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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2006-009Temp. Ordinance #2111-January 18, 2006 Page 1 Revised: 01 /26/06 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2006-� AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, TO PROVIDE FOR THE DISCONTINUATION OF UTILITY AND SOLID WASTE SERVICE AT CONSUMER'S REQUEST DUE TO UNINHABITABLE CONDITIONS AS DETERMINED BY THE CITY'S BUILDING OFFICIAL; SPECIFICALLY AMENDING CHAPTER 19, SOLID WASTE, ARTICLE II, COLLECTION, SECTION 19-26; FURTHER AMENDING CHAPTER 22, UTILITIES, ARTICLE III., RATES AND CHARGES AND BILLING PROCEDURES, DIVISION 4., GENERALLY, SECTION 22-136, OF THE TAMARAC CITY CODE OF ORDINANCES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has recognized that because of the catastrophic damage to certain properties due to Hurricane Wilma they have been deemed to be uninhabitable by the City; and WHEREAS, the City, as provider of utility service and collector of fees for solid waste collection to said properties, agrees that utility and solid waste billing may be discontinued upon request during a period of time that documented work is being completed to make the property habitable; and WHEREAS, The City of Tamarac desires to amend its Code of Ordinances to formally allow for discontinuation of solid waste collection and utility service in those instances when the property is uninhabitable; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to amend the Code of Ordinances of the City of Tamarac to allow for the discontinuation of utility Coding: Words stusk through are deletions from existing law. Words underscored are additions. Temp. Ordinance #2111-January 18, 2006 Page 2 Revised: 01 /26/06 service and solid waste collection due to documented cases in which the property is uninhabitable. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of the Ordinance upon adoption hereof. SECTION 2: The City Commission of the City of Tamarac hereby amends Chapter 19, Solid Waste, Article II, Collection, Section 19-26, as follows: Section 19-26. Required; suspension of services when premises not occupied. Each occupant of residential and nonresidential property within the city shall arrange for the collection and disposal of his garbage and trash service through the use of a franchised collector. Such services may be suspended during periods when the premises are not occupied for one (1) or more months. Such services may be suspended fora period greater than one 1 month upon completion of an application provided by the Cily and the determination by the Cit 's Chief Building Official that the property is uninhabitable due to catastrophic damage. SECTION 3. The City Commission of the City of Tamarac hereby amends Chapter 22, Utilities, Article III. Rates and Charges and Billing Procedure, Division 4. Generally, Section 22-136, Termination of service at consumer's request, as follows: Section 22-136. Termination of service at consumer's request. If service is terminated at the consumer's request and resumed at the same address to the same consumer, firm or related consumer or firm within a twelve-month period with no intervening consumers, the service availability charge for the period of service termination will be collected as a condition precedent to restoration by service. This requirement may be waived based upon the written reguest of the consumer b Coding: Words stmekthFeugh are deletions from existing law. Words underscored are additions. Temp. Ordinance #2111-January 18, 2006 Page 3 Revised: 01 /26/06 completion of an application provided by the City, and the determination by the Cit 's Chief Building Official that the property is uninhabitable due to catastrophic damage. SECTION 4: It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION 5: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any provision of the Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not_ affect other provision or application of this Ordinance than can be given affect without the invalid provision or application, and to this end the provisions of the Ordinance are declared to be severable. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. Coding: Words stwslEthFOugh are deletions from existing law. Words underscored are additions. Temp. Ordinance #2111-January 18, 2006 Page 4 Revised: 01 /26/06 SECTION 7: This Ordinance shall become effective immediately upon its passage and adoption and shall further apply to any party affected by Hurricane Wilma. PASSED, FIRST READING this ? PASSED, SECOND READING this ;z 2- ATTEST: MARION S_W ON, CIVIC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. day of Febrvon.•1 ,2006. day of /-1'4rU V 2006. JOE SCHREIBER, MAYOR RECORD OF COMMISSION VOTE: 1st Reading MAYOR SCHREIBER 4, r P DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF ;s en t DIST 4: COMM. ROBERTS e RECORD OF COMMISSION V TE: 2nd Reading MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS C G 1 Coding: Words Tare deletions from existing law. Words underscored are additions.