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ORDINANCE NO. 1836 i AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, REPEALING IN THEIR ENTIRETY THE PRESENT CHAPTER 10, GARBAGE, TRASH AND WEEDS, CHAPTER 17, SEWERS, AND CHAPTER 24, UTILITY SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF CLEARWATER, FLORIDA, 1962, AND ENACTING A NEW CHAPTER 24, UTILITY SYSTEM, CONSISTING OF SECTIONS 24-1 THROUGH 24-106 TO PROVIDE FOR A COMBINED UTILITY SYSTEM; TO PROVIDE THE STANDARDS TO GOVERN WATER, SEWER, GAS AND GARBAGE COLLECTION; TO PROVIDE RESPONSI- BILITY FOR THE PAYMENT OF CHARGES INCURRED IN PROVIDING EACH UTILITY SERVICE; TO PROVIDE FOR THE CHARGES AND ESTABLISHMENT OF CHARGES FOR EACH SERVICE; TO PROVIDE FOR CONTROLS RELATING TO SUBSTANCES THAT MAY BE DEPOSITED IN THE SEWER SYSTEM AND FOR THE TREATMENT OF SUCH WASTES; TO PROVIDE FOR THE METHODS OF COLLEC'T'ION AND DISPOSAL OF GARBAGE AND REFUSE; TO REQUIRE PERMITS FOR PRIVATE COLLECTION SERVICE; TO PROVIDE REQUIREMENT FOR OWNERS AND OCCUPANTS TO CLEAN PARKWAY AREAS ABUTTING THEIR PROPERTY; TO PROVIDE FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; TO PROVIDE PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; TO PROVIDE FOR THE SEPARABILITY OF THE PROVISIONS HEREOF; TO PROVIDE FOR PROPER NOTICE OF PROPOSED ENACTMENT; AND TO PROVIDE FOR THE EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Chapter 10, Garbage, Trash and Weeds, Chapter 17, Sewers, and Chapter 24, Utility System, of the Code of Ordinances of the City of Clearwater, Florida, 1962, are hereby repealed in their entirety and a new Chapter 24, Utilities System, is hereby enacted to read as follows: CHAPTER 24. UTILITIES SYSTEM ARTICLE I - GENERAL Section 24-1. Utilities Combined in One System, Comprised of All municipal utility properties real and personal of the City supplying gas, water, wastewater, solid waste service and weed control in and to the City and its citizens and inhabitants and users thereof, shall be controlled, operated, maintained and financed on a combined and consolidated basis as a single utility system; provided, hoar ever, separate accounting records shall still be maintained for each of the foregoing services. t -1- Ordd #1836 6/7/79 4 SKr ?r•. !qtr ""^r"'?t" "ir'','" * 'il;?°'? ih".t r?':t:+,"s,8'.s.,alt+t± ??.+^q•3?c!Yd3s r;t+?a Section 24-2. Definitions. ^y(+?;, 4 M -1 For the purposes of this Chapter, the words "shall" and "must" : `'';<: •:, ..;? x•.,}:. ;..... mean the statement is mandatory, while the words "will and'tmayr' , , mean the statement is advisory. When not inconsistent with the context, words used in the present tense include the future , words in the plural number include the singular number and , words in the singular number include the plural number. Definitions applicable to this Chapter are as follows! (a) Abut,-shall mean where the sanitary sewer is located on ; an easement within or abutting the property itself, or on ' an adjacent street or alley where a connection can be made to the main without crossing the applicable side or end `'?`r.'. ... ?';'?ti.•.r°:.,,. Y` property lines as produced or extended into said street or alley. =- L```?ai"}i?`?'• ' (b) Additional Facilities or Structures shall refer to any additional construction of buildings or real property appurtenances at a specific location that would create or tend to create additional demand for water service and a concomitant increased demand for wastewater services and solid waste collection and disposal. (c) Apartment. One or more buildings constructed on a single parcel of land and being under a common ownership or management where each building contains at least three (3) living units. Laundry, recreational, cooking and other similar commonly used facilities that may be present are also included within the scope of this definition. (d) A licant. The person, organization or corporation that owns the property where utility services are requested or the person, organization or corporation that acts with the property owner's knowledge and consent and demonstrates that it or they possess authority to bind the owner for any or 311 utility service made available to the property. Also known as "Customer". (e) A roved Mobile Home Park. A parcel of property zoned under the provisions of applicable City or County zoning regulations whose allowed and recognized use is the business of renting spaces or lots upon which mobile homes are placed and occupied as single-family dwellings and shall include any associated and allowed laundry, recreational and common facilities incidental thereto. (f) Back Flow Preventer. A mechanical device installed in conjunction with a water meter that prevents a flow of water from the customer's side of the meter to the City's distribution system under conditions where water pressure on the customer's side of the meter exceeds the pressure on the City's distribution system at the meter. (g) Bill. An invoice or statement of account for utility charges, rentals, fees, service charges or contracts. (h) Reserved. (i) B. O. D. Denoting Biochemical O en Demand. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five (5) days at twenty (20) degrees centigrade, expressed in milligrams per liter. Ord. '1836 -2- 6/7/79 ¦ . y 7 CID AI 1? 1 (?) _Building. Any structure, either temporary or permanent, a w.f having a roof, and used or built for the shelter or enclosure; of persons, animals, vehicles, goods, merchandise, equip- E K i meet, materials or property of any kind. This definition shall include tents, sheds, garages, carports, animal. 'r., Y:• ;<<:., kennels or storerooms, serving in any way the function of " ; ;i.y•;=,•°'- a building as described h t,?; ' stein. (k) City. The City of Clearwater, Florida, ?: "S`,,t,?•a.i;h'g?;?`.,?? s}•.;. (1) C. O. D. Donating Chemical Oxygen _Demand. As referred to by Standard C. O. D. Teat as set forth in "Standard Methods" current edition expressed in milligrams per liter. (m) Condominiums. That form of ownership of real property ??°•::?,i.., which is created pursuant to the provisions of Chapter 718, -?_?, ?"???? • . ,.•. ?x-'?•• Florida Statutes, and which is comprised of units that may be owned by one or more persons, and there is, appurtenant to each unit, an individual share in common elements. (n) Consumer. The person or persons who actually receive and utilize services at a specific location. .;_ (o) Customer. The person, organization or corporation responsible for payment for all utility services used at a specific location, of one household or business, and further defined as that person, organization or corporation who signed the application either as owner or with the owner's knowledge and consent and having the demonstrated authority to bind the owner, requesting utility services be made ?. available at the specific location and thereby agreeing as ?y owner or on behalf of the owner to pay for all usage of such services occurring at the location. Also knwon as "Applicant". (p) Dwelling. A house, apartment, mobile home, condominium, duplex, or building used primarily for human habitation. The word "dwelling" shall not include hotels, motels, tourist courts, apartment motels, travel trailers, motor homes, or other accommodations for transients, nor shall it include dormitories, fraternities, sororities or rooming houses. Dwelling--Two Family. A detached, semi-attached or attached building or part of a building designed for or occupied exclusively by two families, commonly called a "duplex". (q) Foreign Materials. (1) Construction materials, such as sand, wood, stone, bricks, cement, concrete construction blocks, roofing and other building materials including sod, ; animal wastes shall also be considered foreign material. (Z) Tree stumps, appliances, household furniture, discarded metals and wood and other similar type material that is bulky, cumbersome or cannot be safely placed into collection equipment. (r) Frontage. Distance measured along an abutting public street right-of-way. In the event a parcel of property abuts public street right-of-way or more than one side (corner lot) for the purpose of this chapter, the frontage is defined as that distance measured along the address side. -3- y Ord. 1836. 6/7/79. .Y ? 0 D (a) Garbage. Solid wastes from the preparation, cooking and dispensing of food or from the handling, storage and sale of produce. Every refuse accumulation of animal, fruit or vegetable matter attending the preparation, use, cooking and dealing in or storage of meats, fish, fowl, fruits, vegetables or grains. (t) Hotel. A building designed to provide accommodations for transients or persons for short time residence, with or without meals, providing for ten (10) or more sleeping rooms, and including customary accessory uses in connection with the principal use. (u) Identifiable Internal Water Service Line. A water line owned and installed by the customer on the customer's side of the City water meter. (v) Industrial Wastes. Solid or liquid wastes from any manu- facturing or processing plant or other industrial undertaking, and minerals, fats, acids, oils or suspended solids which differ in nature from the normal wastewater discharged from dwelling establishments, cafes, hotels or grocery stores. (w) Living Unit. A room or rooms comprising the essential elements of a single housekeeping unit. Facilities for the preparation,of or storage and keeping of food within the premises shall be construed as a living unit. Facilities need not be private but shall be conveniently accessible to the living unit. (x) Mg/L._ Milligrams per liter. (y) Mobile Home. A movable living unit or similar portable structure having no foundation other than wheels, jacks or blocks, sometimes referred to as trailers or trailer homes. (z) Motel. The term motel shall include the term motor hotel, tourist courts, and transient accommodations, primarily for those persons traveling by automobile vehicles and consisting of two (2) or more units or buildings designed to provide sleeping accommodations, and with customary accessory uses. (aa) Multi-Family Dwelling, A building in which three (3) or more living units exist. Multi-family dwelling units shall be considered identically with apartments, trailer courts or parks, and condominiums for the purposes of this Chapter. (bb) Person. All domestic and foreign corporations, associations, syndicates, joint stock companies, partnerships, joint ventures, clubs, societies, common law trusts, individuals, municipal corporation, and County, State and Federal organizations. (cc) pH. The logarithm of the reciprocal of the weight of hydrogen , ions in grams per liter of solution. - 4_ .'' Ord. 0 1836 6/7/79 Y'4i b. ¦ ak d it .:+a1NN?!?`l?R"y?q??;•ws',.s".- S., fCa,r'1?:.`-$`Y]37.St ,a i5.,<. H'a''t" F •(. ?" Saw` „?? tit •. 4. -? ,•„ .? ' ... ?? , •,FS'.,, .•a?•:C"?? ' "r, ?'? ',rte::.'•1y'?. `? ?,,?! ti, f6t+tl '? ??: x????'S?' iv?!'?s?d'?4. ?°"s iii{?,?y?leryi?'i.i?•;?#f. :d' _. ??T -?; .Fx;/? g ??t;+#Tr :'v r1'? .: S'7".'1'n&"•?i?3'1 '?}'htJ? +?p7F e t n + + t e (dd) Premises. A tract of real estate, including adjoining lots or parcels under the same ownership or control and the improvements thereon, which is determined to be single unit for purposes of receiving, using and paying for utility services. The determination of a single unit as used herein shall be restricted to the following: (l ) A building under one roof owned or leased by one customer and occupied as one residence or one place of business, (Z) A duplex or a triplex residence. (3) A combination of buildings owned or leased by one customer, in one common enclosure, or occupied by one family, or one corporation or firm as a residence or place of business. (4) Each unit of a multiple building separated by a solid vertical partition wall, occupied by one firm, or place of business. (5) A building owned or leased by one customer having a number of apartments, offices, or lofts which are rented to tenants, and using in common one hall and one or more entrances. (ee) Property. The same meaning as premises. (f£) Refuse. All putrescible and nonputrescible solid wastes (except body wastes) including garbage, rubbish, dead animals and solid market, commercial and industrial wastes. (gg) Residential. A general term referring to single family or multi-family dwelling unit usage. (hh) Rooming House. A residential building used or intended to be used as a place where sleeping or housekeeping accommodations are furnished or provided for pay to transient or permanent guests or tenants in which less than ten (10) and more than three (3) rooms are used for the accommodation of such guests or tenants, but which does not maintain a public dining room or cafe in the same building, nor in any building in connection therewith. (ii) Rooming Unit. A room or rooms used as place where sleeping or housekeeping accommodations are provided for pay to transient or permanent guests. (jj) Sanitary Sewer. A sewer which carries wastewater and to which storm, surface and ground waters are not intentionally admitted. (kk) Sanitary Sewage. -Also known as Wastewater. (11) Sewer Tap and Connection Fees. A charge applied when the plumbing permit is issued, designed to recover a portion of the pro rata cost of capital facilities, and the discounted value of future contributions for wastewater services. 6/7/79 to n, t •. ?•'^.N .M?'¢?.31; ;;? f 3 •'I'' i Sb: f+ '? :ja•' 4 Y ? 1 ., t l .1 014? - r n 1 e (mm) Single Family Dwellin . A building containing a single living unit. (nn) Solid Waste. Also known as Refuse. (oo) Standards Methods. "Standards methods for the examination of water and wastewater", American Public Health Association Current Edition. (pp) Storm Sewer. A sewer which carries storm and surface waters and drainage but excludes wastewater and industrial wastes. (qq) Suspended Solids. Solids that either float on the surface of, or in suspension in water, wastewater or other liquids and which are largely removeable by laboratory filtering through standard glass fiber filter as specified in standard, methods. (rr) Termination of Service. A cessation, discontinuance, with- holding or refusal to provide utility service to a customer either for the non-payment of charges or due to an outstanding account or for purposes of health and safety of public. (so) Trash. Any leaves, yard or small hedge clippings or other types of rubbish or trash consisting of combustible and non- combustible wastes, such as paper, cardboard, boxes, crates, tin cans, yard trimmings, leaves and other similar materials such as accumulated about residential property. Tree limbs less than four (4) inches in diameter and no longer than four (4) feet, such as palm fronds, large hedge clippings or any residue accumulated from normal landscaping operations. (tt) Wastewater. A combination of the water-carried wastes from dwellings, business buildings, institutions and industrial establishments. In effect, it is the water supply of a community after it has been fouled by various uses and discharged into a sewer, also known as sanitary sewage. (uu) Wastewater Collection and Treatment Facilities. A comprehensive term which includes facilities for collecting, pumping, treating and disposing of wastewater. (vv) Water Impact Fees. A charge applied when the plumbing permit is issued, designed to recover a portion of the difference between the new connection's pro rata cost of capital facilities, and the discounted value of future contributions for water service. Section 24-3. Owner Responsible for Payment. The furnishing of water, gas, wastewater and sanitation services bring a substantial and valuable benefit to the land and premises.. The applicant or customer of any premises serviced with water, gas, wastewater and sanitation services shall assume responsibility for the total of all utility service charges due against the premises which he or it owns or purchases. This assumption of responsibility shall be a necessary condition to the continuance or inception of utility services to the premises, and failure to pay such charges when billed shall constitute grounds to terminate services to those premises. -6- Ord. #1836 6/7/79 it { G'• ? ea 1 :...:ten . ,.,i?a, ,">?°. ??: x%.: '?I f 4 ti .??•-.+j?"Er?';x"?"?• ?'=.,1•??• ?'S-'Lh--fiMi'???!-?.,:A?.{J??f'chi',If,'1Z5#'?`?°?..,ar'?"?f?!',?",?'=`'w.'?'s^'. '.gl1Y,; r. ... ?'?• _ ... .. ..• ? .i ..; i)., .. .. _ ,?l?t_e.n .. se?•_. :.rig,'`. 1 1 51 Section 24-4. Application for Service. A. Existing S,?rvice Reinstated. 