0515 Water and Sewage DisposalORDINANCE NO. 515
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE,
FLORIDA; AMENDING CHAPTER 18, TO CREATE ARTICLE IV, WHICH SAID
• ARTICLE SHALL CONTAIN SECTION 18-49 DEFINING PERSONS DEEMED USERS;
SECTION 18-50 PROVIDING PENALTIES FOR NON-PAYMENT, SECTION 18-51
AUTHORIZING THE FILING OF LIENS FOR NON-PAYMENT OF BILLS AND PRO-
VIDING THE MANNER IN WHICH THE LIEN MAY BE SATISFIED AND RELEASED,
SECTION 18-52 UNAUTHORIZED USE OF THE SEWER SYSTEM, SECTION 18-53
RENEWAL OF OCCUPATIONAL LICENSE SUBJECT TO ADEQUATE POLLUTION
CONTROL FACILITIES, SECTION 18-54 ON THE DESIGN OF STORM WATER
MANAGEMENT, SECTION 18-55 LEGAL ACTION, SECTION 18-56 PENALTIES
AND COST, SECTION 18-57 SEVERABILITY, SECTION 18-58 CONFLICT AND
RESERVING SECTION 18-59; CREATING ARTICLE IV, SECTION 18-561 TO
PROVIDE AN EXTENDED PAY PLAN FOR WATER AND SEWER CONNECTION FEES
AND SYSTEM CAPACITY CHARGES; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA as follows:
SECTION I: Chapter 18 of the Code of Ordinances of the City of Okeechobee, Florida
is hereby amended to create Article IV which shall read as follows:
CHAPTER 18
WATER, SEWERS AND SEWAGE DISPOSAL
ARTICLE IV. OTHER PROVISIONS
Section 18-49. Persons deemed users.
Subject to the limitations and exceptions in subsection 18-41(d), each
person owning any building inhabited or used within the 201 facilities
planning area, by human beings as a place of residence, business or
otherwise that shall be connected with any line of the sanitary sewer-
age system or, although not connected with any line of the sanitary
sewerage system, has had for more than one (1) year a sanitary sewerage
line available for the use of such property, shall be considered to be,
for the purpose of the enforcement of this chapter, a user of such sys-
tem and shall pay such fees, rates and charges therefor as are estab-
lished by section 18-48 or as hereafter may be modified as provided by
law.
Section 18-50. Collections; penalties for nonpayment.
(a) Nonpayment of fees is hereby declared a violation of this
article. This is hereby imposed a penalty of ten percent (10%) for
each fee which remains unpaid for a period of fifteen (15) days after
the fee is due and payable, and without further notice such penalty
may be added to the next billing. Nonpayment of fees for a period of
twenty (20) days after the fee is due and payable shall constitute
40 grounds for the suspension of water service until payment is made.
(b) The penalties and remedies contained herein shall be cumula-
tive and shall be in addition to any and all other penalties and re-
0 medies contained in the Code of Ordinances for the violation thereof.
Section 18-51. Liens; enforcement; satisfaction and release.
(a) Fees remaining unpaid for a period of sixty (60) days after
they are due and payable, together with lawful interest thereon, and
any penalties for nonpayment of the fees as provided in subsection 18-50
(b) of this article shall be and are hereby declared a lien, pursuant
to Section 159.17 Florida Statutes, upon the property wherein the user
is situated.
(b) The City shall be entitled to institute foreclosure proceed-
ings at any time after a lien is attached, such proceedings to be in
accordance with law, and the city shall be entitled to collect reason-
able attorneys' fees from the owner for services rendered by the city's
attorneys in the institution and prosecution of such foreclosure proceed-
ings.
(c) Liens created under this section shall, upon the request of
the user and/or the owner of the property affected, and upon payment of
all delinquent fees, including lawful interest and reasonable attorneys'
fees, thereon, and all penalties imposed, be released by a certificate
signed by the city administrator or the mayor and bearing the seal of the
city. the-sseeaee-s€-seeh-ee€}ease-sell-eeaslue-p}tea-€aele-evl-
decree-~€-the-e~}e~eaee-e~-aeae~ls~eaee-a€-aay-eae~-del~aquea~-€ees;-acrd
shall;-la-the-ab9eaee-a€-€~ee~-pe~pe~~e~ed-by-the-pa~~y-~e~ees~~ag-same;
be-b~a~#ag-e~ea-the-el~~-es-fie-the-e~~s~eaee-e~-aeee~ls~eaee-a€-eat-llea-
eesed-heenade The issuance of such certificate shall constitute
prima facie evidence that the user/owner of the property affected has
paid to the city all delinquent fees, including lawful interest thereon,
and all penalties imposed and any lien filed for same is hereby satisfied
and released.
