1967-577+f
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ORDINANCE NO. 577
AN ORDINANCE DECLARING THE USE OF THE SANITARY
SEWER SYSTE
TO BE ES'SE'NT OF CITY OF SOUTH MIAMI, FLORIDA,
DIAL FOR THE PRESERVATION OF THE
PUBLIC.HEALTH, SAFETY AND ECONOMIC WELFARE OF
THE INHABITANTS OF THE SAID CITY; REQUIRING
CONNECTION WITH SAID SANITARY SEWER SYSTEM;
PROVIDING FOR" 13 I ' IMPOSITION AND - COLLECTION OF
SEWER SERVICE CHARGES FOR THE USE AND '`AVAIL -
ABILITY OF SERVICES 'AND FACILITIES'AFFORDED
�- .� as •..: =_ �
�x�x.
BYSAID SANITARY SEWER SYSTEM ;•PROVIDING PENAL-
lIES
TIES-.FOR THE VI TION --.
"� OLATION OF THE PROVISIONS HEREOF
PROVIDING FOR THE SEPARABILITY OF THE'PROVISIONS
HEREOF.
WHEREAS the construction and establishineht of a
ofnfacil esrforsthe collectionyaof dils"p i a- 1 of ' ewagesAnd
nd disposal of sewage and
waste matter, is imperative in order to preserve the public
health' 'and y
safet of the citizens of the City of South Miami
and'is essential to "the physical and econom d' welfare' of the
said City, and said °Ci`ty`,has embarked on a "program to achieve
such impro "vemeri'ts ''initially `in a portion of said City, said
initiel c6n`6ttucti6n. being deemed fear' IiAe': and "'to the best
interest a`nd__` protection of `the heath, conform; safety and
economy of the inhabitants of the said City, and
h WHEREAS, in order to finance the construction of'sVch
kni al improvements and'''to 'assure the 'prope'r maintenance,
repair and operation eation of said San'ita°r "y`sewer System, the City
Council does hereb°
y "determine that it is' necessary, appr'opr'iate
and to the best interests of the City that all persons utilizing
whose b'uildiri s "or structures }
and receivin `the benefits of said Sanitary "Sewer System, or to
' g '` ructures the "facilities of sai'd system are
available; shoul "d 'pay fair and 'reasoiialile charges 'for the`ise
and benefits thereof, to the end`tY'At said system may be made
to be self supportimg; and does hereby 'determfne 'OiAt the charg-
kr .•
ing and collection of 'sewer serVice charges ''for the services
and ovided by the Sanitary Sewer System are nec-
essary and appropriate, and further that the quantity of water
consumer in and "upon buildings or structures which ma be con-
netted to the said Sanitary Sewer System, or to 'which the
Sanitary Sewer System is avalable,`is, with ' certain adjustments
as noted hereinafter, a just and equitable measure of the use of,
and benefit 'derived from, said Sanitary.Sewer System, and
WHEREAS, the City'Couneil, after consideration of 611 phases
of the situation c6nftonting7 the City aril its inhabitants` "and
I' taxpayers, deems the hereinafter set forth-pro disi fi to`be'to
Y, the best interests and general welfare of all interested parties;
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BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF CITY
OF SOUTH MIAMI, FLORIDA:
SECTION 1. DEFINITIONS. For the purpose of this
ordinance the words of the masculine gender shall be deemed
and construed to include the feminine and neuter gender.
The words owner occupant "user", and, person shall
include the plural as well as the °singular; when in the
co:itext of this ordinance liability and responsibility for
&ikyment of sewer service charges if fixed or referred to, the
words "owner ", "tenant ", "occupant" and "user" shall mean the
>'
person to whom a bill for water service is rendered by the
'
Consumers Water Company for water furnished or I used upon or in
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any pantie lar- building =or structure or unit thereof, respec-
tively. The word "person" shall include firms, corporations
and associations, including public bodies as well as natural
persons, unless the context shall otherwise indicate.
i y Sewer System as used in this
(a) The terms "Sanitary "
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ordinance s hall-mean and be deemed `to include all conduit's
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and works operated'by` the City for the collection arid`'convey-
`
in of sanitar
g sanitary y sewage the pipe connection 'at the property
pfrom
line of individual ""ro rt to the
pe y point final dis'postion
r
thereof, and all "equipment " _ , , "*
and facilities used in connection
=
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therew`ith, including all pipe lines, trunk lines, pumping equip -
ment, lift stations ' "
purific`aation and treatment facilities and
Work "s, I how or hereafter owned or used by the City in the 'opera-
tion of said Sanitary Sewer System.
