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HomeMy WebLinkAbout274 Water and Sewer Ordinance .. ., , ? )11 115 • 6/4 ORDINANCE NO . c32--7f AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA DEFINING SEWAGE DISPOSAL SYSTEM; DEFINING SEWER SYSTEM; ESTABLISHING WHO MUST CONNECT THERETO ; ESTABLISHING APPLICATION FEES ; REQUIRING GRANT— ING OF EASEMENTS ; ESTABLISHING EXCLUSIVE RIGHT OF THE CITY TO MAKE CONNECTIONS ; PROHIBITING UNAUTHORIZED CONNECTIONS ; PROVIDING FOR INSPECTION QF PLUMBING; GOVERNING THE USE OF FUNDS COLLECTED; IMPOSING LIABILITY FOR CHARGES ; PROVIDING FOR USE OF FACILITIES BY THE CITY; ESTABLISHING SUBSTANCES THAT ARE PROHIBITED FROM PLACEMENT INTO THE SEWER SYSTEM, BOD LIMITS AND INTERCEPTION; PROVIDING FOR PLUMBING MAINTENANCE ; RESTRICTING CORROSIVES ® . OR INFLAMMABLES ; RESTRICTING LIABILITY OF THE CITY; PROVIDING FOR A SERVICE OUTSIDE CITY LIMITS AND AT CITY DISCRETION; PROVIDING FOR CITY APPROVAL OF o ROUTES ; ESTABLISHING LIABILITY FOR COSTS ; REQUIRING A WATER METER AND PROVISIONS FOR PENALTY FOR VIOLATION; PROVIDING FOR METER INSTALLATION, READING METERS , AND TESTING METERS ; PROVIDING FOR WATER INSTALLATION, CONNECTIONS AND CHARGES ; PROVIDING CHARGE FOR TURNING WATER ON OR OFF; GOVERNING DIS— CONTINUING SERVICE FOR NON—PAYMENT; MAKING. IT UNLAW— FUL TO TAP OR MAKE CONNECTIONS WITH CITY WATER OR SEWER MAINS OR PIPES WITHOUT PERMIT AND ESTABLISHING • A PENALTY THEREFOR; PROVIDING A METHOD FOR RE—READING • ;:p• OF WATER METERS ; PROVIDING A CORRECTION OF BILLS FOR LEAKS OR FAULTY METERS ; REQUIRING DEPOSITS FOR WATER 111 AND SEWER USERS ; ESTABLISHING RATES OF DEPOSIT; REQUIR— ING ALL USERS TO CONNECT TO WATER SYSTEM AND DEFINING WHAT PARTIES MUST CONNECT; NEGATING PAYMENT OF INTEREST ON THE WATER OR SEWER DEPOSITS ; ESTABLISHING RATES FOR WATER AND SEWER SERVICE TOGETHER WITH PROVIDING RATE FOR AN INTERIM PERIOD UNTIL WATER IS PROPERLY METERED; PROVIDING FOR INITIAL CONNECTIONS TO A MASTER METER; PROVIDING FOR CONSTRUCTION CONTRACTORS TO CONNECT TO CITY FACILITIES , PROHIBITING RESALE OF WATER; GOVERN— ING TAMPERING WITH CITY WATER WORKS OR SEWAGE DISPOSAL SYSTEM AND PROVIDING PENALTY THEREFOR; PROVIDING A LIEN FOR DELINQUENT WATER OR SEWER SERVICE BILLS ; PROVIDING FOR FORECLOSURE OF LIENS AND APPROPRIATE FILING; ESTABLISHING RATES PRIOR TO METER INSTALLATION; REPEALING WATER AND SEWER PRIOR ORDINANCES; PROVIDING FOR A SAVINGS CLAUSE; ESTABLISHING EFFECTIVE DATE . • / CD 1/1 RECORD VERIFIED Ni T JED PITTMAN rn (01 Clerk Circuit Court, Pasco County t BY :P- -rs' ? r,N C n • et I VC) Rr C 916 f4E. 5591, p SECTION 1 . (a) SEWAGE DISPOSAL SYSTEM: "Sewage Disposal System" shall mean and include those works owned and operated by the City for the disposal of sanitary sewage begin- "' ning with the last lift station of the sewer system, and embrac- ing all conduits through which the sewage thereafter passes to the point of final disposition in a stream, canal or retention pond including such purification and treatment facilities and ® works as may be provided there in the course of such disposal . (b) SEWER SYSTEM: "Sewer System" shall mean the complex 0 municipal sewer system, including any sanitary sewers and lateral sewer lines or other sewer facilities heretofore constructed or acquired by the city, together with any and all improvements , extensions and additions to the sewer system or any part thereof -, hereafter constructed or acquired, and shall include, without being limited to , all lands or interest therein, plants , buildings , machinery, franchises , pipes , fixtures , equipment , and all property, real, or personal , tangible or intangible, now or hereafter owned and used in connection with the sewer system. SECTION 2 . (a) SEWER CONNECTION: The owner, tenant, or occupant of each lot or parcel of land within the City which abuts a street, alley or other public way containing a sewer service, or which is located within 200 feet thereof, and upon which lot or parcel a building or other inhabital structrare has been or shall be erected for residential, commercial or industrial use, shall connect the building or structure to the sewer system or to such of the several and respective systems as may from time to time be extended so as to be or become available within the aforesaid distance , and iyshall thereafter refrain from using, pr cease to use any other method for the disposal of santiary sewage; and shall thereafter pay all the charges , fees and rates provided therefore. All such connections shall be in accordance with the rules and regulations which shall be adopted from time to time by the City Council ,which rules and 4,.6, 2 • regulations may provide for reasonable charges for making such connection. That any owner, tenant or occupant of any such lot either failing or refusing to connect with the sewage system, within a 111 120 day period of time upon receiving notice by the appropriate city official to connect said sewage system, shall , upon convic- tion thereof, be sentenced to pay a fine up toe dollar amount of One Hundred Dollars ($100 . 00) or spend fifty (50) days in jail , or both, in the discretion of the presiding Judge ; for each subsequent conviction shall be sentenced to pay a fine up to a dollar amount of Five Hundred Dollars ($500 . 