HomeMy WebLinkAboutCity of Tamarac Ordinance O-1970-0050 ORDINANCE NO. 70 - ,5
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AN ORDINANCE REQUIRING SEWER CONNECTIONS
TO SEWER LINES WITHIN TWO HUNDRED FEET;
PROVIDING A COST OF $150.00 PER UNIT FOR
INSTALLATION AND CONNECTION CHARGES: RE-
SOLVING DISPUTES AS TO THE NUMBER OF
DWELLING UNITS BY APPROPRIATE AFFIDAVIT;
REPEALING ALL ORDINANCES IN CONFLICT;
PROVIDING A SAVINGS CLAUSE; AND FOR OTHER
PURPOSES.
WHEREAS, the City of Tamarac has water and sewer
lines available to substantially all of the available and
buildable area in said City and the City Council deems it
wise and expedient, and in the public interest, to require
that all buildings, residential, commercial or otherwise,
constructed in said City tie-in to the sewer lines prior
to their use and that any buildings currently in use but
not connected to the sewer line be required to connect
within a reasonable time in the future; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: Connection with sewerage system required:
(a) The owner of the property, or the person in charge
of or responsible for any property, upon which there exists a
building or structure inhabited or used and located in the City,
which property abuts or is within two hundred feet of a sanitary
sewer main shall connect said building or structure with and use
the services and facilities of the sewer system within eighteen
months of the date such sanitary sewer main is constructed and
available to such building or structure for use.
(b) It shall be unlawful for any person to construct,
install or repair septic tanks or other similar sewerage disposal
system in or upon any property which abuts or is within two
hundred feet of a sanitary sewer main available to such property
for use.
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• ORDINANCE NO. 70-,S(Continued)
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(c) It shall be unlawful for any person to drain,
or cause to be drained, any sewerage into septic tanks or
other similar sewerage disposal systems located in or upon
any property which abuts or is within two hundred feet of
a sanitary sewer main available to such property for use
after the lapse of eighteen months from the date such main
has become available for use.
SECTION 2:
Cost of installation; connection charges.
(a) The cost of labor and materials for the construction
and installation of a building sewer and the connection thereof to
the public sewer system shall be born by the person causing such
construction, installation and connection and all such construc-
tion, installation and connection shall be in accordance with
the applicable provisions of the City of Tamarac Building Code
and the provisions of other applicable ordinances.
40 (b) Cost of constructing one sewer tap to the property
line shall be born by the owner or the person in charge or re-
sponsible of said property, in accordance with the following
uses:
(1) A property owner or person responsible, con-
structing a new residential building or adding an addi-
tional dwelling unit or units to an existing building
shall pay a connection charge of $150.00 per dwelling
unit. A dwelling unit shall be defined to mean a
building or portion thereof providing living facilities
for one family and shall include a hotel room or motel
room as they are defined elsewhere in the Code of
Ordinances of the City of Tamarac.
(2) A property owner, or person responsible,
constructing a new building for business purposes
or adding an additional business unit or units to
an existing building shall pay a connection charge
of $150.00 per business unit. A business unit
shall be defined to mean a building or portion
thereof providing facilities for one business
purpose; provided, however, any office building
wherein the amount and number of business purposes
and uses may not be determinable at the time the
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ORDINANCE NO. 70 - 5 (Continued)
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connection charge is due shall pay the sum of
$150.00 per sink or toilet facility in accord-
ance with the plans and specifications submitted
to the Building Department to obtain a building
permit. Prior to the installation of any addi-
tional sink or toilet facilities, at any time in
the future, the additional $150.00 connection charge
shall be paid.
(3) Where a habitable building exists or has
existed on the property for which a building permit
is applied for to construct a new building or
additions to an existing building, which building
is or has been demolished voluntarily to make room
for the new building or additions to an existing
building within ninety days of the date of appli-
cation for the building permit for the new build-
ing or additions to the existing building, the
applicant shall be entitled to receive a credit of
$150.00 per dwelling unit or business unit in the
demolished building against the amount of the
sewer connection charge for such new building or
addition to an existing building; provided, however,
that any building which has been demolished pursuant
to the order of any governmental authority shall be
deemed not have been voluntarily demolished. Demo-
lition occurring by fire or act of God shall be
construed as a voluntary demolition and shall not
be limited as to the time for application for a
building permit to reconstruct in order to receive
the allowable credit.
SECTION
3: Time of payment.
Sewerage connection charges shall be paid as follows:
A. If the total charge
be collected
Dollars of]ess, the entire
at the time of application
permit and no permit shall
the total connection charge
67
sum shall be' paid
for a building
be issued until
has been paid.
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• ORDINANCE NO. 70 - .b- (Continued) -4-
B. If the total charge to be collected is in 'jr-
excess of G7 506,°. `
Dols, one f the total
amount shall be paid at the time of
application for a building permit and no
permit shall be issued until said charge
is paid; the remaining one-half shall be
due prior to the issuance of a certificate
of occupancy or at the time use is requested,
whichever is sooner, and no certificate of
occupancy or use shall be allowed until said
complete charge has been paid in full.