Section 18-52. Unauthorized use of sewer system.
It shall be unlawful for any person to tap, cut or in any way use any line,
branch or part of the sanitary sewerage system without obtaining a written
• permit and paying all fees, rates and charges established by law.
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Section 18-53. Renewal of occupational license subject to adequate
pollution control facilities.
After any occupational license is issued, a copy of the application shall be
• forwarded to the public works department, and if alteration of occupational
activities would create pollution problems, modification of the facilities
such as grease traps and other pretreatment facilities may be required.
Where facilities require updating or additional equipment to meet pollu-
tion standards, such changes shall be made prior to the renewal of any
occupational license.
Section 18-54. Storm water management.
Wherever storm water drainage is required under this chapter, the storm
water management system shall be designed and maintained in accordance
with the provisions of Section 18-44.
Section 18-55. Legal Action.
If any person discharges sewage, industrial wastes or other wastes into the
city's wastewater disposal system contrary to the provisions of this article,
federal or state pretreatment requirements or any order of the city, the
city attorney may commence an action for appropriate legal and/or equit-
able relief in the circuit court of this county.
Section 18-56. Penalty; costs.
(a) Civil penalties. Any user who is found to have violated an order
of the city council or who willfully or negligently failed to comply with
any provision of this article, and the orders, rules, regulations here-
under, shall be fined not less than One Hundred Dollars ($100.00) nor more
than One Thousand Dollars ($1,000.00) for each offense. Each day on which
a violation shall occur or continue shall be deemed a separate and dis-
tinct offense. In addition to the penalties provided herein, the city
may recover reasonable attorney's fees, including appeals, court costs,
court reporter's fees and other expenses of litigation by appropriate suit
at law against the person found to have violated this article or the orders
rules and regulations hereunder.
(b) Falsifying information. Any person who knowingly makes any false
statements, representation or certification in any application, record,
report, plan or other document filed or required to be maintained pursuant
• to this article or who falsifies, tampers with, or knowingly renders in-
accurate any monitoring device or method required under this article, shall,
upon conviction, be punished by a fine of not more than One Thousand Dollars
($1,000.00) or by imprisonment for not more than six (6) months, or by both.
-3-
Section 18-57. Severability (validity clause).
If any provision, paragraph, word, section or article of this article is
• invalidated by any court of competent jurisdiction, the remaining pro-
visions, paragraphs, words and sections shall not be affected and shall
continue in full force and effect.
Section 18-58. Conflict.
All other ordinances and parts of other ordinances inconsistent or conflict-
ing with any part of this article are hereby repealed to the extent of such
inconsistency or conflict.
Section 18-59. E€€ee ive date. Reserved
Tails artlele shall be la full €eree and effeet on the 18th day of Aptll,
1983.
SECTION II: Chapter 18 of the Ordinance Code of the City of Okeechobee, Florida is
also amended to create under a new Article IV Section 18-561 providing for an extend-
ed payment plan for water and sewer connection fees and system capacity charges and
said Section shall read as follows:
CHAPTER 18
WATER, SEWERS AND SEWAGE DISPOSAL
ARTICLE IV. OTHER PROVISIONS
Section 18-561. Extended payment plan; agreement required.
(a) Effective October 1, 1984, sewer system connection fees and sewer
system capacity charges may be made on an extended pay plan. Those persons
wishing to take advantage of the plan must make application, at City Hall,
furnish a copy of their warranty or mortgage deed, at the time of applica-
tion, and sign a document agreeing to make the appropriate monthly payment
which will be included on the regular utility bill, now being mailed each
month.
(b) A lien on the property, in the amount of the agreement, will be
filed at the Okeechobee County Court House. The lien will become payable
in full upon change in ownership of the property or upon delinquency in
the payments agreed to in the extended pay plan.