2 1. Existing services may be reinstated by the customer's application for such service through the City Customer's Accounts function located at the Utilities Office, 900 Chestnut Street, and the payment of any appropriate fees, deposits or other charges as contained within these rules and regulations.' 2. Subject to the provisions of Section 24-4 C S, the application shall be in writing and shall contain a space to be signed by the owner of the property (premises) which shall be in the form of an acknowledgment that the owner has read or is famiiar with the provisions of Section 24-3 and is thereby aware that as owner he is responsible for all utility service charges. Application for service: requested by firms, partnerships, associations, corporations, or other agencies, shall be tendered only by their duly authorized agents and the official title of such parties shall be indicated on the application. B. New Service Connections. 1. Sewers. Any person who desires to connect his property, place of business, or residence with the sanitary sewer system of the City shall comply with the provisions of this Chapter and shall pay the fees and connection charges as herein set out. The fees must be paid at the time a plumbing permit is issued by the Building Department. 2. Water, Gas, Sanitation. Every applicant who wishes to have property furnished with water, gas and sanitation services shall be required to make an application in writing to the Director of the Utilities Department in a format approved by the City Manager. The application form shall set forth the location of the property (lot number, subdivision, address and any forwarding address, and paying address if different from the address serviced), numbers and size of ureters required, size of service line, whether the building is old or new, building permit number and the name, address and phone number of the customer. The application form shall also contain a space to be signed by the owner of the property (premises) which shall be in the form of an acknowledgment that the owner has read or is familiar with the provisions of Section 24-3 and is thereby aware that as owner he is responsible for all utility service charges, C. Conditions Precedent to Final Acceptance of Application. 1. No application for municipal utility service shall be finally accepted from any customer with respect to premises to which service has been discontinued for non-payment of a bill when such customer owned, managed or resided at the premises during the period of time when the charges in the bill were incurred, until such time as the bill is paid. 2. No application for municipal utility service shall be finally accepted from any customer who is delinquent on any bill with respect to any premises, unless the customer has entered into a payment agreement with the City, such payment agreement form to be provided by the City. Ord,-.11836 ?. i -7- 6/7/79 1 1 x?l D T 1 . 1 ` 1 y , • A 3, No application shall be finally accepted from any customer who is new, who has not received any utility service from the City for the previous twelve (12) months, or any present customer who has been delinquent in payment of a bill two (2) or more times within the previous twelve (12) months, unless the customer pays in advance with the application, the applicable utility service deposit as provided in Section 24-5. 4. The Director of the Utilities Department may receive an application for utility service and may provide commencement of the service or services applied for, all subject to a check of utility service records to determine whether he will finally accept the application. If it is determined that the application cannot be accepted, written notice of this fact shall be given to the applicant, with not less than ten (10) days to correct the defect. If the defect is not corrected, service shall be discontinued. 5. Water, sewer, gas and solid waste collection service are utilities held to be furnished to the prolerty as provided in Section 24-3, and the fees, therefore, are chargeable to the property owner. The Director of the Utilities Department upon request of the property owner may accept an application from a tenant or occupant of the premises where the property owner has either provided a property owner's bill guaranty in executed form or otherwise on such application indicated acceptance of responsibility of payment of the charges. Section 24-5. De osit, Fees, Service Charges and Rate Schedule. The City Utilities Department will furnish and install water and gas service connections and tap the mains, as well as provide sanitation service, for residential, commercial, businesses and other purposes. The City will charge for such service connections and installation according to a schedule of fees therefor to be established by ordinance of the City Commission. Upon adoption of an ordinance setting forth the schedule of fees and charges, such schedule of fees for all utility functions will be maintained on file and be available both in the City Clerk's Office and the Utility Department. All charges to the premises shall be made from the schedule at the time application is made. Fees and service charge schedules are payable as outlined in this section. A. Deposits for Service. 1. Water. Each meter service shall be secured by a minimum deposit of Thirty Dollars ($30.00) or three (3) times the average monthly bill for all services (includes sanitation and sewer), (#1836 ' -8- 6/7/79 f? S ! ]]111}LILILSSS • • ? ? ? ? ? ? ? • ? '? ! In, t}17.1'9rf.Fr' }r' n ,4?s4'.; i;%' 4 n d' ?s "? t•'.Fe? !M 1 L D 0 - L. Gas. Each meter service shall be secured by a minimum deposit of Twenty Dollars ($20.00) or three (3) times the average monthly bill. 3. Sanitation. Each customer shall be secured by a minimum Ten Dollar ($10.00) deposit or three (3) times the average monthly bill for service when customer is not on the City water system. 4. Sewer. Each customer shall be secured by a minimum Ten Dollar ($10.00) deposit or three (3) times the average monthly bill for service when customer is not on the City water system. 5. Deposits of money hereto are and hereafter deposited with the City to guarantee payment of bills. Commercial deposits in excess of One Thousand Dollars ($1, 000.00) may be made by a surety bond written by a bonding company approved by the City Attorney, or through furnishing a letter of credit from a bank, by making an assignmentb the City of a savings and loan investment certificate or pass book, or a commercial bank savings or time deposit certificate, or by furnishing a two- party guaranty or corporate surety bond, all of,which shall first be approved by the City Attorney. B. Impact Fees. 1. Water. A water impact fee shall be assessed at the time of the original building permit. Fee is payable at the Building Department before the plumbing permit is issued. Fees to be established. 2. Storm Drainage. See Building Code. (Section 7-5 (1) ) C. Connection Charges, Fees and Taps on Mains. Payable at Utilities Department upon application. 1. Water meter connection charges and fees for taps on the mains and fire taps on the mains: 5/8" meter with 3/413 service line $100.00 1 °1 meter with I" service line 198.00 1-1/2" meter with 1-1/211 service line 297.00 21' meter & gate valve with 2" service line - on customer's side of street 430.00 211 meter & gate valve with 211 service line - on opposite side of street 469.00 2" meter with 2+1 service line - irrigation only - on customer's side of street 385.00 211 meter with 2" service line - irrigation only - on op]2osite side of street 424.00 -g_ Orci. #1836 V 6/7/79 3T ? t 4? 1 eo' . . r ? ? { 4 Taps on Water Mains 0?- 311 meter on 611 main (411tap) $ 1,631.00 311 meter on 811 main (411tap) 1,668.00 311 meter on 1011 main (411 tap) 1,868.00 311 meter on 121' main (411 tap) 11868.00 31, meter on 14t' main (411 tap) 2,046.00 311 meter on 1611 main (411 tap) 21192.00 311 meter, on 2011 main (4111 taR) ? 2,493.00 ?.. . 411 meter on 611 main $2,294.00 411 meter on 811 main 2,330.00 411 meter on 1011 main 2,530.00 411 meter on 1211 main 2,530.00 4t' meter on 1411 main 2, 708. 00 411 meter on 16'1 main 21855.00 411 meter on 201± main - - - - 3,155.00 Larger meters and taps at coat. All charges for services, pipe and meters outside the City limits shall be twenty-five-per cent (Z5016) additional. 411 tap on 611 main $ 512.00 411 tap on 811 main 546.00 411 tap on 1011 main 740.00 411 tap on 121, main 748.00 411 tap on 1411 main 920.00 411 tap on 1611 main 1,050.00 411 tap on 2011 main 1,250.00 611 tap on 611 main 556.•00 61' tap on 811 main 589.00 611 tap on 1011 main 789.00 611 tap on 1211 main 789.00 6" tap on 1411 main 1,030.00 611 tap on 16 11 main 1,114.00 611 tap on 2011 main 1,462.00 811 tap on 811 main 1,007.00 811 tap on 1011 main 1,196.00 811 tap on 1211 main 1,196.00 81f tap on 1411 main 1,300.00 811 tap on 1611 main 1,469.00 811 tap on 2011 main 1,785.00 1011 tap on 1011 main 1,400.00 1011 tap on 1211 main 1,468.00 1011 tap on 1411 main 1,605.00 1011 tap on 161, main 1,770.00 1011 tap on 2011 main 2,170.00 All charges for services, pipe and meters outside the City limits shall be Z57o additional. 1836 y. E 93-? r 1 1 ? 311 meter on 611 main (411tap) $ 1,631.00 311 meter on 811 main (411tap) 1,668.00 31, meter on 101, main (411 tap) 1,868.00 311 meter on 1211 main (411 tap) 1,868.00 3t1 meter on 1411 main (411 tap) 2,046.00 311 meter on 1611 main (411 tap) 2, 192.00 311 meter on 2011 main (411 tap) 2,'493.00 411 meter on 611 main $2,294.00 411 meter on 811 main 2,330.00 411 meter on 1011 main 2,530.00 4t, meter on 121, main 2,530.00 41, meter on 1411 main 2,708.00 411 meter on 1611 main 2,855.00 411 meter on 201, main 3, 155.00 Larger maters and tape at cost. All charges for services, pipe and meters outside the City Hmita shall be twenty-five per cent (25%) additional. Tads on Water Mains ' 411 tap on 611 main $ 512.00 411 tap on 811 main 546.00 411 tap on 101, main 740.00 411 tap an 1211 main 748.00 411 tap on 1411 main 920.00 41, tap on 1611 main 1,050.00 411 tap on 2011 main 1,250.00 611 tap on 61, main 556.00 61, tap on 81, main 589.00 611 tap on 101, main 789.00 611 tap on 1211 main 789.00 61t tap on 1411 main 1,030.00 611 tap on 1611 main 1,114.00 611 tap on 2011 main 1,462.00 811 tap on 811 main 1,007.00 81t tap on 1011 main 1,196.00 Be, tap on 1211 main 1,196.00 8,1 tap on 1411 main 1,300.00 8tt tap on 1611 main 1,469.00 81, tap on 201, main 1,.785.00 1011 tap on 1011 main 1,400.00 1011 tap on 1211 main 1,468.00 1011 tap on 1411 main 1,605.00 1011 tap on 1611 main 1,770.00 1011 tap on 2011 main 2,170.00. All charges for services, pipe and meters outside the City limits shall be 251o additional. _10- '' ?? ,??i. - `? ?'• ? err' ;? i v ?a gg t Cr?+iii)Y?l?+?.,w+?++ti+r"-?...'.";'""..i. .. .?. _• • ? .. ., ,,?. -•- ... _. •a?1j;,• ' ".?: ?,; t /79"L z ? - Ae -r • I 7 4 r! Fire Taps on Water Mains 4!1 tap with Detector Check w/ By pass Meter: 411 tap on 611 main $ 994.00 5/8}1 By pass meter 411 tap on 81t main 1,027.00 5/811 By Pass Meter 411 tap on 1011 main 1,029.00 5/811 By pass Meter 411 tap on 1211 main 1, 209.00 5/811 By pass Meter 411 tap on 14t1 main 1,371.00 5/811 By pass Meter 411 tap on 1611 main 1,504.00 5/811 By pass Meter 411 tap on 2011 main 1,777.00 5/811 By pass Meter 6}1 tap with Detector Check w/ By pass Meter: 611 tap on 611 main 1,143.00 5/811 By pass Meter 611 tap on 811 main 1,173.00 5/811 By pass Meter 611 tap on 10f1 main 1,355.00 5/811 By pass Meter 611 tap on 1211 main 1,355.00 5/811 By pass Meter 611 tap on 1411 main 1,518.00 5/811 By pass Meter 6t1 tap on 1611 main 1,651.00 51811 By pass Meter 611 tap on 2011 main 1,967.00 5/811 By pass Meter 811 tap with Detector Check w/By pass Meter- 8 11 tap on 811 main 1,991.00 1" By pass Meter 811 tap on 1011 main 2,180.00 111 By pass Meter 811 tap on 1211 main 2, 180.00 111 By Pass Meter 811 tap on 1611 main 2, 453. 00 1" By pass Meter 811 tap on 2011 main 2,769.00 1" By pass Meter All charges for services, pipe and meters outside the City limits shall be 2501a additional. 2. Sewer connection charges. Payable at Building Department upon application for plumbing permit. Residential: Single-family and apartments (cost per dwelling unit): 1 bath $475.00 Plus $75.00 for each additional bath Mobile home space 475.00 Hotel or Motel Facilities: (Cost per dwelling unit): 1 bath $475.00 Plus $75. 00 for each additional bath. Commercial area other than units, as provided in this section for commercial structures. Commercial: Per toilet or urinal $475.00 *Exclusive of car washes, laundries and other commercial enterprises making a more than normal demand on the sewer system, all of which will be treated under the industrial category. Industrial: Per toilet or urinal $475.00 Plus negotiated amount based on gallons and demand 'on system. •? "a.?. r. Icy ..:S.i ? ,.,f'?^ ` ?' ' ? ? .. SC,r 7'1'LLLJ.?fff.?G'.,? , er `:'7' y`.L,,•. .'_. : i•' .. - I. sir°?}&=?' • rti?4 e, , A 'Ilv ¢¢ E„ 1i+'TI+'A r ?i + 6/7/79 " l 1 1 1 11 I 3. Gas Permit and Inspection Fees. Any and all fees provided for in this section shall payable and collected at the Building De )artment of the City. (a) A basic fee of $1. 50 plus $.50 for each outlet shall be charged for each gas house piping permit, such fee to cover one inspection. An additional fee of $2.00 shall be charged for each additional inspection required to obtain final approval of the work due to work being done in sections or to improper or defective installations requiring replacement or correction. (b) Where one or more gas appliances are to be installed a fee of $.50 shall be paid for the inspection of the first appliance and $.25 for each appliance in excess of one. The fee for a water heater shall include the inspection of both the gas and water connections. Where additional' appliance inspections are required due to improper or defective installations a fee of $1.00 shall be charged for each such inspection. (C•) Where one or more existing appliances are to be replaced, a permit shall be required and a fee of $.50 be paid for the first such replacement and a fee of $. 50 be paid for each replacement in excess of one when done at the same time. The minimum fee for the correction of a violation shall be $.50. (d) In the event of the failure of any person to pay any or all fees specified above when due, the City Gas Inspector shall refuse to give final approval to the work until all fees have been paid. (e) One permit document may be used to cover all items for which a permit is required when applied for at one time. D. Rates 1. Water rates for all water furnished by the City of Clearwater Utility Department under the different schedules shall be as follows: (a) Domestic (stores, offices, hotels, motels, multiple and single family residential premises and general business establishments) rates shall be the following based on monthly consumption: Consumption charge: . First 400 cu. ft. or less, a minimum of $2.75 per month. All over allowance, 0.63 per 100 cu. ft. Minimum bills. ror each customer billed under the domestic rate schedule there shall be a monthly minimum charge based on the size of the meter, which minimum charge will allow and include the use of certain quantities of water as listed hereunder, but for the consumption of water in excess of said allowance the customer shall be billed for said excess at the domestic consumption charge listed above: E 6/779 .i 3i k t in -1 Minimum Monthly Meter Size Charge Under 1 inch $ 2.75 1 inch 4.75 1- 1/2 inch 81.15 2 inch 129,15 3 inch 241.15 2-2 inch in Manifold 241.15 4 inch 561.15 6 inch 1281.15 n Water Consuumption Allowed Per month 400 cu. ft, or less 900 cu.-ft. or lass 20,000 cu. it, or lees 32,000 cu. ft. or less 60,000 cu. ft. or lass 60,000 cu. ft. or less 140,000 cu. it. or less 320.000 cu. it. or leas (b) Industrial rates, applying to customers using water in their normal activities for production or processing such as grovest laundries, mills, factories, ice plants, refrigeration plants and similar establishments and where it is established from past records or future experience and information that the average monthly consumption of said industrial rate customers has or will exceed 3000 cubic feet per month over any three (3) month period, shall be as follows, based on monthly consumption: Consumption charge: $0. 