SECTION 2. .COMPULSORY CONNECTION REQUIRED WHERE SANITARY
= SEWER AVAILABLE.
The owner of each lot p g.�
'site
,.,
within' `the area "by thecCityfofaSoutH Miamidin
as Local
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"designated
Improvement "iii'trict'SS- 66 -1 =2, and the owner of each 16t. or
e
parcel of land" "or building'site'which` may be located within any
k.^
subseq'ueit ""local Improvement District or other area es tabl'slied
'
for the construction and installation of san t "ay sewers within
`
the City a's°" the said l system may from ` time to time be extended,
and upon which "lot or "parcel of land or building'' site a bizld-
=``
ing or other inhabitable structure has been or 'shall be erected,
shall be and or
esaids aSewero twithin d180
structure to the Sanitary System 1daysg from
the date that said Sanitary Sewer System, or that portion thereof
available to serve the premises in question, is completed and
goes into operation; and the owner, tenant, occupant or user of
or or unit the`r'eof, as the case may
buA 1deafter
bey shall refraJi_fig
`n fro"in using, and cease to use, any
k
other method for the disposal of sewage and sewage wastes, and
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shall, effective at-the time and date specified below, pay sewer
service charges as provided for hereinafter.
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SECTION 3. SEWER SERVICE CHARGES - SCHEDULE. The follow-
ing schedule of monthly sewer service charges for sewer service
provided or.made available by the Sanitary Sewer System of the
City is hereby determined to be_just and equitable and is hereby
adopted and established, to be effective at the date of the
..rendering of the first bill'for water service by the Consumers
Water Company on or after January 1 1968 whether
or not the premises, building or structure is then connected
to said,,Sanftary Sewer System, and 'said sewer service charges
shall thereafter be the liability of, charged to and-paid by
the owner, LenanL, user or occupant of each building or
structure or unit therof to whom a bill for water service is
rendered by the Consumers Water Company' "for use of water in
each such building and structure or unit thereof required to be
connected to -the said`-Sanitary Sewer System of _the City, to -wit:
(a) tial g un'
lfamily residence, and each separate residen-
tial in' " °`duplex, apartment, commercial or
_. •; u.
industrial buildings, having a separate "meter for
water service to such unit, per month:_
$2.00 per month minimum, based on the'measured
use of water not exceeding 600 cubic feet;
$0.32 "per hundred cubic feet';for the next
2,500 cubic feet;
provided; however, that the maximum monthly sewer
service charge f or any single family residence or
for each separate residential unit in duplex,
apartment, commerci'hY'pr industrial buildings,
having separate water meters for water service
thereto, shall be $4.5'0:
(b) Duplex residences not having'a separate water meter
ten_ ;
for water service to each living unit" the °rein,
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apartment MiM ing�s having three or more separate
living -units "'therein and-not- axing separrate iaater
meters for water service to each 11 '"- unit d'` herein,
r
and alI` other buildings -or structures, except as
provided in subsection' "(e) below, or each unit or
portion thereof having 'a separate meter for water
service thereto, per month:
$2.00 per month ninimum` based on the measured
r use of water not exceeding 500 cubic feet;
}� $0.23'per hundred cubic feet for the next 2,500
c r' � •.
cubic feet;
$0.28 per hundred cubic feet for the next 7,000
cubic feet;
$0.26 per hundred cubic feet for all water used
over 10,000 cubic feet;
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(c) Commercial structure occupied by one occupant only
and containing only one living unit and one store
or office having only one lavatory and one water
closet, per monthe
$2.00 per month minumum, based on the measured
use of water not exceeding 500 cubic feet;
$0.32 per hundred cubic feet for the next
2,500 cubic f_Pet;
provided, however, that the maximum monthly sewer
service charge for said commercial structure
occupied "by one occupant only, and containing only
one liv'i`ng unit and one store or office having only
one lavatory and one water closet, shall be $9,00.
(d) Buildi.'gs under construction, per month:
$2.00 per month`minimu , based on the "measured
use of water not exceeding 500 cubic feet,
$0.32 per hundred cubic feet for the next 2,500
cubic feet;
provided, however, that the maximum monthly sewer
service charge for any one building under construction
shall be $4.50.
(e) Hospitals, als, universities and similar type inst`itut'ions,
such
reasonable rates by contract as may be deemed
equitable, tiking`into consideration any pre-treat-
ment of sewa'g'e, volume of sewage, delivery of sewage
to disposal plat or to pressure sewers, whether or
not a special assessment was levied upon the property
served for payment 'of part of the cost of installa-
tion of the sewer system, and any other relevant
factors.
