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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1970-0050 ORDINANCE NO. 70 - ,5 .7 r LJ 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. i • ORDINANCE NO. 70-,S(Continued) dAI (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 9' r • • ORDINANCE NO. 70 - 5 (Continued) -3- 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. ,00 i • 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 r: • 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, -5- 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 i • 40 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 w 0 ORDINANCE NO. 70 - J (Continued) • STATE OF FLORIDA. COUNTY OF BROWARD of SWORN TO AND SUBSCRIBED before me this A. D., 19 Notary Public -7- 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"/ —1111'c'm '42 aLL 10