63 per 100 cu. ft. for all water used over allowance. Minimum bill. For each customer billed under the industrial rate schedule there shall be a monthly minimum charge based on the size of the meter, ,which minimum charge will allow and include the use of certain quantities of water as listed hereunder, but for the consumption of water in excess of said allowance the customer shall be billed for said excess at the industrial consumption charge listed above; Minimum Monthly Water Consumption Meter Size Charge Allowed Per Month 1 inch or under $ 41.15 10,000 cu. it. or less 1-1/2 inch 81.15 20, 000 cu. ft. or less 2 inch 129.15 32,000 cu. ft. or lea s 3 inch Z41.15 60, 000 cu. ft. or less Z-Z inch in Manifold 241.15 60,000 cu. ft.- or less 4 inch 561.15 140,000 cu. it. or lea a 6 inch 1281. 15 320,000 cu. ft. or less 8 inch 2241.15 560,000 cu. ft, or less (c) Lawn Water Meters. Lawn water meters already in service shall be charged the regular domestic rate for water used for irrigation purposes in accordance with the ordinances of the City of Clearwater. When combined with the domestic meter on the aame bill, the rate shall be at $0.63 per 100 cubic feet. When on a separate bill, the rate will be charged the regular domestic rate depending on size of the meter. (d)Service out ofmunicipal limits. Accounts outside of the corporate limits of the City of Clearwater shall be subject to a surcharge equal to twenty-five per cent (25010) of the monthly water bill charges as set forth in sub-paragraphs (a) and (b) above. (e) A charge of the "monthly minimum" for a one-and-one-half inch (1-1/211) water meter is required for a "deduct" meter for air conditioning cooling water and similar purposes. (This is to omit the sanitary sewer charge for this consumption.) This is only where a separate irrigation meter cannot be set in the right-of-way or easement and the meter reader must physically read and deduct consumption for billing purposes. ;i w13- f;:.... 6/7/79 :."o,. a •a ? o t •,rlt.r1 3 ? I? ? .1 f ? r „•,S? 11, ... Yct j;?•S1' 4* {•.S {.FK'cS ,•t.: ;. ;,.+•f; lIr': ??: 2. General Gas Service Rates The following general rate schedule shall apply to all users of natural gas provided by the City of Clearwater, Florida, provided such users are located adjacent to the City of Clearwater gas mains and provided the City of Clearwater has a sufficient supply of natural gae to furnish: (a) Schedule A - General Service Rate Natural Gas containing not less than 1, 000 BTU per Cu. Ft. i First 3 therms or less $3.00 Next 7 therms .45104 Next 10 therms :40344 Next 20 therms .35586 Next 30 therms .34394 Next 230 therms .30824 Next 300 therms .29634 All over 600 therms .28444 Minimum monthly bill 3.00 (b) Schedule B - Air Conditioning Gas Rates. The following rate schedule shall apply on a year-round basis to all buildings or premises using gas for air conditioning purposes, either through using combination cooling-heating equipment or through using cooling equipment only, but shall not apply to premises not having air conditioning equipment located thereon, and shall be subject to the provisions further set forth herein: (1)Residential. Where all gas used on the premises is measured through a single meter, the rate for gas containing not less than 1, 000 BTU per cubic foot shall be: First 10 therms or less $7.15 Next 40 therms .26364 All over 50 therms .22804 (2) Commercial. The following rate shall apply for air-conditioning, providing said service is separately metered and that said service is adjacent to the City mains and where the City has sufficient supply of gas; First 10 therms or less $7.15 Next 40 therms .39464 Next 950 therms .22804 All over 1, 000 therms . 21614 Minimum Monthly Bill 7.15 (c) Schedule D - Volume Gas Water Heating and Small Industrial Rates. This rate shall apply for volume gas water heating and small industrial consumers, provided such gas service is separately metered and provided such service is adjacent to City of Clearwater gas mains and provided the City of Clearwater has sufficient supply of natural gas: Natural gas containing not less than 1, 000 BTU per cu. ft.: First 300 therms or less $77.35 Next 1700 therms .29362 All over 2, 000 therms .27934 Minimum Monthly Bill 77.35 01836 -14- 6/7/79 cj ??ks r.•': ` ' ??? *?r'? `fit k :i. ? .,L .7'q'z,'..?t;Tr ?, •'??i:'1'Rr k i' , i"??`?". ??- iii>.>. fiJti???,`=;tr ???: ;..'? OR .f k 'e?"t,r'M1°'? ,i, 'F'y1 ij.e ?-?w?.?. 7: n?t?`.;.?i.1:; h«3t??•?: k.?1?i'?i1 ??; :r`.•?.??y ? ? ? 'sV' MEW d The charges specified in the above schedules shall be _• "i,e? ij*::,r??i :,? [ yam,. subject to an adjustment per therm for increases or ';, ;'r`,i •ti .,?,4<sz7 decreases in the suppliers rate for purchased gas {:;,,le,r{,? in accordance with the provisions of the purchased gab _':''.tn>?w =_ ?s9 cost adjustment in Florida Gas Transmission Company's tariff. . '?'•. '?r:=fir"???>`. 3 Sower Rates.' (a) There is hereby established a uniform schedule of rates and charges for the use or availability for use of the • Y'i ;tr' I utility as follows: <<": jl Y6, ; (1) Residential: Single-family residences, duplexes, multi-family residences, apartments, mobile home parks and condominiums; A monthly fixed charge of four dollars twenty-five cents ($4. 25) per unit per month iGt plus a charge of twenty-five cents ($0.25) per one , hundred (100) cubic feet of water used. r Hotels, motels and travel trailer parks shall be billed at one hundred sixty (160) per cent of the domestic monthly water charge, with a minimum fixed charge of four dollars twenty-five cents ($4.25). (2) Nonresidential (including commercial, office buildings and industrial buildings); The basic charge for all accounts shall be equal to one hundred sixty (160) per cent of the monthly water bill in effect for that size meter. However, the minimum fixed charge for nonresidential accounts shall be four dollars twenty-five cents. ($4. 25). (3) Service outside of the municipal limits: Accounts outside of the corporate limits of the City of Clearwater shall be subject to a surcharge equal to twenty-' Div: (25), ' per cent of the monthly sewer bill charges as set forth in subparagraphs (1) and (2) above. (b) The above schedule of rates shall be reviewed by the city, commission at least every two (2) years beginning with the effective date thereof, September 1, 1975, to determine that the rates applied are equitable and furnished at the lowest cost possible to the customer. (c) The sewer service charges herein provided shall not apply to sprinkler or irrigation systems separately metered or deduct meters. (d) Basis where water is unmetered. Premises which have a source of water other than city water system, the spent or used water from which goes into the city sanitary sewer systems, shall pay a charge according to the schedule provided in this section of the city code, based upon an estimate of the amount of water going into the sanitary sewer system. In the event of a disagreement as to the amount of such water reaching the sanitary sewer system, then, a metering device or,devices shall be installed to determine that amount. . -15- r , Ord. #1836 6/7/79. rl • 1 r 'i1fi1' 4. Garbage and Trash Rates. (a) Monthly charges for twice weekly collection of garbage and/or trash in prescribed containers: (1) For duplex dwellings and single family dwellings including one additional apartment or living unit as part of or detached from the single family building and under one ownership= a. Curbside pickups Three dollars and seventy- five cents ($3.75) minimum for each living unit with no limit on the number of garbage receptacles permitted per unit. b. Side or rear building collection: Seven dollars and fifty cents ($7.50) minimum for each living unit with a limit of two (2) garbage receptacles permitted per unit. A fee of Two dollars and fifty cents ($2. 50) each will be charged for each additional twenty (20) gallon can or equivalent. (2) For multiple family dwellings consisting of three (3) or more living units, which units may be a part of or detached from the main building; all garbage receptacles serving the premises to be centrally located at one collection point: a. Curbside pickup: First unit $3.75 minimum Next nine (9) units 1.75 per unit All over ten (10) units 1. 38 per unit b. Side or rear building collection: First unit $7. 50 minimum Next nine (9) units -3. 50 per unit All over ten (10) units 2.75 per unit c. Commercial containers: In accordance with schedule in (b) (4) of this section. Apartment houses and trailer courts or parks containing three (3) or more living units shall be classed as multiple family dwellings. (3) For motels, apartment motels, or apartments renting by day or week: All garbage receptacles serving the premises to be centrally located at one collection point. a. Curbside pickup: First living unit $3.75 minimum Next nine (9) living units 1. 38 per unit All over ten (10) living units 0.94 per unit Rooms for living and sleeping purposes only without cooking facilities 0. 44 per room b. Side cr rear building collection: First living unit $7.50 minimum Next nine (9) living units 2.75 per unit All over ten (10) living units 1.88 per unit Rooms for living and sleeping purposes only without cooking facilities 0. 88 per room VN: -183V` ,.6'/7/79 , -low in { 3 i7 ?!r `LiS?+"!?L v xn' ••( rs.•l A?_i. Is 9! h L ? S c1 ,?• .. ..'-.!.J:??9L`.?t?.f.$i:GAF.F.?7y?i.<,?"ia_?-.`4?:;°?'f?245S71???]kiRb??}i? ... T ?. _ r?is i,.... v ?. .. r ,,..'k•: rV...''l'. '?'.( •. ,...? . ?.'1? IR ? r?:G+.A. •?• ,?"-?{(• wl?a'r.(5 '•lo -Y'? ? ??{ i ::._ Tit.!'?F. f} ? .r yr. l +Y,r 3? t, M_'? -l..1 1 t•')i , tit:.. ;v:; ? .. .. . 't?s•'ti' + y. '.. ' ? rRr. :`4.., i {x'a ? ? •T .?'j" 1i {!`?.. ? P Y" Y ?.,'??'. .,' ?' - N. ?i . L. `' ? .1?T f ' ? . . 5 ? ! P CC vs tip ??•S?{i ? ?lard 5?... r1s` y.lr ' (4) Motels, apartment motels, or apartments renting by day or week with commercial containerst In accordance with schedule in (b) (4) of this section. (5) For commercial buildings of all types such as stores, hotels, factories, filling stations, service establish- ments and the likewith separate water metering; for twice weekly collection] a. Curbside pickup $3.75 minimum b. Side or rear building collections One or two (2) cans 7.50 minimum Each additional can 2.50 c. Commercial containers: in accordance with schedule in (b) (4) of this section, (6) For each building containing four (4) or more separate offices and one common water meter for physicians, dentists, dental repair facilities, lawyers, real estate brokers, insurance agents, clinics, laboratories or other similar or related businesses, the owner of the premises served shall be responsible to the city for a monthly garbage collection charge of: a. Curbside pickup: Fifteen dollars and forty-four cents ($15.44) for the first eight (8) garbage receptacles and two dollars and nineteen cents ($2, 19) per month for each receptacle in excess of eight (8). b. Side or rear building collections: Thirty dollars and eighty-eight cents ($30. 88) for the first eight (8) garbage receptacles and four dollars and thirty-eight cents ($4. 38) per month for each receptacle in excess of eight (8). c. Commercial containers: In accordance with schedule in (b) (4) of this section. (b) Monthly charges for daily commercial (except Sunday and holidays) collection for garbage and/or trash in prescribed containers; (1) Curbside pickup; fine: can $6.38 minimum Each additional can 6.38 (2) Side or rear building collection: One can $12.75 minimum Each additional can i2. 75 (3) Commercial containers: In accordance with schedule in (b) (4) of this section. (4) Commercial container rates are as follows: Size (Cu. Times Per Week Pickup Yd.) 1 2 3 4 5 6 7 1 $ 8.55 $17.04 $25.53 $34.08 $ 42.57 $ 51.06 $ 59.61 2 17.04 34.08 51.17 68.21 85.25 102.29 119.27 3 25.86 51.78 77.64 103.51 129.37 155.23 181.04 4 30.36 60.77 91.19 121.55 151.96 182.32 212.62 5, 35.58 71.21 106.78 142.41 178.04 213.62 249.08 6 40.02 80.03 120.05 160.06 200.08 240.09 280.05 8 50.17 100.29 150.46 200.58 250.75 300.87 350.98 a. Special fees: Any hydraulically or otherwise compacted garbage, trash, etc. collected by the City of Clearwater sanitation department shall be paid for at a rate four (4) times the amount listed on the fee sheet for regular collection. -17- Ord'.. #1836 ,.. -6/7/79 prr sY;€w h +?; y. . 'r• Ttf ?r;??jl • t '71: r .t I ?] .??'F'.?:9•yh!w. & • t _-__?. (,.4?.?.t P7' y "RP!. .? •€'* ° ;;'?''?M,?• .+"A'•'t?f?f°':i... ?r r (c) Fees for collecting contents from any rubbish } or trash bin or storage room shall be set by the sanitation superintendent at triple the rate charged ?.. for the cubic yard container nearest, but not smaller than, the size of the bin or at the rate of v { thirty-seven dollars and fifty cents ($37.50) per K, Y hour[sixty-three cents ($0.63) per minute], whichever is the lesser amount. s ? +', Where neither containers nor bins are used, the charge for collecting such loose trash, other than that placed for curbside collection, shall be at the rate of thirty-seven dollars and fifty cents ($37.50) per hour [sixty-three cents ($0.63) per minute]. All such charges of noncontainer collection shall be based on the average daily time to be determined by the sanitation superintendent with a minimum service charge of six dollars and twenty-five cents ($6.25). Where existing incinerators, already approved by the utilities manager for the partial disposal or consumption of trash or garbage, are provided and consistently used on any premises listed above under subsection (a) (1) through (6), inclusive, the monthly charges for twice weekly collection of garbage or trash shall be on of the charges listed under said subsection (a) (1) through (6), inclusive. E. Service Charges. Applicable during normal working hours; Turn On: Gas Meter $ 5.00 Water Meter 5.00 Special Reading 5.00 Collection 5.00 Check Reading 5.00 TTur pff GGas Pilot 5.00 Rea for change of account 2.50 Reset Meter - Gas 15.00 Reset Meter - Water 20.00 Water Meter Test (in shop): (Includes initial light up only, does not include any service.) (if correct reading has been made) up to 11, 15.00 (if correct) 214 35.00 Over 211 Cost Dishonored Non-Payment turn on 5.00 Gas Meter Testing (in shop) Size 95 to 425 (cu. ft.per hr.) 15. 00 Size 550 to 1000 (cu. ft. per hr.)35. 00 Over1000 (cu. it. per hr.) Cost The above charges will be increased 100% for services between 5 P. M. and 8 A. M, workdays and all day during holidays and weekends. Domestic Service Charge: $10.00 per man per hour with a $10. 00 minimum. Commercial Installation. $10.00 per hour for one (1) man and truck - $10.00 minimum. $15.00 per hour for two (2) men and truck - $15.00 minimum. :'. Ord. #1836. 6/7/79 r? ? ? .? r r 4` , 5 ?a+ ., I .r E, i'!•i?e?!''k??'1+??:4, cw?.r+{e?:+r,??,..r,?z?t?.+r;+;':g sr•-•.: ,a? 'c„?.,'?'-:?+'?".'•c???'`?4;?,t; W?;??t'M1?!'!vr'?Tpgt"#t'?;.k •?; yxo, 5'.??' `S .i". r?Y:fl' S.^w a,• .?i 1 ,.? .. _.{ -ai .. r.n°af\??;'`[+:i 4N Y.?yMP sd.> ff3+J. .'C._ +S _ ? F. Miscellaneous Service Charges. 1. Water -"Temporary Service; Deposit - $300.00 or one sufficient to cover cost of water consumed and any other charges incurred. Final Bill cost of water consumed, plus a $25.00 service charge. :. Unauthorized Pipe - Where water meter should be; $25.00 for removal. By-Pass; 107o of average monthly bill for each day since last reading. ? Broken stop locks on water meters - $10. 00 To relocate water meter - Time and material. N ? ? 2. Gas. ri s : Broken Stop Locks on Gas - $10. 00 Reactivate Gas Meter & Standby Charge; A charge of $50 i gY''rl for meter reset if service is restored where it has been cut and capped if heat only. Where two (2) or more gas appliances are to be used where it has been cut and capped, there will be a charge of $25 to restore meter. f? To reactivate meter on rental apartment units where service has not been cut, a charge of $15 will be required for meter r es et. A minimum charge of $50.00 per month is required on gas service for standby purposes. Consumption will be billed at the general service rate. To relocate a gas meter - $60. 00 Unauthorized pipe - where gas meter should be - $25. 