(f) The water consumption in and`iponx uild ngs °or
structures or units "thereof ''to be u's'ed as a basis
of measurement in fixing or applyinV the rate
schedule set forth above shall be based'upon-and
fixed by"the meter reading of the Consumers Water
Company' for the billing 'period ending 'pr ior to
the billing date for water service, and'for which
the bill is rendered, as <prescrbed by the practices
and 'regulations of the Consumers Water Company,
provided, however, that when approved,by the City
Manager secondary meter 'or meters maybe installed
by the owner to determine' the amount of water used
on premises, but which does not go'nto the sewage
collection system, and viii' h 'reading may be deducted
from the Consumers Water Company meter to determine
amount of water for basis of sewer service charge.
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(9) In cases where the character,
strength and quantity
o sewage from any bulld�
f M
or premises is such
that it imposes a burden upon the Sanitary Sewer
System of the City, in addition to the burden
imposed by the average sewage entering the Sanitary
Sewer System, such additional charge may be made-
therefor as the City Council deems to be fair and
equitable to meet the additional cost of --
collection,
treatm,"f AV�A A; Posal of such sewage; and City
Council may, --i-f it deems it advisable, compel the
owner, tenant or occupant of such building or'pkom-
ises to treat such M§wage in such'maMibr as shall
such sewage into 'the Sanita"ky Sewer System of the
City.
(h) In the event that water shall be jd
I , &iihed by or
from any other source than the -Con idimie'r's' Water
C6 an for use ih"6r up-oh any building, structure
or unit - the'keo' - by_E
f �Afth iS6 area served lie
Sanita"r"y''' Sewer Systeth, the owner, tenant or occu-
pant- of such build ihg, i3triiftuirb or unit thereof
shall install at Wj' gown s expense a meter acce
able to the City Manager for
measurin"llie qupaniafy
g
of water fsio used, and bills for sewer service dhdk*ges
shall be 'reridered"hbrithly and sewer service cha?§943
shall be paid at the same rate or rates as pidVAded
for herein as if the water were f"
fu� - Abd by the
C6nsu'm6er's Water Cc#fpaT . fy. pe -1fistallat 0 i
fiding `4
��46t shall �._ 7 -, , the
of 'such meter, the City -man 11 esei!�&te he
quantity -of water used in each such Milldi'ng.
structure or Whit thereof and-b!A's shae_'
ll'be rendered
for moiithly sewer servicbcheftges -computed on the
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basis of such estimated quantity of water used and in
accordance with the rates as set-forth li�6-reln-.
M 8uc'h adjustments to billing --for sewer service charges
due to over and under r�i'- klT�un o
I &_ �L _91, f water meters,
underg�ko'und'-Deak si esta�iL water use by
consumer when -WAter meters haV64,been inoperative,
obviously incorrect meter readings recorded, or for
other recogn'ized anape6 r adjiX6ek&h:tsas are granted
to water consumers by the Consumers -Water Company, will-
be accepted by the City and such adjustments for "water
use shall be applicable to obtain the indicated ad-
justed'billing of sewer service charges.
SECTION .4, NO FREE SEWER SERVICE•.TO BE'RENDiERED, There
shall be no "free services rendered by i_Si �S�' System,
' �It - ky'Sewer
except in such cases as m&ybe covered in subsection (e) of
Section 3 hereof, if the City or any other go4ernMe"Intal ub", i , t,
or any department, agency or instrumentality ,thereof shall avail
itself'of the services and facilities of the Sanitary Sewer System
it shall pay for the use Of such services and facilities at the
established rates for commercial buildings.
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SECTION 5. BILLING AND COLLECTION OF SEWER SERVICE CHARGES.
Sewer service charges for the use of the facilities of the
Sanitary Sewer System shall be billed and collected by the
Consumers Water Company from each water consumer, as an added
and designated separate item upon the water service bill for
the respective month or billing period in accordance with the
rates established herein, or as such rates maybe charged from
time to time, and such sewer service charges shall be due and
payable at Una sar«a time avatar service charges are due and pay-
able to the Consumers Water Company. The user of water service .
shall be required to pay the sewer service charge at the same
time the water service chart 'is' paid, . and shall ``nbt be per-
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mitted to pay -the water service charge without the payment of the
sewer service charge. In the event that any sewer service charge
remains unpaid 90 days after the due date thereof, the water
ser'vi'ce to the biilding"or structure or units thereof affected
_ ,_ _� " =w
shall be discont }inued, and -water service to the building`or
structure or units thereof shall not be re- established until
such time as all sewer service charges due shall have been paid,
together with "such penalties as may be prescribed; and the City
shall, under reasonable rules and regulations,-shut off ard'dis-
continue the §upplying of the services and facilities of the
Sanitary Sewer System in the event that the sewer service charge
remains unpaid 90 days after the due "date thereof, and
shall 'not 'restore said sewer services until such tme'as all
such sewer service charges have been paid, together with such
penalties as may be prescribed.
