1278, Sewer Connection Requirement ORDINANCE NO. 1278
• AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING PART II OF
THE CODE OF ORDINANCES, SUBPART A GENERAL ORDINANCES, CHAPTER 58
UTILITIES, ARTICLE III SEWERS AND SEWAGE DISPOSAL, SPECIFICALLY AMENDING
SECTION 58-72 USE OF PUBLIC SEWERS REQUIRED, CREATING NEW
REQUIREMENTS FOR CONNECTION TO THE PUBLIC SEWER SYSTEM; PROVIDING
FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida (City) is creating new requirements for connection to the public sewer
system for owners of real property within the City Limits; and
WHEREAS, the City Council of said City finds that this Ordinance promotes the public health, safety and welfare of
its citizens and inhabitants of the City, pursuant to Article VIII, Section 1(g), Florida Constitution.
NOW, THEREFORE, be it ordained before the City Council of said City; 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; that:
SECTION 1: RECITALS ADOPTED.
The foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a
specific part of this Ordinance.
SECTION 2: AMENDMENT AND ADOPTION TO CHAPTER 58 UTILITIES.
That Part II of the Code of Ordinances, Subpart A General Ordinances, Chapter 58 Utilities, Article III
Sewers and Sewage Disposal, Section 58-72 Use of public sewers required, is hereby amended to read as
follows:
(a) It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary
manner on public or private property ' , any human or animal
excrement, garbage, or other objectionable waste.
(b) It shall be unlawful to discharge to any natural outlet within the City, or in any area under the
jurisdiction of the City, any sewage except where suitable treatment has been provided in
accordance with the provisions of this article.
(c) Except as provided in this article, it shall be unlawful to construct or maintain any privy, privy vault,
septic tank,cesspool,or other facility intended or used for the disposal of sewage.All private means
of sewage disposal shall be removed at the expense of the property owner.
(d) Flush tOTt�C droll be required niithin the 201 f I'
sanitary sewer at the owner's expense; subject, however, to the following exceptions and
street, alley or
•
. Connection
to a public potable water system and/or a public sewer system at the property owner's expense
shall be required when a system is available. A system is available when:
1. It is capable of being connected to the plumbing of a residence, commercial, or industrial
establishment;
2. It is not under a moratorium;
3. It has adequate permitted capacity to provide the service;
4. A public potable water system or a sewer system line exists in a public easement or right-of-
• way that abuts the property line; and
5. The public utility provider has granted 30-days written notice to the property owner of the
availability of water service and 365-days written notice to the property owner of the anticipated
date of the availability of sewer service.
Language to be added is underlined.
Language to be deleted is struck-through. Ordinance No. 1278, Page 1 of 2
SECTION 3: CONFLICT.
All Sections or parts of Sections of the City Code of Ordinances in conflict herewith are intended to be
repealed to the extent of such conflict.
SECTION 4: INCLUSION IN THE CODE OF ORDINANCES. •
It is the intention of the City Council of said City, and it is hereby ordained that the provisions of this
Ordinance shall become and made a part of the City Code of Ordinances, that the Sections of this
Ordinance may be renumbered or re-lettered to accomplish such intentions; and the word "Ordinance" may
be changed to "Section"or other appropriate word.
SECTION 5: SEVERABILITY.
If any Section, subsection, clause, or provision of this Ordinance is declared invalid or unconstitutional by
a court of competent jurisdiction, the remainder shall not be affected by such invalidity.
SECTION 6: EFFECTIVE DATE.
This Ordinance shall be effective immediately upon final adoption on second reading.
INTRODUCED for First Reading and set for Final Public Hearing on this 6th day of June 2023.
A /V
Dowlinjft atford, Jr., Mayor
ATTE T:
Lane Gamiotea, CMC, ity Clerk
PASSED AND ADOPTED after Second Reading and Final Public Hearing this 18th day of July 2023. POSTPONED
to this 15th day of August 2023.
As required by City Charter Section C-4.1.C, ordinances shall be adopted by roll call on final reading
and recorded, the vote was as follows:
Yes No Abstained Absent
Council Member Chandler: x
Council Member/Vice Mayor Clark: x
Council Member Jarriel: x
Council Member McAuley: x
Mayor Watford: x
Dowling, . atford, Jr., Mayor
ATTEST:
1n 4 ;
Lane Gamiotea, CM , City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, C it ttorn •
Nason Yeager Gerson H Fumero, P.A.
Language to be added is underlined.
Language to be deleted is struck tbreugh. Ordinance No. 1278, Page 2 of 2