00 By-Pass, 10016 average monthly bill for each day since last reading. Section 24-6. Accounts Due; Method of Billing and When Delinquent. All meters shall be read monthly and bills for all charges shall be rendered. Charges for each service shall be arranged as separate items on all such bills. The bill shall be mailed or delivered to the customer monthly either as a separate bill or in conjunction with other utility bills. Failures to receive a bill shall not constitute a defense for non-payment. Any bill which remains unpaid on and after fifteen (15) days from the date of submission shall be considered delinquent and service to the customer may be terminated. Where it is proposed to terminate utility service to a customer, notice shall first be sent to such customer, and by prior filed request, notice will be sent property owner of record, which notice shall advise the customer that the account is delinquent, provide the amount of such delinquency and advise the customer that the service will be discontinued five (5) days from the date of such notice unless the customer within such time pays such account or appeals the decision to terminate the service to the City Manager. An appeal to the City Manager shall be commenced by the customer filing a written request with the Director of the Utilities Department within five (5) days of the date of the notice provided for herein. Complaints relating to bills shall be made before the due date shown on the bull. Where the customer has not been billed for services rendered, the City shall have the right to back bill for any such services. -19- Ord. #1836 6/7/79 sh'd"i:i..N[f ?I.?}, ?,•t'• .. \Njµ-Fw. `\! 1 A .. 1'a;}e71 ±,#i T}?I 41 "1f 0'? S??.. L'? l.i•, C•:?Y"!°` ??'?$!?'?.q <a-t•?,,?.??.t 7,,. ..?," 1: I I I?1 1 I Section 24-7. Ci to Have Lien for Charges, Assessments When Same Effective. The City shall have as security for the collection of any utility rates, assessments or charges due or to become'due, for the use or consumption of utilities supplied to any building or to any premises, lot, piece or parcel of land, a lien upon such building and upon any premises, lot, piece or parcel of land upon which such building shall be situated or to which such utilities are supplied. Such lien shall become effective immediately upon the distribution of the utilities to the premises or property supplied. Section 24-8. Resolution Making Lien Final and Notice of Lien. Every six months or less the City Manager shall present to the City Commission a list of properties with unpaid utility charges scatting forth the owner's name, location of the property and amount of unpaid utility charges. The City Commission after notice to each property owner named on the list shall, following any public hearing, consider the adoption of a resolution making the lien described in Section 24-7 final. Upon the adoption of such a resolution, the utility lien for the amounts contained in such resolution shall be and constitute a lien superior in dignity to all other liens and encumbrances of whatever kind and character save and except ad valorem taxes levied and assessed by the State of Florida, County of Pinellas or City of Clearwater, and shall remain a lien against each such property until paid. Following adoption of the utility lien resolution, the City Manager shall immediately cause such resolution to be filed with the City Clerk. The City Manager may file and record, in the office of the Clerk of the Circuit Court of Pinellas County, notice of the utility liens against each such property, showing thereon the amount of the lien and a legal description of the property. Section 24-9. Discontinuance of Service; Suit for Collection of Charges, Assessments. The City, by and through its officers, agents or employees, may, subject to the notice'and appeal process provided in Section 24-6, discontinue utility service to any buildings or any premises, lot or any parcel of land-upon which any utility rates, assessments or charges referred to in this article are delinquent and against which the lien referred to in this article shall be accrued, or may institute suit for collection of such utility rates, assessments or charges in any court of competent jurisdiction. No discontinuance of service nor any attempt to collect such utility rates, assessments or charged by any process shall in any way invalidate or waive the lien upon the premises. Section 24-10. Foreclosure of Lien. At any time after the expiration of thirty (30) days from the date of.adoption of the resolution provided for in Section 24-8, the City may proceed to foreclose such lien or liens in the same manner as provided for the foreclosure of a mortgage by the laws of the State of Florida. -20- Ord. #1836 6/7/79 ,3 P 13 µ 1Ja ... .??5: .... .. ? ... -:-r-'?.r_S.'r •. _,??: f. ,_ ,.?:?'.!',F.???i??.a,:.:.4i`-K?YIA'?`??w:c s'f!i•3'.i+ilia'?i.?v..s.it:Jicr'".R{:i1R?.a@`ti?„°Y>'1 • 1 ? 1 1?? 1 1 y Section 24-11. RESERVED. '' Jt``??1'tr,' 'd ?i r it ? • .. •?le? r ??Ip `?e rr ili??(s.k?? ?1 Section 24-12. Functions of the City Manager. ? •i~ .s?J?f I The City Manager or his designee shall have the following duties= (a) To conduct hearings on those situations where a customer appeals a Utilities Department decision to terminate utility i ', •"y'4t'? = serv ce. ; ,r ,al5 ,., (b) To conduct hearings on appeal from those applicants denied utilities service by the Utilities Director because of prior utilities indebtedness es. -? AgT ' (c) To hear complaints against the Utilities Department. (d) To make recommendations to the City Commission relating to paragraphs (a), (b) and (c) above. Section 24-13. Termination of Service; Customer A22ealss. The Director of the Utilities Department shall forward to the City Manager within ten (10) days of receipt of a written F request for hearing those customer account or accounts where '<1 pursuant to Section 24-6 a customer has appealed a notice of intended termination of service or appealed a withholding of service. Prior to the hearing, the Director or his designated i representative shall notify the customer that a hearing has been. , scheduled before the CityMa-nager or his designee to consider . such appeal of the decision to terminate or withhold service to the premises, and the customer shall be informed of the date and time and place of such appeal hearing. The customer may appear ' at such hearing and shall be permitted to present reasons why such service should not be terminated or withheld. Immediately following the hearing, the City Manager shall issue his recorn- mendation, setting forth his findings with respect to the evidence presented, and his detexrnination whether or not the service should y be continued, terminated or reinstated. ; y i' -21- . Ord': =;1836 6/7/79 ?k IM 1 0 Section 24-14. Withholding Service for Prior Utility Indebtedness, Subject to the right of appeal to the City Manager pursuant to Section 24-13, the City may withhold or discontinue utility service rendered under any application made by any member or agent of a family, household, organization or business unless all prior utility indebtedness due by such family, household, organization or business is paid in full. Section 24-15. Return of Payments Prohibited. Except for deposits required for initial utilities service, no moneys properly paid to the City under this Chapter. may be refunded. Section 24-16. Certain Acts Prohibited. It shall be unlawful for any person either inside or outside the corporate limits of the City to tap, cut in, connect to or in any way use any line, branch or part of either the water, wastewater system, storm sewer system, sanitation or gas system of the City without first complying with the provisions of this code. Section 24-17. Inspection of Premises; Discontinuance of Service. As a condition of receiving or continuing to receive utilities service from the City, the duly authorized representatives of the City shall be permitted at reasonable times to make necessary inspections of utilities facilities on private premises where such inspections are reasonably necessary to insure the compliance with the ordinances of the City relating to such services. If for any reason access is denied, a written notice will be delivered or mailed to the premises and to the owner, if not owner occupied, stating a reasonable time in which such inspection is needed to be made, the reasons therefor, and the effect of failure to allow such inspection. If the City's duly authorized representative is then denied access to the premises for such inspection, the City may then discontinue all utilities services to such premises until such inspection is permitted. Section 24-18. Information to Customers. Upon request of any customer of the utility system, it shall be the duty of the utility providing service to provide the customer a copy or explanation of the utility's rates applicable to the service furnished or to be furnished such customer. A5 _ • M ,. -22- Ord. #1836 ?'?q'?V;y?::y ,;, `5:?74y L/..? y ??,.??fi'• .?}'^??' bii;'C 6/7/79 + ? 1 1 11 I ' 1 ARTICLE II - GAS Section Z4-19. A Separate System. 41 All municipal utility properties of the City supplying gas service in and to the City and citizens and inhabitants and users thereof, shall be controlled, operated, and maintained on a separate basis apart from all other City utility services. See Section 24-5 for deposit, fees, service charges and rate schedules. Section 24-20. Applications. Applicant who desires to connect his property, place of business or residence with the gas systemcf the City shall comply with the provisions of this Chapter and shall pay deposits, fees or connection charges at the time the written application is tendered to the Utilities Director. Section 24-21. Permits. See Gas Code 1965 for Permits. See Section 24-5 for Permit Fees. Section 24-22. Tapping and Connection, By Whom Done; City Property, Tapping of all mains and service connections from the mains to the property line shall be done by the City Gas Department. Title of all service connections from the main to the property line, meters and meter installations is vested in the City, and the same shall at all times be the sole property of the City, and shall, not be trespassed upon or interfered with in any respect. Such City property shall be maintained by the City Gas Department and may be removed or changed by it at any time. Section 24-23. Meters--City to Regulate; Cost of Maintenance; Responsibility for Damage. The City Gas Department shall have the right to meter any and all customers. The City Gas Department alone shall have the right to stipulate the size, type, make, location and type of meter settling. All meters shall be maintained by and at the expense of the City, insofar as ordinary wear and tear is concerned. The customer will be held responsible for damage or other external causes when such damage results from the negligence of the customer. When such damage occurs, the City will furnish and set another meter and repair the one damaged and the cost of such repairs, including replacement parts, labor and transportation charges, shall be paid for by the customer. -23- Ord . #1836 6/7/79 .?s, 'e 'r tK wrii •w. .+ r ?,f.? ?'t i16 ?e?, r•a st P 't•+Y" .?F74T, I V1, ,•(•r,•... 1'.rf?".? ??i...dL•?rn?:'{_..+ ....eY.G?:•ar.?st?':•s"f..-M.i':.vf'c',s1..S?..?'.?F,+tl?,?`ar:{.'aLr'.i?-f`I.`???:. !3ufF?A;L??. .'" f .x':• j?? J•"`S Ie?: g4'?•' 1? J ,S•r,i :eC:.i`:r..' E +t i E 7 ? . gg= « ?yyy jar N , Section 24-24, Meter Locations. In compliance with the Federal Standard 192.353: -Y 3 (a) Each meter and service regulator, whether inside or ; outside a building, must be installed in a readily accessible x location and be protected from corrosion and other damage. (b) Meters and service regulators should be accessible for reading, i d f gas operat on o inspection, repairs, testing, changing an "j shut-off valve. 1` `? '. •°'? X ? (c) The meter location should normally permit the installations ? ?t W i of the service in a straight line perpendicular to the main. r j * Section 24-25. Service Charges, Installation Costs and Rate Schedules. See Section 24-5 of this Chapter. Section 24-26. Gas Code. The installation of gas pipes, fixtures, appliances and other equipment and appurtenances shall be installed in accordance with the 1965 Gas Code of the City of Clearwater, Florida, as further referenced in Section 7-75 of the Code of Ordinances of the City of Clearwater. Copies of the 1965 Gas Code are on file in the Office of the City Clerk. Section 24-27. _Liability. The City is responsible for the gas in the service lines. By Federal Standard, Section 192, 3 "service line" means a distribution line that transports gas from a common source of supply to (1) a customer meter or the connection to a customer's piping if there is no customer meter. A customer meter is the meter that measures the transfer of gas from an operator to a consumer. Section 24-28. Accounts Due; Method of Billing and When DeLin uent See Section 24-6 of this Chapter. Section Z4-Z9. _City to Have Lien for Charges, Assessments When Same Effective. See Section 24-7 of this Chapter. Section 24-30. • Resolution Making Lien Final and Notice of Lien. See Section 24-8 of this Chapter. 11 Section 24-31. Discontinuance of Service; Suit for Collection of Charges, Assessments. See Section 24-9 of this Chapter. r' Ord: #1836 -24- 6/7/79 ?r r04 !Y•?C ' r C. Section 24-32. Meters--Quanti!X of Gas Recorded Is Conclusive; Exception, y; ?° ;?'. =•r:.+'.`w;r;_ The quantity recorded by the meter shall be conclusive - '' r`z<°'°;'`:=?•:t , except when the meter is found to be registering inaccurate) y or has ceased to register. In such cases, the quantity may be ; :° J1,.. , :?f..? . ?';:s;. °t ; determined by the average registration of the meter in a . - ? , . , • corresponding Past period or by the average registration of the new meter, whichever method is, in the opinion of the City, representative of the conditions existing during the period in question. Section 24-33. Meters--Testing. The City Gas Department reserves the right to remove or test any meter at any time and to substitute another meter in its place. In case of a disputed account involving the question of accuracy of the meter, such meter will be tested by the City upon written request of the customer; provided, however, that the meter in question has not been tested by the City within the previous two (2) years. The customer agrees to accept the results of the test made by the City. If the meter tested is found to have an error in registration in excess of three per cent (30/0) as based on the arithmetical average of one-fourth load and full load of the meter, there will be no charge for the testing; but should the test show error in registration less than three per cent (37o) there shall be a charge for testing the meter. The billing for the testing will be charged to the customer's account. Section 24-34. Only Authorized Person to Turn on Gas. (a) It shall be unlawful for any person other than an authorized employee of the Utilities Department to turn on, or in any way tamper with or damage any meter which has been turned off by the City. The customer serviced by the meter shall be held responsible for any such actions. See Section 24-5 of this Chapter. (b) Pipes Not Authorized. A fee shall be charged for the removal of an unauthorized straight pipe or device which has been installed in lieu of or in addition to a meter, except where the pipe or device has been authorized in writing by the City. See Section 24-5 of this Chapter. (c) Open Meter By-Pass Servicing. A fee, over and above the bill established from the meter reading, will be charged for the service of turning off the meter by-pass valve, when such opening was not previously authorized in writing by the City. See Section 24-5 of this Chapter. (d) Broken Stop Locks. A replacement fee shall be charged for the replacement of curb stop locks, broken or removed from the customer's service line. See Section 24-5 of this Chapter. -25- A. 11836 6/7/79 :r.. .. .. ?. ikMS Me 1 r 0 Section 24-35. ARTICLE III - WATER A Separate Sys tern. 0 The present water system of the City, together with any and all extensions thereof and replacements thereto or facilities hereafter acquired by the City, shall be controlled, operated, and maintained on a separate basis from all other City utility services. See Section 24-5 of this Chapter for deposit, fees, service charges and rate schedules. Section 24-36. Temporary Service. (a) Temporary service, such as service for circuses, fairs, carnivals, construction work and the like, shall be rendered upon written application accompanied by a deposit sufficient to cover the City's estimate of the cost of water to be consumed, materials, labor and any other expense incurred by the City in rendering such service. Upon termination of this service, any balance of this deposit shall be refunded to the consumer. (b) Temporary service, such as for circuses, fairs, carnivals, construction work and the like, may also be rendered by installing a meter on an existing fire hydrant, at the option of the City. Service may be rendered in this manner upon written application accompanied by a nonrefundable meter installation and removal charge, and a deposit refundable upon the safe return of the meter. The application for temporary water service to be provided in the manner established herein shall contain a warning that such hydrant water hae not been tested by the County Health Department as being fit for human consumption. Water used through such a temporary meter shall be paid for at the prevailing general water service rate.' This type of temporary connection shall be allowed for a maximum time period of sixty (60) days, but may be extended at the discretion of the Utilities Director. (c) It shall be unlawful for any person to use water from or in any manner to connect or tamper with any fire hydrant except for employees of the Fire Department in performance of their duties, or an employee of the City engaged in installing or maintaining fire hydrants, or for temporary fire hydrant service as defined in this section. Section 24-37. Ta in and Connection, (a) B Whom Done; Ci Property. Tapping of all existing mains and service connections from the mains to the property line shall be done by the City Water Department. Title of all service connections from the main•to the property line, meters, and meter installations is vested in the City, and the same shall at all times be the sole property of the City, and shall not be trespassed upon or interfered with in any respect. Such City property shall be maintained by the City Water Department and may be removed or changed by it at any time. .;. 