly service charges even though the premises may be vacated and even though the water service to such prem- ises may be discontinued. However, the contract, insofar as it obligates the owner to pay the monthly service charges, shall be deemed terminated if all of the improvements on the premises are destroyed, demolished or razed. (e) Change of owner or occupancy - In the event of any change in i j ownership or occupancy of any premises connected to the sanitary sewer sys- tem the city shall be immediately notified in writing of such change, givingin � such notice the name and address of the new owner or occupant. In the absence of such application by such new owner or occupant, the use of the sanitary sewer a service may, at the option of the city, be taken and construed to be an acceptance j by such new owner or occupant of all of the contract obligations of the preceeding owner with and to the city. In the event any owner fails to notify the city, in writing, of a change in ownership or occupancy of any premises for water supply i service, such owner shall continue to be liable to the city for all rates and charges accrued and accruing for sanitary sewer services but this clause shall not preclude the city from also demanding from the new owner or occupant the payment of all and any charges and rates which shall, at the time of such de- mand, be unpaid or unsecured, without regard to whether the same accrued prior or subsequent to such change of ownership or occupancy, and upon failure l -6- I L� c x � I UIIJX 063X AJOJ• I I I' L' of such new owner to comply with such demand within twenty-four hours after written notice thereof, the city shall have both the right to disconnect the I I premises from the sanitary sewer system and to discontinue supplying water I i to such premises from the municipal water system. (f) When charges commence - When application is made to con- V nett to the sanitary sewer system of the city, the monthly sanitary sewer ser- vice charges shall be made on the date in the following month that a statement 1 i j is customarily sent to the premises for water services and shall then be made i monthly thereafter at the same time as water bills are submitted if the prem- ises are also se'rved by water. However, if water service is discontinued to I the premises at the request of the owner, a monthly bill shall still be sent for the amount of the monthly sanitary sewer service charge. j I I Section 5. - Contracts for sanitary sewer services - cancellation: All contracts for sanitary sewer services shall be subject to cancellation by the ' city because of any of the following reasons: (a) For misrepresentations or concealment in the application as I to the premises or fixtures to be furnished with sanitary sewer services. Ij (b) For waste or excessive use of the water facilities of the city i through improper or imperfect pipes, fixtures or appliances, or in any other !!!! manner. � (c) For refusal or neglect to comply with any requirements of the city as to service, connection, maintenance or alterations or other re- quirements relating to the sanitary sewer facilities or the water supply facili- ties of the city. (d) For the use of the water supply services of the city for the benefit of any other premises or purposes than that stated in the application I � for water supply service. f (e) For any interference or tampering with the meter measuring I I 1� y I 1 ' AJUJ Ob3N� JOB y Otl3M _ tlf I 'the water supply or with seals of any meter or with any meter box or vault or i 1 ' with service pipes, or valves, or any seals thereon, or with any appliance of I i the water department of the city which was or is required by the city for con- 1 s J; trolling or regulating the water supply services. (f) Where there has been a change in the ownership of the prem- ises but no application from the new owner or owners has been made and approved by the city. � 1 (g) Where the owner or consumer refuses or neglects payment of j any bill, account or charge, by whomsoever incurred, for or on account of the ++ premises where, either sanitary sewer services or water services are furnished. 1 i i (h) Where the city has been or is being defrauded in any way in connection with the furnishing of sanitary sewer services or water services to I •: the premises. i Section 6. - Delinquent accounts: All bills and accounts rendered and charges made for sanitary sewer service shall be deemed delinquent for the pur- poses of this section if same are in arrears for more than thirty days. All delinquent sanitary sewer service accounts may cause the service of water to the premises . served by the sanitary sewers to be discontinued and the water supply to be shut off, immediately after such accounts for sanitary sewer service become delinquent or as soon thereafter as is practicable, with- out notice, and service through the sanitary sewer service lines will not be resumed and the water turned on to such premises untilthe amount of the de- linquent account and the sum of $5. 00 for turning on the supply of water to each such premises so shut off has been paid. When an owner or user vacates or sells property leaving a delinquent I sanitary sewer service charge bill against the said property which is vacated or sold, the city may, at its option, refuse service of water or sewer facili- ties to the said property or to any other property the same owner or user may f { -8 1 I c N OMJj A.IGJ' I AIOJ A 11 'ry O1b✓!x OH Ix iJ (IL be using or intend to use in the future until the date the original delinquent account is paid, regardless of whether the other accounts of the owner or user (, i are in good standing or not. ? 