00) and ninety (90) days in jail , or both. SECTION 3 . APPLICATION FOR SERVICE . No person shall use the city water and/or sewer system without first making written application for such service to the City, at least fourteen (14) - days , in case of initial cut-in, before the service is desired, paying all costs , charges , fees , and deposit incident thereto . Such application shall be on forms furnished by the City, and such applicant shall agree by acceptance of such service to abide by all the provisions of this chapter and such applicable rules of the City in regard to the use of its water, sewer and sewage disposal system, as may from time to time be operative and effective. All such applications shall be accompanied by the sum of Two Hundred Dollars ($200. 00) , as a sewer tie-in charge and One Hundred Dollars ($100 . 00) as a water impact fee per family unit or equivalent thereto . Applications for service by firms , partnerships , associations and corporations shall be tendered only by their duly authorized agents , and the official title of such parties shall be assigned to the, 'l application. SECTION 4. EASEMENTS : The applicant shall grant or cause to be granted to the City, without costs , all rights , easements , - 2 - l . ; $; permits , and privileges which are necessary for the rendering of sewer and/or water service. Said rights , easements , permits and 111 privileges shall be executed to the City of Zephyrhills prior to connection to City' s systems or upon request by the city thereafter duly authorized employees of the City shall have access at all reasonable hours to the premises of the applicant for the purpose of installing or removing any of its property, examining pipes or 0 fixtures , or for any purpose incidental to the rendering of sewer gq Q or water service . Q SECTION 5 . CONNECTION BY CITY : No person, except those persons duly employed or authorized by the City for such purposes , shall tap or make any connections to the City' s sewer and water mains or lines . No person other than an authorized City Employee shall enter any public sewer or appurtenances thereof without a written permit III from the City. SECTION 6 . UNAUTHORIZED CONNECTION: No person shall connect to , or turn on, any sewer service or cut-in, inter-connect , tap or make any alteration to any main or distribution or collection pipe of the City' s water or sewer system or permit any connection or tapping to be made to the City' s water or sewer system, on his premises , or the premises occupied by him, or to knowingly use City' s water or sewer service from connections in violation of any provision of this Chapter, or any rules or regulations adopted by the City Council with respect thereto . SECTION 7 . PLUMBING INSPECTION: No sewer service shall be connected until the plumbing connections incident thereto shall have been inspected and approved by the public plumbing inspector . The authorized plumbing inspector for the City of Zephyrhills will be the following offic- als , building inspector or his appointed" representative, water/sewer superintendent or his appointed representa- tive. 1 k m...:14.- % i.j ., — 3 — :fFi'. i.c.:4x•.. ��L om •�•�� :li, u _ t ; • SECTION S . USE OF FUNDS COLLECTED : The funds received from the collection of the charges or rentals authorized by this Ordinance shall be deposited daily with the City treasury, and shall be accounted for and be known as the Sanitary Sewerage Fund and when appropriated by the City Council , shall be available for the purpose of payment of the costs and expenses of the management , maintenance and repair of the City' s sanitary sewerage system, and the sewage pumping treatment and disposal works , and any surplus in such funds shall be used for the payment of the interest on the certificates issued and outstanding , or which may be issued, to provide funds with which to pay the City' s portion of the cost of constructing such sanitary sewerage system, or part thereof, and such sewerage pumping treatment and disposal works and to retire such certificates when they mature, and/or for the enlargement or replace- ment of said sanitary sewerage system, pumping , treatment and disposal works . 111 SECTION 9 . LIABILITY FOR CHARGES : Liability for sewer service charges shall begin on the date the user is connected to the City' s sewer mains , in accordance with the provisions of this chapter and shall continue thereafter unless the user is disconnected for non-payment or other cause. The City shall have the right to dis- connect any use of sewer services for non-payment of charges due for such services , provided that such users shall be given ten (10) days notice of the City' s intention to disconnect such sewer services . SECTION 10 . CITY USE: The city or any department or instrumentality thereof availing itself of the services and facilities of the sewerage system shall pay for the uses of such service and facilities at the established rate unless exempted by action of the city council. SECTION 11 . PROHIBITED SUBSTANCES : It shall be unlawful to permit or cause the flow of any of the following substances into the sewer system of the city; • (a) Any grease, fatty material , offal , or garbage. (b) Any stone dust , sand, dirt, gravel , sawdust, metal filings, broken glass , or any material 111 which may cause or create an obstruction in the sewer. (c) Gasoline, benzine, fuel oil , or any petroleum products or volatile liquids . (d) Milk or any liquid milk waste products in quantities in excess of ten gallons during each twenty-four hour period. 