26- Ord. #1836 6/7/79 v? a y . :Y+,: 1 ? ey.?? ,„5,? .ri ? ?+ ?`F i.. :fr .y ....Wyk ? ^:}r?t;a'`'t``. LM?Fyf'S.? '•??N• <j ??•' ?c ASS.`;.3?t??-4?4`.•S;e`"°. ` 'd'''{?','.?,'r.i:'?''i..•?'."s ` }, :.d"•, ?„ k ? 3 ? S' ' x •j . ? #i:.. r s ? 1. i-: Fr .t'. e'v. i r:. r.?. r..,l.r .5 `.1?.i .r,s 'x s y 1 l.f. ? h??it? ?.i:5'G ref, :r 5.1'. tr S.F; ..(. ..Y4: •.:h i_4 •:5 .?'J:`.li ?.:f d,'!K,'.{•F.? 4 1 x 1 . 1 ?5 1 (b) Furnishing _Equipment, Cost, Deposit, Rate Schedule and Tag Fees. The City Water Department shall furnish and install equipment for residential, commercial, lawn, business and other purposes and will charge for such furnishing and installation according to a schedule of fees therefor to be established by ordinance by the City Commission. All charges according to the schedule shall be paid when applying for service, and all charges for services, pipe, and, meters outside of the City limits shall include a twenty-five per cent (25%) surcharge. See Section 24-5 of this Chapter. (c) Stop & Waste _Cock. Every service pipe must be provided by the customer with an easily accessible and fully protected stop and waste cock on the outside of the foundation wall where the pipe passes through. (d) One Premises Per Pipe do Water Meter. All installations or re-installations of service lines to each premise or structure shall require a separate service pipe and water meter. When more than one premises is now supplied through one service pipe and under the control of one curb cock, any violation of the rules of the City Water Depart- ment by either or any of the customers so supplied, shall be deemed a violation by all and the City may take such action as could be taken against any single customer except that such action shall not be taken until the innocent customer who is not in violation of the City Water Department rules has been given a reasonable opportunity to attach his pipe to a separately controlled service installation. (e) Liability for_Escaping Water. The City shall not be responsible for maintenance of or for damage caused by water escaping from the service pipe or any other pipe or fixture on the outlet aide of the water meter. (f) Cross Connections. No cross connection between the City•water supply system and any other water supply will be allowed unless protected by a back flow preventer. Any existing or proposed water supply cross connections must be approved by the City Water Department and the Health Department. If the customer fails or refuses to disconnect or properly protect the water supply connection, the City shall discontinue service until the connection has been properly disconnected or protected. (g) Liability of Service. The liability of the customer shall begin on the day the customer's line is connected to the City's water main and shall continue thereafter unless disconnected for non-payment or other cause or until written notice is gkyen the City by the customer to terminate the service. ..27. Ord.. N1836 6/7/79 ?.13`t ??'4ti•?'?.ti _'?it yam. ?r's-?"#?G F r 5 ? -r: ..i E., • 'Ff'7, dF' t+!??;,s??r b,?r.,-y,N,",..i. r?.w,?!kt'ek? '^??'?+ ?a r, . F?-?..:. r ? •. ..?' S?..3?. t. ?.;r?,?'. ?t ?,.??i?K??e"' i;? ? ,•?.L•' - ?.6 j ,?. r ! ?r ?i?{S ?t ' ?c ?},;nc a- ?. n' r.} ?'•?v -" -?i`+` `P ? ??".?i. ? r WAY ?1?, iw''? i??T'}7'F Cjs.:^v«rt??f11?{-•r?;F,'s -,??'`C'? r'4"'s?te14:,'•`° y4?8,? ;`o'S, '„t+'! ?[- :k?'r ,t ti,. ????;? r?1+'•i',: i?'.7.1t' ?S•Cri'1 :, 3'w.. °i ENWA Section 24-38. Meters--CU to Regulate; Costof Maintenances Res2onsibili!?r for Damage. The City Water Department shall have the right to meter any and all customers. The City Water Department alone shall have the right to stipulate the size, type, make, location and the type of meter setting. All meters shall be maintained by and at the expense of the City, insofar as ordinary wear and tear is concerned. The customer will be held responsible for damage as a result of hot water, or other external causes when such damage results from the negligence of the customer. When such damage occurs, the City will furnish and set another meter and repair the one damaged and the cost of such repair's, including replacement parts, labor and transportation charges, shall be paid for by the customer. Section 24-39. Meters--Each Customer Must Supply Check and Relief Valves; Direct Pressure Hot Water Tanks. Each customer shall be required to install a check valve and relief valve in the service line on the outlet side of the meter to prevent the return of hot water to the meter. The City will not supply water to premises where direct pressure hot water tanks or appliances are used except where the customer agrees to accept liability and any or all damage occasioned to the City water supply and metering systems by reason of the use of such tanks or appliances. Section 24-40. Meters --Quantity of Water Recorded is Conclusive; Exception.. The quantity recorded by the meter shall be conclusive, except when the meter is found to be registering inaccurately or has ceased to register. In such cases, the quantity may be determined by the average registration of the meter in a corresponding past period or by the average registration of the new meter, whichever method is, in the opinion of the City, representative of the conditions existing during the period in question. Section 24-41. Meters--Testing. The City Water Department reserves the right to remove or test any meter at any time and to substitute another meter in its place. In case of a disputed account involving the question of accuracy of the meter, such meter will be tested by the City upon written request of the customer; provided, however, that the meter in question has not been tested by the City within the previous two (2) years. The customer agrees to accept the results of the test made by the City. If the meter tested is found to have an error in registration in excess of three per cent (3%) as based on the arithmetical average of one- fourth load and full load of the meter, there will be no charge for the testing; but should the test show error in registration less than three per cent (3016), there will be a charge for testing the meter. Charges for such testing shall be applied to the customer's account. See Section 24'-5 of this Chapter for schedule of fees. _28- "Ord. #1836 6/7/79 MR 'r .i r ,19 nt ?Mg+r{{r yy? f, ?t,.??: vC'w.av r.¢ .?".M1'r?+e"d'*'?7y".?..s?N?ftS`5?l(M`tt?i7+7?'9lrlfj: ..?F^', p` •,,.?''• .'+ ?. G. ..? .%;"_.. a, o.?f. .. .. ,c ,... :... - - .... .._•3•ir,'. ?° ?.,.i5?&1':.;?:.a7:?t?M.'::.'.."?,"svr sa5r4 r..'????.?t'?s?LC..:'i:.??:-?, i.S•:?_5:-?:z A Mr M .' ?t Section 24-42. Meters--Tampering With. No person other .than an agent of the City shall remove, inspect or tamper with the water supply meter or any other,part of the water supply system located on the premises. Tice customer shall notify the City of any damage to or any failure of the meter. Section 24-43. Only- Authorized Person to Turn On Water. (a) It shall be unlawful for any person other than an authorized employee of the Utilities Department to turn on, or in any way tamper with or damage any meter which has been turned off by the City. The customer serviced by the meter shall be held responsible for any such actions. (b) Str?,2ight Pipes Not Authorized. A fee shall be charged for the removal of an unauthorized straight pipe or device which has been installed in lieu of or in addition to a water meter, except where the pipe or device has been authorized in writing by the City. See Section 24-5 of this Chapter for fee schedule. (c) Open Meter By-Pass Servicing. A fee, over and above the bill established from the meter reading, will be charged for the service of turning off the meter by-pass valve, when such opening was not previously authorized in writing by the City. See Section 24-5 of this Chapter for fee schedule. (d) Broken Stop Locks. A replacement fee shall be charged for the replacement of curb stop locks, broken or removed from the customer's service line. See Section 24-5 of this Chapter for fee schedule. Section 24-44. Service Pipes for Buildings Two or More Stories In Height. Water service pipes in buildings of two or more stories in height must be installed by approval of the Superintendent of the Water Department. Larger service pipes will be required in buildings of two or more stories in height to give an adequate water supply and a more satisfactory service. Penalty for non-observance of this rule will be refusal of, service until piping is corrected by owner and approved by the Superintendent of the Water Department. Section 24-45. Shut-Off Valves. All service pipes shall have a suitable hand-controlled shut-off valve in a visible and accessible place, and must not be placed where it may be covered by walls or lattice work on buildings. Section 24-46. Cost of Be airs. The Water Department reserves the right and authority at any time to make all repairs from the water mains to the meter at the customer's expense. Any other repairs shall be made by the owner. -29- Ord #1836 6/7/79 .t 1 '". r ,t .t0. ??•. r I W, Section 24-47. Meddling with H drants. vr1 It shall be unlawful for any person, not an authorized employee of the Water Department or the Fire Department, to open fire hydrants, gate valves, or to tamper with the waterworks, equipment, signals, shut off boxes, meter boxes or the service shut-off cock, except in case of accident or for necessary repairs. Section 24-48. Special Fire Protection Service. Special fire protection service for any building will be made at property owner's expense. Connection to main will be made by Water Department and charged for at cost of material and labor. A detector check with by-pass meter will be required. This service will be used for fire protection only and no other connection other than fire hose or sprinklers will be allowed on this service. This service will be installed by approval of the Superintendent of the Water Department, and all valves on hose connection will be sealed by him. Valves will be opened only for testing, and in case of fire within the building. The Superintendent of the Water Department must be immediately notified when sales are broken. Failure to comply will be cause for discontinuance of the free service, and a meter shall be installed at the property owner's expense before such service will be resumed. The Water Department will not be responsible for any damage on account of failure of water supply. Any consumption shown on by-pass meter will be billed at domestic rate. Section 24-49. Allowance for Leakage. An allowance will be made for invisible underground leakage, if unknown to the customer, but no further allowance will be made after the customer is notified of such leakage. The allowance will be one-half of the amount of water used in excess of the average monthly consumption. Section 24-50. Steam Boilers and Other Hot Water Plants; Valve Requirements. Any person using water from the City water mains for steam boilers or hot water plants of any kind will do so at their own risk. Service pipe for such purposes must have a check valve placed in the water line to prevent hot water from back-flowing into water mains. This valve must be placed with the approval of the Superintendent of the Water Department. Any damage that may occur to the meter due to defective valves shall be charged to the customer. Section 24-51. Reserved. t? W a k ? r? '?ti .Sia. F°"c, r '"' A ?"3;A}',?'?l-".',. ??'q»:..tn. ,?,TS+v: ,'r.?p?4a; ?Y^??'F4?`' '" +';tat?*•p',?'''w'rt'i'..,.>fr; -;; :t pe! '.Yids`' `r.'- '' ,. .? .?-'?' ? ::?y '* e.: : i°?. .?. ?.': i? ;5,: '.?S"G' .. c'.k ?y? '„y?.'ri? ?; -j ? 5• ??'? r }} ?. eyY w 's e>>?????^L?4;?1?>' 3*i.,?j??. ??C•d,;?i"d,;'? ?'a?.;^ 4 v:?i;8 ??:r ?'=`Tiaga,-?'taufl,l it Sw ?.., 1 is .?' w .7,?at'. .3'' iif'i.?:' ?;. :i:' ..}"»: ."?a?.i ^? ` S . •?! •'?E?• ?t' ?` ? ?! ! I }' ? ?. f{ ' r 1 1 Section 24-52. Water Impact Fee. 4 A water impact fee, payable at the Building Department, shall i be assessed at the time of original building permit, and must be v: paid for by the applicant for water service at the issuance of a it ( plumbing permit, See Section 24-5 of this Chapter for fee schedule. ??an Section 24-53. Water Impact Fee--Use of Funds. v° ?`?., F }F All funds received by the City as a water impact fee shall be kept ` in an account designated as such and may only be used as appropriated by the City Commission in payment for capital improvements pertaining to the production, treatment and transportation of water, or for debt service requirements in connection with such capital improvements. Section 24-54. Inspection of Plumbin & ,Connections. No water service shall be connected until the plumbing and connection incident thereto shall have been inspected and approved by the City Plumbing Inspector. Section 24-55. Liability of City; Restricting Use of Water. The City shall not be liable for any damage resulting from the bursting of any main, service pipe or cock, or from the shutting off of water for repairs, extensions or connections or from the accidental failure of the water supply* from any cause whatsoever. In case of emergency, the City shall have the right to restrict the use of water in any reasonable manner for the protection of the City and its water supply. Section 24-56. Reserved. ARTICLE IV - WASTEWATER Section 24-57. _Entire System a Public Utili The present wastewater collection system of the City, together with any and all extensions thereof and replacements thereto, and the wastewater treatment plants now operated by the City and any and all such plants hereafter acquired and operated by the City, be and the same are hereby established and declared to be a public utility for the use and benefit of the City in the maintenance of public health, welfare and sanitation throughout the City. The system shall be controlled, operated, and maintained on a separate basis from all other City utility services. See Section 24-5 of this Chapter for deposit, fees, and rate schedules. -31- Ord. 01836 f 6/7/79 y? y a: 5 1 •. i t + n Section Z4-58. Connection-OnlyAuthorized Persons to Enter or Connect. No person other than an authorized City employee shall enter any public sewer or appurtenance thereof, or make any connection thereto without a written permit from the proper municipal authority. Section 24-59. Connection--Application, Fee. (a) Any person who desires to connect his property, place of business or residence with the wastewater collection system of the City shall comply with the provisions of this Chapter and shall pay the connection charges. (See Section 24-5 of this Chapter. ) (b) Tapping of all sanitary sewer mains and service connection frorn the mains to the curb line of private property will be done and installed by the Public Service Department. Title to all connections and services from the sewer main to the curb line is vested in the City, and the same shall at all times so remain and shall not be trespassed upon or interfered with in any respect. This property shall be maintained by the Public Service Department and may be removed or changed by it at any time. (c) The Public Service Department shall furnish and install necessary pipe, fittings, and equipment to provide the requested service in accordance with the provisions of the City plumbing code, type and location of sanitary sower mains and sound engineering practice for base charges for sewer taps and connection fees. (d) The fees prescribed must be paid at the time a plumbing permit is issued by the Building Department. (e) Sewer to fees--Use of funds. All funds received by the City as sewer tap fees shall be kept in a separate account and such funds may only be used as appropriated by the City Commission in payment for capital improvements pertaining to wastewater force mains, trunk lines, pumping stations and the treatment and disposal of wastewater or for debt service requirements in connection with such capital improvements as herein specified. Section 24-60. Connection--Permit Required It shall be unlawful for any person to tap, cut or in any way use any line, branch or part of the wastewater collection system or utility, without a written permit issued by the Building Inspector of the City and without the payment of all rates and charges required by the City for the use of such utility. Section 24-61. inflammables, Explosives Prohibited. No person shall make or maintain any connection with any public or private wastewater system or storm sewer system, or appurtenance thereof, whereby there may be conveyed into the same, any suffocating, corrosive, inflammable or explosive liquid gas, vapor, substance or material. Ord. #1836 -32- 6/7/79 eds. w? 4 1lT ? ? l t "FBI t r I r I 1 r1 1 r ' r 1 , Section 24-62. Obstruction of Flow Prohibited. 