1 f {j Section 7. - Liens of delinquent sanitary sewer service charge f 1 accounts: Amounts due the city for sanitary sewer service charges, which are j more than thirty days past due, shall constitute liens against the premises which were served by the municipal sewer system and which gave rise'.to said' sanitary sewer service charges. The lien against such premises in each case shall become effective and binding as such lien from the date upon which the account became in arrears. The City Clerk-Auditor be and she is hereby I authorized and directed to record a "notice of lien", in the Public Records of i Broward County, Florida, showing the amount of each such lien, the legal des- . ' cription of the premises against which the lien is claimed, the effective date i and any other material information concerning the lien. Said "notice of lien" j may also show that the city claims, or will claim, a continuing lien for any fu- ture unpaid sanitary sewer service charges which may not have accrued and i ¢ _ ; which may not be due as of the date the lien is filed. Such lien shall be of the same nature and exist to the same extent as the lien for sewer assessments i Iwhich is provided in Chapter 184. 05 (11), Florida Statutes. The remedy pro- vided in the paragraph shall be cumulative and shall not be construed to waive the right of the city to require payment of any bill in arrears before renewing I I i sanitary sewer service or water service to the premises in question. Section 8. - Authority of City Manager to notify delinquent owners or i occupants of rights of city: In the case of every delinquent sanitary sewer ser- vice charge account, the City Manager shall have the authority, on his own inia- tive, to notify immediately the owner or occupant to whom such account was rendered of the various rights of the city under preceeding sections to discon- j c y ♦JOS _ Fa1OO /Ju,� Off! X{ O`3XI OtllM ON]M • t 3 1 i I be using or intend to use in the future until the date the original delinquent i account is paid, regardless of whether the other accounts of the owner or user are in good standing or not. � I Section 7. - Liens of delinquent sanitary sewer service charge accounts: Amounts due the city for sanitary sewer service charges, which are jmore than thirty days past due, shall constitute liens against the premises which were served by the municipal sewer system and which gave rise .to said i jsanitary sewer service charges. The lien against such premises in each case shall become effective and binding as such lien from the date upon which the account became in arrears. The City Clerk-Auditor be and she is hereby authorized and directed to record a "notice of lien", in the Public Records of Broward County, Florida, showing the amount of each such, lien, the legal des- cription of the premises against which the lien is claimed, the effective date and any other material information concerning the lien. Said "notice of lien" ` may also show that the city claims, or will claim, a continuing lien for any fu- ture unpaid sanitary sewer service charges which may not have accrued and which may not be due as of the date the lien is filed. Such lien shall be of the i same nature and exist to the same extent as the lien for sewer assessments iwhich is provided in Chapter 184. 05 (11), Florida Statutes. The remedy pro- vided in the paragraph shall be cumulative and shall not be construed to waive i j the right of the city to require payment of any bill in arrears before renewing I sanitary sewer service or water service to the premises in question. I Section 8 - Authority of City Manager to notify delinquent owners or I _ F occupants of rights of city: In the case of every delinquent sanitary sewer ser- f i vice charge account, the City Manager shall have the authority, on his own inia- i i I tive, to notify immediately the owner or occupant to whom such account was � l I i rendered of the various rights of the city under preceeding sections to discon- i j 05 UnJ�` Otl3%I Otl3% OMJ% I tires V tinue sanitary sewer service or water service and shall have the further right to grant extensions of time, not to exceed ninety days from the date of the arrearage, before discontinuing sewer service or water service, where unusual I ' conditions exist which cause the City Manager to feel that such extension is proper. i i Section 9. - Right of City Commission to determine, by resolution, the amount to be paid by owners or occupants as a fee to connect to the sanitary i i sewer system when the premises of such owners or occupants have not been initially assessed for any part of the cost of the system: From time to time, i i by resolution, the City Commission may determine the amount to be paid as a jconnection charge by any owners or occupants who apply to the city for permis- sion I i to connect properties to the sanitary sewer system of the city when said II properties have not been previously assessed for the purpose of paying for any part of the cost of the sanitary sewer system. Said resolution may authorize i the city to enter into agreements with such owners or occupants concerning the method of payment of the amounts agreed upon, concerning the fact that any deferred payments shall constitute a lien, concerning the interest rate and con- cerning any other material facts. It is the intent of this section to provide au- thorization to the City Commission to collect a charge from properties which may be connected to the system in the future approximately equivalent to the I ` special assessments such properties would have been subject to had the prop- erties been connected initially to the sanitary sewer system. Section 10: That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. i Section 11: By unanimous consent of all commissioners present, this i ordinance has been introduced, read the first time and read by title only the i second time and passed on first and second readings at the meeting of the City i -10- I I _ ♦J4J ....�.. _ f • 4} Commission held on February 6, 1967. I PASSED and ADOPTED on First Reading on February 6, 1967. L i PASSED and ADOPTED on Second Reading on February 6, 1967. J PASSED and ADOPTED on Third Reading on the 3 day of February, 1967. Mayor-C,ommissione— r Attest: i City Clerk-Auditor 1 I i I I I j I I i