1009 Emergency Water Restrictions
ORDINANCE NO. 1009
.
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING
CHAPTER 30 OF THE CODE OF ORDINANCES, ENVIRONMENT, WHICH
WILL CREATE ARTICLE IV, SECTION 30-88, EMERGENCY RESTRICTION
WATER USAGE; SECTION 30-89, ENFORCEMENT OF EMERGENCY
RESTRICTION WATER USAGE; PROVIDING FOR CONFLICTS AND
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, upon declaration by the South Florida Water Management District of a water
shortage and the imposition of water use restrictions in order to promote and increase
conservation of water, and protect and preserve water as a natural resource, and to
ensure the continued public health and safety of the residents by preventing the
destruction of the environment and drinking water resources, the City of Okeechobee
recognizes the need to locally implement water restrictions and has created Article IV,
Section 30-88, Emergency Restriction of Water Usage and Section 30-89, Enforcement
of Emergency Restriction of Water Usage; and
NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida;
presented at a duly advertised public meeting; and passed by majority vote of the City
Council; and properly executed by the Mayor or designee, as Chief Presiding Officer
for the City:
Section 1. That Article IV, Section 30-88 and Section 30-89 of the Code of
Ordinances is hereby created to read as follows:
Section 30-88. Emergency Restriction of Water Usage.
(a) Declaration. The City Administrator is hereby authorized after
consultation with the Executive Director of the Okeechobee Utility
Authority, to have appropriate enforcement personnel enforce the
provisions or restrictions of any declaration of the South Florida Water
Management District pertaining to a water shortage.
(b) Restrictions. Whenever activated by the South Florida Water
Management District in times of a water shortage, those provisions of
Chapter 40E-21 of the Florida Administrative Code as they relate to water
usage restrictions, as same may be amended from time to time, are
incorporated herein by this reference and made a part of the Code of
Ordinances. It shall be unlawful for any person to fail to comply with said
restrictions.
Section 30-89. Enforcement of Emergency Restriction of Water Usage.
(a) As used in this section, a "Code Enforcement Officer" shall mean City
Environmental Inspectors or Building and Zoning Inspectors.
(b) Code Enforcement Officer. The provisions of this section shall be
enforced by Code Enforcement Officers or by Police Officers.
(c) Enforcement-civil infraction procedure. A Code Enforcement Officer
is authorized to issue citations or notice of violation to a person when,
based upon personal investigation, the officer has reasonable cause to
believe that a person has committed a violation of Section 30-88.
.
(d) Form of Citation. A citation or notice of violation issued by a Code
Enforcement Officer shall be in the form prescribed by the City and shall
at a minimum contain the information required by Section 162.21 (3)(c) of
the Florida Statutes, as it may be amended from time to time.
(e) Filing of Notice. After issuing a citation to an alleged violator, a Code
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Enforcement Officer shall deposit the original citation and one copy of the
citation with the county court, or if a notice of violation, process the
violation through Chapter 162 Code Enforcement Procedures of the
Florida Statutes.
(f) Uncontested Citation, The civil penalty fora violation of this Section
shall be $25.00 to a maximum of $500.00, if the citation is uncontested.
(g) Contest of citation, Any person desiring to contest a citation may do
so with the county court or Code Enforcement Board, and if determined
to have committed a civil infraction then they shall be subject to a civil
penalty in an amount not to exceed $500.00.
(h) Remedy. A violation of any provision of this Section may be enforced
pursuant to the provisions of Chapter 162 of the Florida Statutes as a civil
infraction or as a Code Enforcement Board proceeding with penalties as
provided therein. .
(i) Refusal of Citation, Any person who wilfully refuses to sign and accept
a citation issued by a Code Enforcement Officer shall be guilty of a
misdemeanor of the second degree, punishable as provided in Section
775.082 or 775.083 of the Florida Statutes.
(j) It is the intent of the City of Okeechobee to provide through Section
30-89 of this Code an additional or supplemental means of obtaining
compliance with the South Florida Water Management District water
usage restriction requirements. Nothing in Section 30-89 of this code
shall prohibit the City from enforcing South Florida Water Management
District water usage restrictions by any other means available to it.
Section 2. That if any clause, section or other part of this Ordinance shall be held
invalid or unconstitutional by any court or competent jurisdiction, the
remainder of this Ordinance shall not be effected thereby, but shall
remain in full force and effect.
Section 3. That all ordinances or parts of ordinances in conflict herewith, be and the
same are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect immediately upon its
passage.
INTRODUCED for first reading and set for final public hearing on this 5th day of February,
2008.
ATT.EST: ~ ....l
JI) U1J / U/Jtuj 'f~
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 19th day of February,
2008.
John R. Cook, City Attorney
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