0 No person shall do any act or thing which may impair or obstruct the flow of any public wastewater system or storm sewer system or clog up any appurtenance thereof, or place therein any substance, solid or liquid, other than the waste products for which sewers are provided. Section 24-63. Privies. It shall be unlawful for any person to construct or maintain any privy of any type where water under pressure is available on or adjacent to his property. Where such water is not available, the construction and maintenance of all privies shall comply with the rules and regulations of the County Health Officer. Section 24-64. Schedule of Service Rates. (a) There is an established uniform schedule of rates and charges for the use or availability for use of this utility. See Section 24-5 of this Chapter, (b) The sewer service charges shall not apply to sprinkler or irrigation systems separately teetered. Section 24-65. Basis Where Water is Unmetered. Premises which have a source of water other than the City water system, the spent or used water from which goes into the City sanitary sewer system, shall pay a charge according to the schedule provided in Section 24-5 of this Chapter based upon an estimate of the amount of water going into the sanitary sewer system. In the event of a disagreement as to the amount of such water reaching; the sanitary sewer system, then, a metering device or devices shall be installed to determine that amount. Section 24-66. No Free Service. No sewer service shall be furnished or rendered free of charge to any person whomsoever. The City, County and State and every agency, department or instrumentality thereof, which uses any sewer service from such sewer system shall pay therefor at the rates fixed herein or as established by agreement. The sewer charge is considered an on-going charge. A minimum bill shall be rendered even though the water meter has been temporarily turned off. The charge will stop only after the premises has been sold and the Utility Department has been notified to that effect. -33. Ord. #1836 617179 d ,f :.ie? •1 tit( x ! ?4 f - i'J dal 4 i7ti Yq .-N ?f' • i i i A' C Y 1i; 0 NET ARTICLE IV-A - REQUIRED CONNECTIONS ? i" ? S ?' iy?t?i"•.rr:x?'-'4.+??:*sF*''u is Section 24-67. Sewer Connections Required, Authorized. (a) Within Without City. Except as herein specifically provided, all buildings designed for use for human habitation or occupancy located within the City shall be connected to the wastewater collection system by the City. Such buildings located outside the City and served by the City water system and to which the Clear- water wastewater system is reasonably available may connect to said system upon application to and approval by the City Manager and on payment of connection fees and monthly service charges as established by the City Commission for such outside property. (b) Certificate of Occupancy. No certificate of occupancy shall be issued for any such building within the City unless a sanitary sewer connection has been made thereto, unless the building or or plumbing inspector shall find that a sanitary sewer main is not reasonably available and that such a main will not be available by the time that such building is ready for use. Such inspector may find that such a main is not reasonably available to the property on which such building is located and does not abut on a sewer main or that a connection to said main is not feasible in the opinion of the City Engineer. Section 24-68. Time for Makin Connections. All presently existing buildings designed or used for human habitation or occupancy shall be connected to the wastewater collection system of the City if sewer mains are available. When future extensions and additions to the sewer system make additional existing buildings available to said sewers, connections shall be made within ninety (90) days after such mains become available. Proper sewer charges shall be billed after the expiration of said ninety (90) days, whether such connection has been made or not. Section 24-69. Alternative Wastewater Disposal Authorized for Certain Buildings; Limitations. All buildings designed or used for human habitation or occupancy that are hereafter erected in the City in locations where sanitary sewer mains are not available for connection at the time such buildings are completed or occupied, may be permitted to temporarily use septic tanks or such other method of wastewater disposal as may be approved by the applicable health authorities; however, such buildings shall be connected to the sanitary sewer system of the City within ninety (90) days after the system becomes available for connection. Section 24-70. Septic Tanks Authorized in Certain Instances. Where the City cannot provide adequate sanitary sewer facilities in any given piece or parcel of land within the City limits, upon which there is located or to be located a dwelling house or building in which sanitary facilities are needed or required, the owner thereof or a licensed master plumber, upon written application to the City Building Inspector, may obtain a permit to build a septic tank, providing that construction thereof is to be in conformity with all existing require- ments of the City and State laws, rules and regulations. No permit hereunder shall be issued more than two (2) weeks prior to the date construction of the building shall begin. Ord. 01836 -34- 6/7/79 1 .3 r14. S' 't r? ????,"`?"ri?i?.E 1;?r..??iYt. ., ,` oe_.: ??li??- ?... €z?, w.?ri?=.?' ?°x,i•.1 .':•i.?_?.... ??f _? .. ....? ...:'c:, ;t1?i,•s.i-:?. . Ise 0 01- r .,r Section 24-71. Regulations Governing Sewer Connection; Inspection;_ A roved. All connections to the sanitary sewers of the City shall be done in accordance with the provisions of the Plumbing Code of the City and in accordance with City, State and County rules, regulations and laws. All such connections must be inspected and approved by the City Plumbing Inspector and all fees and charges therefor due the City must be paid as a condition precedent to approval. Section 214-72. Issuance of Permits for Septic Tanks. (a) When_Re uired. No person shall, after January 15, 1962, construct, replace, clean or repair any septic tank in the City without first having obtained a written permit therefor from the City Building Inspector. (b) When Used. The City Building or Plumbing Inspector shall issue such a permit as a matter of course when it appears that the conditions set forth in Sections 24-69 and 24-70 of this Chapter prevail and it appears the use of such septic tank is lawful under the provisions of this Article. ARTICLE IV-B - INDUSTRIAL WASTES Section 24-73. Making or Maintaining Connections for Disposal of Certain Substances Prohibited. No person shall make or maintain any connection with any public or private sewer, or appurtenance thereof, whereby there may be conveyed into the same suffocating, corrosive, inflammable or explosive liquid gas, vapor, substance or material. Section 24-74. Discharge Into Storm Drainage_Sy_stem Prohibited. It shall be unlawful for any person to discharge industrial wastewater into the storm drainage system of the City. Section 24-75. Prohibited Wastes. Except as otherwise provided by this Chapter, no person shall cause to be discharged into any sanitary waste water system or storm sewer system any of the following described waste or waters; (a) Any liquid having a temperature higher than ninety-five (95) degrees Fahrenheit. (b) Any water or waste containing more than fifty (50) mg/L at any one time, or that exceeds a daily average of twenty- five (25) mg/L when sampled three (3) consecutive times within a twenty-four (24) hour period, of any grease or oil or any oily substance. (c) Any gasoline, benzene, naptha, fuel oil or other flammable or explosive liquid, solid or gas. Ord', #1836 ?i 4:ti4?.? 1?F A•,y?? (d) Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any wastewater -35- ?4 t'I .A' SS {??????11 CCCR. 5. treatment process, constitute a hazard to humane or animals, or create any hazard in the receiving waters of :Yy- the wastewater treatment facility. (e) All garbage including the wastes from the preparation, =',r' : ;r';'.?'•`. cooking and dispensing of food, must be shredded to such degree that all,partLcles will be carried freely under the flow conditions prevailing in public wastewater sowers, ?1. kse,': ., rod. with no particle size greater than one-half (l/x) inch in ,. .•..,,r,,.1,p,,?.,;•?r--? ..,. any dimension. (f) Any waters having a pH lower than 6. 0 or higher than 9.0 , and having any other corrosive property capable of causing.' damage or hazard to structures, equipment or personnel ..?F of the wastewater treatment facility. .f (g) Any water or waste containing toxic substances in quantities j in excess of the following limits and measured at the point of discharge into the sewer system: f Cyanides 0.01 mg/L Copper, Total 0.5 rng/L Chromium, Hexavalent 0.05 mg/L Chromium, Total 1.0 mg/L Cadmium 0.1 mg/L Zinc, Total 1.0 mg/L Cobalt 1.0 mg/L Silver 0.05 mg/L Manganese 1.0 mg/L Barium 1.0 mg/L Sulfides 0.2 mg/L Selenium 0.01 mg/L Nickel 0.5 mg/L Flouride 6.0 mg/L Detergents 0.5 mg/L Aluminum 1.0 mg/L Arsenic 0.05 mg/L Mercury 0.05 mg/L Lead 0.05 mg/L Iron 0.3 mg/L Boron 1.0 mg/ L or any substance that will pass through the wastewater treatment facility and exceed the State or Federal require- ments for the receiving stream. (h) Any water or waste containing suspended solids or SOD, COD of such character and quantity that unusual attention or expense is required to handle such materials at the waste- water treatment facility without a special permit. (i) Any toxic radioactive isotopes, without a special permit. (j) Any noxious gases. (k) Any ashes, metals, cinders, rags, mud, straw, glass, feathers, tar, plastics, wood or other interfering or obstructing solids. #1836 -3G- 6/7/79 1i"1,'`1 :. `,?, -'ry' 41;6}"/lS N 1 .4?" • 1. .i .1 y . W vmm y;a;?:. r..?:.i: ?:ti'?i^i.u.j ....? ?.. ....?•:v,...'. f.Y. _.?...,. ,.'4a}:l...S:'?x ?.3%:?'15 0 D No provision of the above sections shall be construed as prohibiting any special agreement or arrangements between the Utility Department and any person whereby an industrial waste of unusual strength or character may be admitted into the sanitary sewers for treatment by the utility either before or after. pretreatment. Section 24-76. Treatment of Industrial Wastes. The economy and desirability of the combined treatment of industrial wastes and domestic wastewater is recognized. However, not all types and quantities of industrial wastes can be so treated. Hence, it shall be the established policy to admit these types and quantities of industrial wastes that are not harmful or damaging to the structures, processes or operation of the wastewater treatment facility or are not specifically prohibited by this utility code. It is also recognized that to provide this service additional facilities are required and the cost must be borne by those persons receiving the benefits. Section 24-77. Approval Required for Industrial Wastes. In order to control the admission of industrial wastes, the discharge into the public sewers of any waters or wastes having the following characteristics shall be subject to review and approval of the utility: (a) A five (5) day, twenty (20) centigrade BOD greater than 300 mg/L. (b) A suspended solids content greater than three hundred (900) mg/L. (c) COD greater than 400 mg/L. (d) A chlorine demand greater than fifteen (15) mg/L. (e) An hourly flow rate greater than two per cent (2%a) of the average hourly flow rate of the treatment facility. (f) Any toxic substance; and (g) Any wastes which are considered by the Utilities Director to offer possibilities of harm to structures, processes or operation of the plant. Section 24-78. Survey Data Required. All users of the wastewater sewer system who are now .discharging industrial waste into the public sewers shall upon request of the Utilities Director or his authorized agent obtain and file with the Director within two (2) months, a questionnaire which shall furnish pertinent data, including quantity of flow and an analysis of the discharge to the public sewers. -3.7- ',,.Ord. ,'Ord. #1836 6/7/79 rr ' ' 4. M ?,??t i _. -s??fi? yam"-+z.?,'+?. ?•9y4.. s,s•i.s?t?rp ???Ka . Similarly, any person desiring to make a new connection to the wastewater collection system for the purpose of discharging industrial waste to the public sewers, shall execute and file with the Utilities Director or his authorized agent an industrial questionnaire which shall furnish pertinent data including quantity of flow and an analysis of the industrial waste to be discharged into the sewer system, for his study and recommendations. Such now measurement and analysis shall be at the user's expense. The applicant for the building sewer permit shall notify the Director when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision and approval of the Director or his designated representative. Section 24-79. Sampling and Analysis, Samples shall be a composite over not more than a three (3) day period of operation of the actual quality of the wastes. Samples for analysis must be collected by a City employee. Analysis shall be made by a graduate chemist, laboratory technician, or a Class A or B wastewater treatment plant operator, qualified in accordance with standards established by the Department of Environmental Regulations, and registered in this State, using the laboratory methods for the examination of industrial waste as set forth by the Department of Environ- mental Regulation and the Environmental Protection Agency. Section 24-50. Extension of Time. When, due to the size or complexity of the waste disposal problem of an industry, it can be shown that it is impractical to meet the schedule imposed hereunder, a request for an extension of time may be presented to the Utilities Director. Section 24-81. Control Manhole. Any person discharging industrial wastes into the wastewater collection system shall cause to be constructed and maintained at his expense a suitable control manhole or manholes downstream from any treatment, storage or other approved works, to facilitate observation, measurement and sampling of all wastes, including domestic wastewater from the premises. The control manhole or manholes shall be constructed and located and built in a manner approved by the Utilities Director and shall include a flow measuring device. The control manhole shall be accessible to the City at all times for sampling. Section 24-82. When Pretreatment Required. The user of the wastewater collection system shall provide at his expense such preliminary treatment or handling as may be necessary to modify the characteristics, or concentration of wastes to satisfy the limits set forth in this utilities code. :! -36- Ord. #1836 6/7/79 I 1 1 i,l I , • . 