SECTION 4: Disputes as to dwelling units.
In the event that due to the design and construction
of a building a dispute arises between the Building Department
and any property owner, or his agent, as to the number of
dwelling units in a particular building, or business purposes,
the property owner may execute an owner's use affidavit and
agreement swearing to the exact number of such units or busi-
ness purposes, and the oath of the owner shall be conclusive
with respect thereto. The number of dwelling units as set
forth in any such standard form, or any subsequent amendment
or supplement thereto, shall govern the calculation of
amount due for sewer connection charges and required off
street parking spaces. The owner's use affidavit and agreement
shall be in substantially the following form:
OWNER'S USE AFFIDAVIT AND AGREEMENT
STATE OF FLORIDA
COUNTY OF BROWARD
Before me, an officer duly authorized to take
oaths, personally appeared
who, being by me first duly sworn, deposes and says:
1. That he is sui juris and makes this affidavit
• with full knowledge of the penalties and provisions of the
Laws of the State of Florida relating to the criminal offense
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ORDINANCE NO. 70 -,5 (Continued)
of perjury and/or false swearing, as well
with respect thereto, for the purpose of
number of dwelling units in the building
described property; to wit,
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as the cavil remedies
establishing the
on the following
2. That the property described in paragraph number
1 above is owned by:
3. That he makes this Affidavit with full knowledge
that the provisions of Ordinance No. 70 -277 , of the Code of
Ordinances of the City of Tamarac require the payment of a
sewer connection charge of $150.00 per dwelling or business
unit and that a dwelling unit includes a hotel or motel room
without cooking facilities for rent for the use of transient
or permanent guests having a separate entrance so that it
can be rented separately from, and independently of, any
apartment or other room on the same premises. That he
warrants and represents that although this building is so
designed and constructed that it contains motel rooms as may
be defined by the Code of Ordinances of the City of Tamarac,
said rooms will never be rented for utilization as a separate
dwelling unit, other than as specified herein, and that based
upon the above representations said building has a total of
dwelling units.
4. In consideration of the acceptance by the City
of Tamarac of this Affidavit as a conclusive determination
of the number of dwelling units in his building for purposes
of computation of sewer connection charges and off street
parking requirements, your affiant further covenants, warrants
and agrees, that in the event he should desire to rent for
utilization as separate dwelling units in excess of the number
specified herein he will first contact the Building Department
and advise the appropriate officials therein of such intended
use and he shall also pay an additional connection charge of
$150.00 for each such separate dwelling unit prior to commencing
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ORDINANCE NO. 70- .-5' (Continued)
such use. He will also provide for such additional off street
parking spaces as may be required by the proposed utilization
of the additional dwelling units. It is further understood
that at all times after a portion of the building has been so
designated by the owner as a separate dwelling unit it will
be subject to a separate monthly sewer service charge irre-
spective of different uses which the owner may, from time to
time, make of such separate dwelling units. The number of
original dwelling units or additional dwelling units, may not
thereafter be reduced after having been so designated as a
separate dwelling unit or units by the owner, such designation
to be irrevocable, binding and conclusive.
5. This instrument shall be construed as a covenant
running with the land and shall be binding upon the affiant,
his heirs, successors and assigns, and shall be recorded in
the public records of Broward County, Florida. Any violation
of the terms hereof shall be viewed as a fraud upon the City
and shall result in immediate termination of water and sewer
to the building and premises covered hereby. In addition, it
is understood that by the cessation of such sewer and water
service, the City does not waive any of its right to proceed
with other legal remedies, both civil and criminal, as it
may deem appropriate under the circumstances. In the event
civil litigation is instituted by the City for a violation
of this ordinance, your affiant shall be obligated for all
costs and expenses, including reasonable attorney's fees of
the City.
6. This agreement shall be
Records of Broward County, Flaida, at
affiant, which expense shall be paid
hereof.
Signed, sealed and delivered
in the presence of:
recorded in the Public
the expense of the
at the time of execution
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0 ORDINANCE NO. 70 - J (Continued)
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STATE OF FLORIDA.
COUNTY OF BROWARD
of
SWORN TO AND SUBSCRIBED before me this
A. D., 19
Notary Public
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day
SECTION 5: Should any section or provision of
this ordinance or any portion thereof, or any paragraph,
sentence or word be declared by a court of competent juris-
diction to be invalid, such decision shall not affect the
validity of the remainder hereof as a whole or any part
hereof, other than the part declared to be invalid.
SECTION 6: All ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
PASSED FIRST READING this 13th day of January, 1970.
PASSED SECOND READING this 17th day of February, 1970.
PASSED THIRD READING this 4qa day of March , 1970.
ATTEST:
City Clerk"/
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