(c) A lien recording fee is payable at the time of application in
the amount of nine dollars ($9.00).
-4-
SECTION III: This Ordinance shall take effect upon its adoption.
• Introduced and passed on first reading this 20th. day of August , 1984.
Mayor
ATTEST:
1-0011, 1
19
City Clerk
Introduced and passed on second and final reading this 10th day of September , 1984.
Mayor
ATTEST:
c
City Clerk
APPROVED AS TO FORM:
City Attorney
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NOTICE OF UTILITY LIEN
The conditions of this claim of lien are as follows:
Applicant/owner hereby elects to proceed under Chapter 18, Article IV,
Section 18-561 of the Code of Ordinances of the City of Okeechobee,
Florida allowing applicant/owner an extended pay plan of thirty-six
(36) months for sewer connection fees and sewer system capacity charges.
Applicant/owner understands that in the event applicant/owner sells or
disposes of his property, as hereinafter described, or is delinquent in
the payment of connection charges or sewer system capacity charges, the
payment of these charges, to the City, shall become immediately due and
payable thereon.
Applicant/owner shall take notice that the City shall have a lien pro-
vided hereon on said property, pursuant to Section 159.17 Florida Sta-
tutes, until such time as the connection charges and sewer system cap-
acity charges are paid by applicant/owner. Such lien becomes effective
if full payment due of connection charges and system capacity charges is
not made immediately, to the City, upon change in ownership of said prop-
erty or upon a delinquency in the payments of said connection charges and
sewer system capacity charges.
Applicant/owner understands that once the partial and/or full payments
due of connection and system capacity charges have been made, to the
City, the City shall there upon release said lien, partially or fully,
accordingly.
Wherefore, applicant/owner hereby agrees to proceed under the extended
payment plan described herein and to follow the foregoing conditions of
this claim of lien.
Witnesses for Applicant/owner:
Applicant/owner
TO:
APPLICANT/OWNER, AND TO
ALL OTHERS WHOM IT MAY CONCERN: YOU WILL PLEASE TAKE NOTICE AND YOU ARE
NOTIFIED THAT THE CITY OF OKEECHOBEE, A MUNICIPALITY, IN THE COUNTY OF
OKEECHOBEE, STATE OF FLORIDA, IN PURSUANCE OF THE CONTRACT AGREEMENT
HEREIN WITH TO PAY SEWER CONNECTION AND
SYSTEM CAPACITY CHARGES UNDER AN EXTENDED PAYMENT PLAN, HAS, HOLDS AND
INTENDS TO MAINTAIN A LIEN UPON THE FOLLOWING DESCRIBED LOT, PIECE OR PARCEL
• OF LAND, SITUATE, LYING AND BEING IN THE CITY OF OKEECHOBEE, COUNTY OF
OKEECHOBEE AND STATE OF FLORIDA, KNOWN AND DESCRIBED AS:
FOR THE SUM OF
is INCLUDING ALL LAWFUL FEES AND CHARGES AS AFORESAID.
DOLLARS )
IN WITNESS WHEREOF, The City of Okeechobee has caused this NOTICE OF LIEN
to be signed in its name, by its Mayor, and its corporate seal to be
affixed and attested by its City Clerk this
19 , in City Hall in the City of Okeechobee, County of Okeechobee and the
State of Florida
City of Okeechobee:
BY.
Mayor
Attest:
City Clerk
STATE OF FLORIDA:
COUNTY OF OKEECHOBEE:
I HEREBY CERTIFY that on this day, before me, the undersigned, a notarty public in and
for the State of Florida at large, personally appeared
and
to me well known to be the Mayor and City Clerk,
respectively, of the City of Okeechobee, and known to me to be the persons who execut-
ed the foregoing NOTICE OF LIEN for the City of Okeechobee as such Mayor and City
Clerk: and they severally acknowledged execution of same to be their free act and deed
by authority and on behalf of the City of Okeechobee for the uses and purposes therein
expressed.
WITNESS my hand and official seal at Okeechobee, said county and state on this
day of , 19
NOTARY PUBLIC, STATE OF FLORIDA AT LARGE
day of
1