1 1 _r. rS 1 Section Z4-83. Right-of-Entry. The Utilities Director and other duly authorized employees ,_ •.;°:? l•??,a,:,k??`?" of the utility department bearing proper credentials and • ? ' ' e f?. I y , F identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this j.Y. '?• .'.6..?. ';,s , ' utilities code. Section 24-84. Special Rates. ; ' E:`: . ° :r `' ° Discharge of abnormal strength wastes into the sanitary W, •? . ,r , n sewers is prohibited or limited under the provisions of this `??`? ?r?=• - `•`?• ?-^. -•i• N; •z utilities code. A surcharge shall be imposed upon customers discharging abnormal strength wastes. , The term "abnormal strength wastesff as used herein shall refer to the degree of concentration of permissible waste material per unit volume of wastewater discharged by the customer. Abnormally high strength waste shall be waste containing a BOD above 300 mg/L or suspended solids above 300 mg/L or a COD above 400 mg/L. Section 24-85. Surchar a for High-Strength Waste - Computation. A surcharge shall be imposed where the wastes from any lot or parcel of land upon which there is located any institutional, commercial or industrial plant or building containing an abnormally high BOD or suspended solids concentration as defined in the above Section 24-84. The surcharge imposed by this code shall be computed by multiplying the strength (mg/L) of each constituent above 300 mg/L times the metered water used during the billing period in millions of gallons times a treatment surcharge factor and dividing by three hundred (300). 600 mg/L is the maximum acceptable BOD or suspended solids concentration. Section 24-86. Surcharge for High Strength Waste -,Sur- charge Factor - Compliance. The surcharge factor shall be derived annually from the following formula. Surcharge Factor = Cost of treatment per million gallons. Cost of treatment per million gallons = operational cost of City's wastewater treatment facilities for the preceding fiscal year (including pro rata administrative costs) divided by the total wastewater flow through all plants in millions of gallons. All users of the wastewater collection system affected by the surcharge shall be allowed ninety (90) days in which to comply. -39- t' rqSG' ,Ord. X1836 6/7/79 t r Section 24-87. Additional Ad3ustments. Nothing in this code shall restrict the City from making additional adjustments in rates if it is felt by the Utilities Director or his authorized agent that the nature or quantity of this waste creates an additional burden on the system. Section Z4-88. Right of Refusal. The City hereby reserves the right to refuse waste from any lot or parcel of land upon which there is located any institutional, commercial or industrial plants, building'or structures which do not comply fully with this utilities code or that does not utilize City water or that does not supply proper metering of its wastes or that is not within the City limits. ARTICLE V - SOLID WASTE MANAGEMENT AND WEED CONTROL Section 24-89. Entire System a Public Utility. The solid waste management, refuse service and weed control functions of the City are combined to form a separate public utility for the use and benefit of the City in the maintenance of public health, welfare and sanitation throughout the City. See Section 24-5 of this Chapter for deposit, fees, service: charges and rate schedules. Section 24-90. Collection b City Exceptions. All refuse accumulated in the City shall be collected, conveyed and disposed of by the City government. (a) Exception for Commercial Establishments. This article shall, not prohibit the actual producers of refuse, or the owners of premises upon which refuse has accumulated from personally collecting, conveying and disposing of such refuse, provided such producers or owners comply with the provisions of this article and with all other governing laws and ordinances. (b) _Exception for Outside Collectors. This article shall not prohibit collectors of refuse from outside of the City from hauling such refuse over City streets prescribed by the Sanitation Superintendent provided such collectors comply with the provisions of this article and all other governing laws and ordinances. (c) This article shall not prohibit a private collector holding a permit issued by the City from placing and servicing roll-off containers. {4 _ .Ord,: 11836 -40- 6/7/79 A l ? k ^A A . ,, ay ' rf, .` r a . r ,z. - .• °' 'o'.R i.'? ?° + t Vii} '?d ci '?' '??:'? ,?"n':e ??: '????' {,!, 4?t:_..,.d4:.,....N.,.'-.fatii:itita.•t'.'..:E ., .,....._.__?'ii?.'..:-rti:.,?.::?rf.?'?.S ziiY?•r-:1:+Z'i????c?_:'4±'as. rrr??;8j•'?-?r?:.-:?,:?:r'r>:-i':?-3?.;;'?3t't??L3?7?rjt?`-=+'sr in 0 r+ .? 1 1 Section 24-91. Superintendent; Powers; A eels from Action. .. I s ? All refuse accumulated in the City shall be collected, conveyed, L.'J•F? ! v :;'x;' . , and disposed of by the City under the supervision of the Sanitation Superintendent. The City Manager or his designated representative shall have the authority to establish the type of container, the frequency of collection, location of container, amount of refuse and garbage collection and disposal service needed. Any person' - • : ,;'';' '? :`' aggrieved by'a regulation of or fee charged shall have the right ? :.,. "-'•:, of appeal to the City Manager who shall have the authority to ' confirm, modify or revoke any such regulation or fee. ' Section 24-92. Precollection Practices. ',•.?•'r•?- ' G (a) Preparation of Refuse. . + ;M21'+4 •? (1) Garbage. All garbage before being placed in garbage cans for collection shall have drained from it all free liquids and shall be wrapped, bagged or enclosed in paper or other combustible material. (2) Trash. All trash shall be drained of liquid before being deposited for collection. (3) Leaves, Clippings and Trimmings. Any leaves, yard or hedge clippings, tree trimmings or any other type of rubbish or trash which, after being compressed, trashed, bent, cut, sawed or broken, is placed inside a receptacle approved by the City shall be collected regularly on scheduled garbage routes. Contents of such trash receptacles shall not be filled above the top rim of the container, and shall be deposited at curbside for collection. Single articles such as palm fronds and tree branches and limbs less than four (4) inches.in diameter and four (4) feet long shall be stacked at curbside for collection. (4) Dangerous Material. All dangerous material such as broken glass, light bulbs, razor blades, fluorescent tubes and all other nonburnable trash shall be deposited in a disposable container and placed at curbside for collection. No single article, item, material, tree, limb or shrub too large to be placed in the City's covered sanitation unit on said route, or too heavy for one man to lift without strain shall be accepted. No tree trunk or limb larger than four (4) inches in diameter or longer than four (4) feet, except palm fronds or other articles possibly injurious to a covered sanitation unit shall be collected by any City sanitation unit. (b) Refuse Containers. (1) Duty to Provide and Maintain in Sanitary Condition. Except in the case of cart containers provided by the City to be used in areas serviced by the City's one man collection trucks, and front end containers as furnished by the City, refuse containers shall be provided by the owner, tenant, lessee, or occupant of the premises. Refuse containers shall be maintained in good condition. Any container that does not conform to the provisions of this article or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof, shall be promptly replaced upon written notice by the City. The Sanitation Superintendent shall have the authority to refuse collection service for failure to comply herewith. ` -41- Ord. X1836 X6/7/79 p,'l?fflv:yY,ry1 '•!?"?:'w•?i?"'.°???????`, „§T31??'+?tifa '?i^ w ?...4 :., ., at` tC f?YY • 1 (2) Garbage. Garbage containers shall be made of heavy plastic or metal, equipped with suitable handles and tight-fitting covers and shall be water-tight. a. Capacity Except in the case of cart containers used as part of the City's one man collection system, each garbage container shall have a capacity of not more than 30 gallons, and shall be of such weight when full or collected that it can be handled by one man without strain or possible injury. b. Sanitation. Garbage containers shall be of a type approved by the City and shall be kept in a clean, neat and sanitary condition at all times. c. Location. All garbage containers shall be kept at ground leval. (3) Trash. Each trash containers shall be of a kind suitable for collection purposes as may be determined by the Sanitation Superintendent and shall be in good condition and of such shape, size and weight when full that it can be handled by one man without strain. (4) Commercial Trash Bins or Trash Rooms. No commercial trash bins or trash rooms shall be construed or used after the effective date of this article without written permission of the Sanitation Inspector. No such bin existing prior to the adoption of this article shall continue to be used unless it is completely enclosed including a floor, siding and water- tight rodent proof and a tight-fitting cover. Proof of any such bin existing prior to the date of this article shall be by written notice only by the owner or user filed with the Sanitation Superintendent within ninety (90) days of the effective date of this article. Such notice shall give the exact size and location of this bin and its date or approximate date of construction. Only trash as defined in Section 24-2 (ss) shall be placed or kept in an existing rubbish or trash bin. (5) Commercial Containers. Large containers too heavy for one man to lift without strain shall be of such size and shape as to be hoisted mechanically and fit without delay or damage into the dumping point of City sanitation collecting units. Commercial front end containers provided by the owner and used in conjunction with compactors shall first be approved by the Superintendent of Sanitation, such approval to relate to the ability of the City to service such equipment. (c) Storing of Refuse. (1) Public Places. No person shall place any refuse in any street, alley or other public place or upon any private property whether owned by such parson or not, unless it is in containers for collection. No person shall place any refuse at the curb for collection except on his property adjacent and directly in front of him, and such placement shall be behind the curb or where the curb would be. Any person having a corner lot may use the side of his property subject to the Sanitation Superin- tendent's approval. No person shall throw or deposit any refuse in any stream or body of water. Containerized trash shall be picked up on regular garbage pick-up days, The City Manager is authorized to waive the requirements of this section for a specific number of days, not to exceed ten (10), after hurricanes or severe storms. Y i2 e'+ti 1p?y1'`??5 ?? I?J,fr f• Y V Ord. #1836 -4z- 6/7/79 0 Q a. Unauthorized Accumulation. Any unauthorir,ed accumulation of refuse on any lot or premises is hereby declared to be a nuisance and is prohibited. Failure to remove any accumulation of refuse shall be deemed a violation of this Article and this Code. b. Scattering of Refuse. No person shall cast, place, sweep or deposit anywhere within the City any refuse in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place, or into any occupied premises within the City. c. Commercial Establishments. All commercial establish- ments shall have a method of securing trash so as to eliminate wind-driven debris and unsightly littler conditions in and about the establishment. d. Public Parking Lots. All public parking lots shall be provided with trash containers in sufficient quantity so that there shall be at least one (1) container for every fifty (50) parking spaces. This requirement shall apply to parking lots with a capacity in excess of twenty'-five (25) spaces or smaller lots where the Sanitation Superin- tendent has determined it is in the public interest to require trash receptacles. It shall be the responsibility of the owner or the manager of the parking lot to collect the trash deposited in the containers and deposit this material in a location as defined in paragraph c. above. As used in this paragraph the term "public parking lot's shall mean a privately owned lot open to the general public. e. Construction Sites. All construction sites shall be provided with trash containers, the number of which to be determined by the size of the job at the discretion of the Director of the City Building Department. Con- struction sites shall be kept clean and orderly at all times and the said Director of Building may suspend or red tag a construction job until the premises are brought up to a satisfactory sanitary condition. (d) Points of Collection. (1) Side or Rear Building Collection. Garbage cans shall be placed for collection at ground level on the property, not within the right-of-way of a street or alley, and shall be accessible without entering into a building or shelter of any type, or walking or carrying garbage cans over, under or around any yard or property obstacle. No garbage shall be collected where refuse containers cannot be reached by sanitation personnel, without unlocking a door, gate or any similar obstacle which will cause delay. Exception thereto may be approved in writing by the Sanitation Superintendent providing an additional payment for the extra service is agreed upon by both parties. _43- Ord. #1836 6/7'/79 i1 1 t w? r-?5'1,Sr T11r'P _-_ x k. a!?'?fF1"'??""'.'d?-1i•?M..?r-F; r^ r??a .. •? •}^ - -,- ? - ?ry.• .a•• .J.:., si? •...• ..? F, t?ww 3y4 ?[ ,?,,.y.R ?.?,,,?„_ nlr+?'R;.' ?iR'1::'-'' riR"'e^C. ?^t?xf•..1'... 4 _ .? Y•, ` . 5 :} t ?.. > ?V. ?. h" , r<.; ;??:. . y*`:.ys 55=??''?'ti'?,''?•.'y`???+;?•k', }''?„?hi? ? "•t" ?1.,???,'``,i ,Y, .l `. ?4"? is,*?t?,. 1y??q? 'jh?ar?9'?,I? ^?L n??a `? t ??I? ?'? rv. ?? .a. .. SnJ . rJ??. i. ..n?;:h:S7:^ ?. . '•?rJ?mi ?.:ya ltii`'.:,°r-??f o....?'?-1 •'?`_ ? f??V??",'4??ev i^.41?14k.4Nw iF'f???? '3. J ?,?["'i• ... .. .. .. ... _. r. ?,^:'?•:`?s: iiJ?.?t12,?rk? ??t./:s4i°,a;L"¢?rpit."???..ic.Y°?ii.,.iw.r-s.r?lY.'.???irr?.? _. i. t , .a s ks^? ar?: ? -pry- r - a r1v"i`. 14; 1 ; "':11 q 11 41, F;? W i?;: ?°0..Sp t r ,, ? i •{: F :k1'3 f'.:i ,.? s. ???-. •??',?.? f:{ s,? ? < ' Si t + S ' S 'ir d1'. :?+i1'4i hK ^R?, .y??i 4? f (2) Curbside Pickup Garbage cans or approved garbage ,'.:• : ;?y ??:.?.:..? :?...,? receptacles shall be placed for collection on the ground ;?:?a``r'",?:..4• at the curb line, adjacent and directly in front of the premises and said placement shall be behind the curb, or whore the curb would be. Any person having a corner lot may use the aide of the lot subject to the approval of the Sanitation Superintendent. (3) Handica ed and Elderl . Any person who has been certified by a physician as being unable to move or place a garbage can or receptacle at the curb shall be entitled to have the garbage collected at the side or rear of the " :'' " ;. :•; . ;. building at no extra charge. :s.j .,?.i? °? ?:• • ; ''•'•`tl? y'y WL (e) Compactors and Baling Machines. ,J. M•4 . } r (1) Registration. Prior to the placement of compactors and p.r a 1 , r; baling machines such compactors and baling machines shall be registered with the Superintendent of Sanitation. (2) Storage of Compacted Trash. Compacted cardboard, trash or byproducts thereof as described in Section 24..92 which have been compacted into bales shall be stared in fire--proof structures or buildings at all times. (3) TransQorting Compacted 't'rash. No person shall haul or convey, remove or transport compacted trash or cardboard over streets and roadways in the corporate City limits of Clearwater without prior registration with the Superintendent of Sanitation. Section 24-93. Collection Practices. (a) Frequency of Collection. Ord...