SECTION 6. RULES AND`REGULATIONS. Pursuant to`the pro-
vision's 'of `this ordinance, the City Council may `'by resolution
� ` � f , rules and regula'tion`s not incon-
from time to t�.ine prescribe
sistent, herewith concerning "bill'irig,'coliection and enforce-
ment of collection of sewer service charges and rules concern-
.
Snstemnninclud nofthuildi"ngs and structue6'9`to the Sanitary Sewer
9
Sy g e imposition of reasonable charges for making
such connections.
SECTION 7. SEWER '�'MV ICE `CR GES A LIEN. All 'sewer service
charges for sewer service 'to any `bui lding or structure 'or unit
thereof remaini'rig" unpaid for 120 days after the--due date
thereof as provided in this ordinance shall as of said date be
and become a lien against and upon the lands And property to
which such sower service has been furnished to the same extent
and character as the lien of the City of South Miami, Florida,
for special assessment; and with the same penalties and with `the
same rights of collection and sale and forfeiture as obtained for
City taxes.
SECTION 8. SEWER SERVICE CHARGE A bEBT. Any sewer ser-
vice '
char e, 'together with' an "'
g g � y penalty as may be prescribed 'for
delinquency "in''payinent thereof imposed by'th'e provisions of this
or any other ordinance of the City of South Miami, is hereby
delcared to be a debt due to the City of South Miami, and any
persons liable therefor as provided -by this ordinance shall
be liable to the City for the amount-of such sewer service
charges and penalties, recoverable in any court of competent
jurisdiction. The right of the City to recovery of the amount
of any sewer service charges or penalty due hereunder shall be
cumulative and not in-lieu of the right of the City and /or
Consumers Water Company to discontinue water service and /or
sewer service to the user or premises involved.
SECTION 9. MAINTENANCE OF SEWER LINES BETWEEN PREMISES
AND CITY SEWER MAIN. The any owner of
� y property furnished
sewer service shall'be re'sp"ons bJe for keeping the .:sewer. .lateral,
-- - -
between the main'in the public right -of -way and the -lot line of
the property being served by said 'lateral, free and clean and ` "in
good repair, but it shall be unlawful for any person to-break,
dig "up or disturb any' portion'of any sidewalk, street, alley,
or Pigh't- of-way for sewer maintenance or repair without- "first
com i °in with all
Y g provisions of the plunbibg code and ordinances
of the City of South Miami.
SECTIONV10. LIFT PUMPS; The owner of any building`or
structure, 'iah °ich has a sewer line leading" °from such bu ldi — or
structure installed at an elevation which prevents "' flow by ng
gravity to the sewer lateral at the property line, shall be
regii'p`red to install alift pump of 'a type which shall be subject
to a proval of the Department of'Public Works.
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SECTION 11. BARRICADING'ExcAyMoNS. It shall also be the
duty 'of-" any ppr'son d sttirV ing, breakin or, di"
up "
g gg g " any portion
of any sidewalk, street, alley or right of way for sewer main'ten-
ance to furnish and maintain proper warnings and barricades, and
obtain the proper permits for such excavation.
SECTION 12. PENALT ES Any `:person convicted "for violating
any of the terms of Section 2 of this ordinance shall, upon con-
any ereof in a municipal court of the city of South Miami, 11 -.. �,.i
be sentenced to pay a fine not exceeding the Siam `of Five Hundred
D0l16rs'($500.00) or serve a term n'"
in the City ail or both such -fine 'and sentence, six (Q months
Y nce, in the dis-
cretion of the Municipal 'Judge.
any of the terms of SeE OFFENSES. Each day's violation of
cti
SECTION 13. SEPARAT
l6n 2 of this ordinance shall be deemed
and considered and is hereby specially''decla'red to be a separate
and distinct violation of the terms of this ordinance and punish-
able as such.
SECTION 14, INTENT. It is the intent that this ordinance
is permanent in nature and shall be included in the Code of
Ordinances of the City of South Miami, Florida, and the sections
hereof may be renumbered for such purpose.
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SECTION 15. SEPARABILITY. In the event that any portion
of this ordinance shall be held to be void, inconsistent or
of no effect by a court of competent jurisdiction, such holding
shall in no wise affect or disturb the remaining - portions of
this ordinance..
PASSED AND ADOPTED this 17th day of October, A.D. 1967.
APPROVED:
Mayor
ATTEST:
- _�� �- •_L'L -s� t ti
City elerk
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