#1836 (1) Residential and Small Businesses. Garbage accumulated by residences and small businesses shall be collected twice each week on regularly scheduled days except Saturdays, Sundays and holidays. (2) Commercial, Motels, hotels, restaurants, supermarkets, hospitals, schools and other establishments claiming it necessary, may have daily collection services except Sundays and holidays to fit their respective needs at the regular rates charged therefor. Where necessary to protect the public health, the Sanitation Superintendent, County Health Department Sanitarion or authorized health department official or employee shall have the authority to require more frequent collections. (3) Bu_aildjpS Materials. The City shall not be responsible for the collecting or hauling of trash, discarded building material, dirt, rack, plaster, lumber, metal or other like material originating from private property preliminary to, during or subsequent to the construction of new buildings, alterations or additions to existing buildings of whatsoever type. Such, material shall be removed by the owner of the property or by the contractor. No certificate of occupancy shall be issued until such material has been removed by the owner or contractor. (4) Special Collections ^ Restaurants and other establishments having waste foods or other garbage which has an offensive odor or can be described as a nuisance if not collected on a Saturday, Sunday or holiday, may, upon the judgment of the Sanitation Superintendent be collected on Saturday or Sunday r. ; -44- 6 1?/79 1 i .?., Q Q on the request of or the recommendation of the County Health Department Sanitarian. All garbage collections shall be either twice a week or daily unless some exceptional collection problem may be approved in writing by the Sanitation Superintendent. (b) Special Sanitation Problems. (I) Contagious Disease Refuse. The removal of clothing, bedding or other refuse from homes or other places where highly infectious or contagious diseases have prevailed shall be performed under the supervision and direction of the proper County health officer. Such refuse shall not be placed in containers for regubr collections and shall not be a municipal collection. (2) Inflammable or Explosive Refuse. Highly inflammable or explosive materials shall not be placed in containers for regular collections, but shall be disposed of as directed by the Sanitation Superintendent at the expense of the owner or possessor thereof. (3) Cardboard Boxes. Prior to depositing refuse for collection in garbage cans, trash receptacles or commercial containers, the owners or person shall collapse all cardboard boxes and crates. Section 24-94. Permit Application - Roll-off Container Service, Every person required to procure the permit provided for in Section 24-95 of the Clearwater City Code shall submit an application for such permit to the Superintendent of Sanitation. The application shall: (a) Be a written statement upon forms provided by the City. Such application form shall include an affidavit to be sworn to by the applicant before a notary public of this State. (b) Require the disclosure of all information necessary in compliance with this article. (c) Be accompanied by the full amount of the fee chargeable for such permit. The permit fee shall be Five Dollars ($5.00). (d) Be submitted to the City Manager by the Superintendent of Sanitation together with all pertinent information required in this Article, in order that a determination can be made by the City Commission. (e) Contain a complete record of all arrests and convictions against the applicant and every partner, officer or director of the applicant for violations of any and all laws and ordinances of the City, State or Federal Government. (f) Contain the following additional information: (1) number, type and size of waste collection vehicles ' to be used; (2) the number of employees to be assigned to each waste collection vehicle; (3) the name and location of commercial and industrial establishments where roll-off containers are to be placed 'and serviced. _'?.cam •,` .?.::• ?17...a ....['.. Ord., 11836 e " -45- 6/7/79 i • Z i I2 Section 24-95 Prerequisites to issuance. In determining whether or not a permit for the placing and servicing of roil-off containers should be issued, the City Commission shall consider and bas e its decision on the 1 ," following; . , :,.?,; A' 1 Y 7, ` t+•? A ' f (a) Review of the material submitted pursuant to Section r ii ' :"moil ?t 4 24-96 of the Clearwater City Code. (b) A review of all convictions of the applicant, the reasons therefor and the conduct of such applicant subsequent to release. (c) The license history of each such applicant. (d) The certificate of approval of the Superintendent of Sanitation to the effect that the applicant has satisfied the following; (1) The adequacy of the equipment to be used. (2) That the applicant has agreed to utilize and be governed by a charge of the following rate structures in providing the service authorized by the permit; $2.50 per cubic yard of compacted solid waste disposed of by using roll-off containers. (3) That the applicant has agreed to remit to the City of Clearwater each month a fee calculated in the following manner: 15% of the gross revenue received by the applicant for the preceding calendar month, and he s agreed to furnish a duplicate copy of the applicant's monthly billing. (4) The applicant has agreed to make all books and records applicable to business conducted under the permit required by Section 24-95 available to the City of Clearwater or its designee for inspection and audit, (5) The applicant has provided a copy of a certificate of insurance demonstrating that the applicant's employees performing work pursuant to the permit are covered by Workmen's Compensation Insurance. Section 24-96. Bond. No permit required by this Article shall be issued until the applicant therefor shall have filed with the City his good and sufficient bond in the sum of Fifty Thousand Dollars ($50, 000) ' conditioned upon indemnifying the City from any claim or damage that may be occasioned or suffered by the City in any manner by reason of the issuance of the permit, the use of City streets or the negligence of the permit holder or any of his agents or employees. The bond shall be in the form and manner as shall be approved by the City Attorney. - Ord. 41836 6/7/79 4 7 1 • r Section 24-97. Liability insurance. G`r'=`?f'*yr3r k=R The holder of a permit issued under this Article shall maintain in effect at all times public liability insurance in the minimum +aP;3s. t' amounts of One Hundred Thousand Dollars ($100, 000) for injuries to any one person, Two Hundred Thousand Dollars ($200, 000) 4 ?'.•:; "v ; , ;'i``3. for personal injury arising out of one occurrence and Fifty Thousand Dollars ($50, 000) property damage, and shall furnish the City a certificate evidencing this insurance.- Y Section 24-98. Termination and renewal of permits r r r p.'.ril°r7 (a) All annual permits shall terminate on the last day of the r ) fiscal year of the City. y ... _4 (b) Each permit holder shall make a written application for renewal on forms provided by the Superintendent of Sanitation on or before October I of each calendar year, which application shall contain substantially the same information as the initial application and shall be accompanied by the required fee. (c) Applications for renewal shall be processed in the sarne manner as an initial application. Section 24-99. Revocation or suspension. The City Commission, after affording the permit holder notice of the charges and opportunity to be heard with respect to any revocation proceedings, may, if it finds this Article to have been violated or that false statements were made on any application or application for renewal or on any submittal required by this Article by the permit holder, agent or employee., revoke the permit in its entirety, suspend the permit for a stated period of time, place the permit holder on probation, or place other conditions thereon as the City Commission finds necessary. Section 24-100. Collection and Disposal b Commercial Establishments, Private Individuals and Outside Collectors. (a) Requirement for Vehicles. The actual producers of refuse or the owners of premises upon which refuse is accumulated and who desire personally to collect and dispose of such refuse, persons who desire to dispose of waste material not included in the definition of refuse; and collectors of refuse from outside of the City who desire to haul over the streets of, the City, shall use a water-tight vehicle provided with a tight cover and so operated as to prevent offensive odors escaping therefrom and refuse from being blown, dropped or spilled. r -47- 0r '' dt #136 6/779 ads ?'S-" ,. N-]4" s' ..3,;..,?. ,4,•;,•t • ? g.'?.? •+, 'rd? Lw Sri. ?.: ? .? "?G`?'.r`.z°'?•r,`i ?s .? t 3 a :H!.,.fk•.1';?i'1?:??.`,,'?'1 ?•`x?f ..??',};Y?{¢7'c."?..?` "Ph.:?rjwa:lw'?"Y,???it.'? ? . S+, :a j,'?' ,'„L f C+ 9 !'lr {b) Rules and Regulations. The Sanitation Superintendent shall have the authority to make such other reasonable regulations concerning individual collections and disposal and relating to the hauling of refuge over City streets by outside collectors as he shall find necessary, subject to the right of appeal as set forth in this Article. (c) Incinerators. Owners or lessees of premises which have " private incinerators as of the effective date of this Article shall be permitted to burn trash subject to the incinerator and its'` operation meeting all City, Count and State regulations, and having the written approval of the City Fire Prevention Inspector. A refuse incinerator to be operated within the City shall cause no offensive odors, no sparks, no nuisance, and a minimum of smoke. Commencing with the effective date of this Article, no new private incinerators shall be permitted to be erected and operated within the City of Clearwater, except where the applicant has submitted an application for such an incinerator to the City Commission and the Commission has, after proper review of the application and conditions, approved the issuance of a permit for a new incinerator to said applicant. Section 24-101. Fees and Charges. (a) See Section 24-5 of this Chapter. (b) The solid waste collection and disposal charges are applicable until all municipal utilities including lawn (water) meters are disconnected. (c) Accounts Payable - See Section 24-6 of this Chapter. Section 24-102. Unlawful Practices Generally.. It is hereby declared unlawful and a violation of this Article for any person to do or permit to be done any of the following acts or practices: (a) To deposit on or bury in, or cause to be deposited in or buried in, any property, public property, street, alley, vacant lot or area, unoccupied lot or area, the waters of Clearwater Bay, Stevenson Creek or any other creek, watercourse or ditch within the corporate limits of the City, any garbage or other noxious, malodorous or offensive matter. (b) To fail or neglect to keep or cause to be kept clean and sanitary or tightly covered and in good state -of repair all containers and trash receptacles. (c) To place or allow to be placed upon the streets, alleys, curbinge or sidewalks of the City any rubbish, sweepings, debris, trash or waste materials of any kind which might be a menace to traffic, both vehicular and pedestrian, or which might endanger the proper operation of the City's sewer or drainage system. -48'- -`-u`" Ord. '#1836. 6/7/79 (d) To collect or permit to be collected by anyone the garbage from any garbage can or garbage box other than by persons regularly employed by the City for that purpose or by persons working under permit or contract with the City. (e) To violate any of the provisions of this section or any reasonable interpretation of the same. Section 24-103. Duty of Property Owner to Supply Receptacle; Exception. It shall be the duty of all owners of residences, businesses, professional offices, stores, shops, restaurants, hotels, motels, boarding houses, apartment houses or other establishments in the City to supply each of such establishments with garbage cans or commercial containers as defined in this Chapter except where furnished by the City. The City shall not collect foreign materials, as defined in Section 24-2 (q) (1), created, collected or disposed of either by contractors, occupant or owner. Foreign material as defined in Section 24-2 (q) (2) will be collected upon request as a special pick-up. Section 24-104. Annual Cleanup. The City shall conduct, at least once every calendar year, a cleanup drive at which time material, as defined in Section 24-2 (q) (2) and 24-2 (as) which may not at other times be collected, shall be collected along with other trash. Section 24-105. Occupants and Owners of Abutting Property to Keep Parkways Clean and Sanitary. All tenants or occupants of any real property abutting upon any street in the City, or if no tenant or occupant, then the owner thereof shall be required to keE? that part of the street between such property lines and the curblines, including the gutter of the street on which such property abuts, in a clean and sanitary condition at all tunes by keeping the same free from weeds and trash of all kinds and by keeping the grass mowed. Section 24-106. Enforcement. The Sanitation Superintendent and such other personnel as he may designate shall be provided limited police powers to enforce the provisions of this article. These limited police powers shall include the authority to issue twenty-faux (24) hour correction notice of violation of a provision of this article and, following a reinspection twenty-four (24) hours later, if there has not been substantial compliance with the original notice, the Superintendent or his designee shall cause a summons to be issued by a sworn police officer of the City for appearance in court. -49- Ord"" 18361 6/7/?s. ? IJ h. 0-i ,r } L. • 'I t'e_S.. tTfi?J..p,Sy??Y?l: ?. i v: ,• .icy :w.?X??`, ? i e, Section Z. ordinances or arts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 3. Any person, organization, society, association or corporation, or any agent or representative thereof, who shall violate the to a fine not upon conviction provisions of this ordinance shall be subject < , , . ir r}?i w• .:. t? r exceeding the sum of Five Hundred Dollars ($500.00), or imprisonment for S . i ' not exceeding sixty (60) days, or by both such fine and imprisonment in the asr anti, y? s 'y i .1 'n discretion of the judge. Section 4. Should any section, paragraph, sentence or word of this ? a: ' ordinance be declared for any reason to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 5. Notice of the proposed enactment of this ordinance has been properly advertised in a newspaper of general circulation in accordance with Chapter 166.04)., Florida Statutes. Section 6. This ordinance shall become effective immediately upon its passage and adoption with the exception of Section 24-3, which section 1 shall become effective October 1, 1979. PASSED ON FIRST READING , May 17, 1979 AS AMENDED PASSED ON SECOND AND FINAL READING AND ADOPTED June 7, 1979 AS AMENDED Attest: ?0 J City Clerk ?t Mayor- Commissioner 6/7/79 s,.. I ?q? r.?,.,, ?+yn.A,''>J ?'!i-,1•' i ^' `.,Moo. ??'•hkKttn , •Y F L la f -' .3s c yr •x >:"`t ?'d tip:,•J?,•. •,F,•,`tr• 3'd?'??i?6'r,- "`k^y-i ??J? t r??,y 1(x?''i? ,i,f•ff'QF':` •; ?,. , ? °, ?s'; y'Y.p'?4''%'` '?, ,?;; ?h,., :?'`-'Kr'3.•`•r?7:; rt, [ ?4 R'L4''>'? ?i;•?rE0. =f "a.°7.; 5-:r•r 9. f• .t., .dk,., ,sn 'W4Yari3fF'F.,?.ti.1?W.sYr.d.•er r.. W,1.t i{.au.....a'..h: r[Jwi.T_'S ?.:? .2. 7 CLEARWATER SUP Published Dally Clearwater, Pinellas County, Florid STATE OF FLORIDA s , COUNTYOFI'INELLAS: ,'; ?' ??• Before the undersigned authority personally appeared t4laxi } says that she is the Classified Sales Manager or the Clearwater ## lashed at Clearwater in Pinellas County, Florldn; that the atta ?I?•??? fi., i? ??• • being a . ....... . .... g. .................. -t.? ??'• Ordinances 18361906.. 14 1 + + -"; ....... ...........................,,......?... ...................................................... hr' In the ............... MX:KX76It ......................... '' `.? y '? .r•r skid newspaper in the Issues of........!?41I3t3...?.?.s ..1,97.9 yl, `-i7 ,rp ? rr _ '+ ?? ? . K? Affiant further says that the sold Clearwater Sun Is u nek water, In said Pinellas County, + # r• ? ,,,,,,t Florida, and that the said neH aaa x ,i'?'`f: continuously published in said Pinellas County, Florida, each t SnYF r: .dfi r" z... a1.q`Sc? ? . ' ??•????t? second class mail molter at the post office In Clearwater, In sn ;?5"vp?; k far a period of one year next preceding the first publication of ra°:i{ ?? ?} llsement. and affiant further says that she has neither paid no 3: {4`? or corporation any discount, rebate, commission or refund for +k? ' '? rv ,mot ?R?S t ;???,:? ? ,?, '. ??ss• t, advertisement far publication In thesaid newspaper. gz. i•?' r: ?a ? "' ' Sworn to and subscribed b Xor"ne 9? ;! C} 13, this .................... e Z?J'Li11L, .iF1Ii1.?f U?9lt?Pk k'•? _ti, Y'•?rtF'. .....1N aIM stow ttHais wrr ......, aEIiJJ?L.1?1R.4?M? 1SEAL?• Notary Public ?S'•'1+??i?ia1!s}?:;F?t{•t?•?e..w?R'.?? ? `?.;,?i..st iii'. ,' fit, !`• ry;S.7,Y:?i k. 1?