0 SECTION 12 . CHEMICALS : It shall be unlawful to cause or 0 permit to flow into the sewer system any cyanide, phenols or any Qother chemical substance which interferes with or prevents the function- ing of the sewage treatment plant . SECTION 13 . INTERCEPTION: Every building or premises used or occupied by any sewer user where any commercial or industrial operations are conducted or permitted which result in the discharge into the sewer system of the city of any of the products , waste products or other substances in the manner and to the extent prohibited in this ordinance, shall be equipped with an adequate and suitable catch basin, grease trap , filter or other interceptor, installed in such a manner that the products , waste products , or other substances herein set forth will not flow into or be discharged into the sewer system. It shall be unlawful to permit the flow of waste from such building or permises into the sewer system unless such interceptor is installed and in good working order. SECTION 14. B.O.D. LIMITS : The admission into the public sewers of any waters or wastes having (a) a five-day biochemical -:. 111 oxygen demand greater than 250 parts per million by weight of suspend- ed solids , or (b) containing more than 1000 parts per million by weight of suspended solids , or (c) having an average daily flow greater than two percent of the average daily sewage flow of the city, shall be subject to/ the review and approval of the city. 'There ' ,i 40 ;; � trfir? `c`.. { k • necessary, the owner shall provide, at his expense, such pre- liminary treatment as may be necessary to, (a) reduce the bio- chemical oxygen demand to 250 parts per million and the suspended solids to 1000 parts per million by weight, or (b) reduce objection- able characteristics or constituents to within the maximum limits provided for or control the quantities and rates of discharge of such waters or wastes . Plans , specifications , and any other pertinent information relating to proposed preliminary treatment facilities shall be submiUEd for the, approval of the City and no construction of such facilities shall be commenced until said approvals are obtained in writing. SECTION 15 . PLUA•IBING MAINTENANCE. The owner, tenant or occupant of the property shall be continuously responsible for maintaining and keeping the sewer pipes , leading to and between the plumbing system of his premises to the city' s main, clean and free from obstructions and shall not cause, suffer or permit any article or thing to be introduced into the pipe which causes a stoppage thereof. Failure to keep the pipes leading from the plumbing pipes to the sewer main clean and maintained in proper condition shall give the city the right to cut-off the water connection which shall not be re-connected until sewer pipes are cleaned and maintained properly . SECTION 16 . CORROSIVES OR INFLAMMABLES : No person shall make or maintain any connection with any public or private sewer, or appurtenances thereof, whereby there may be conveyed into the same any suffocating, corrosive or inflammable, or explosive liquid gas vapor substance or material . SECTION 17 . NON-LIABILITY OF THE CITY: The City shall not be liable for any damage resulting from bursting of any sewer mains , service pipe or service connection or by discontinuing the operation of its sewerage collection treatment and disposal facilities for repairs , extensions or connections , or from the accidental failure of 'the sewerage collection treatment and disposal system, from any S . cause. whatsoeverr. jncase of emergency, the city may restrict the �, �y kyr r 4 b dr?'aa,{9 t 1% 1. .d}t - 6 - .use of its sewage treatment collection and disposal system in any reasonable manner, for the protection of the city and its sewage disposal system. SECTION 18 . SERVICE OUTSIDE CITY LIMITS : Whenever any 111 person desires to secure the services beyond the persent lines of 11 the City, he shall make written application to the City Council stating the name of the owner(s) of the property, the kind of sevices desired, the purpose for which such service is required, and giving a definite description and a definite location of the ® property where such service is to be rendered, and such other informa- tion as will aid the Council in determining the advantages to be 0 derived from such service. The application shall be accompanied by a plat showing the route along which such lines are to be extended, ICE and where the connection with the city' s existing line is to be made, and in such application there shall also be stated the name of the person, or members of the firm, or presiding officer of the corpora- 1, tion, making such request for service, with the post office address of each. Such application for service (sewer and/or water) shall be in compliance with established rules and regulations pertaining to execution of annexation agreements . SECTION 19 . CITY DISCRETION: All applications for service outside the city shall be carefully considered and examined, and it it is found that the service requested is feasible, and it will be to the best interest of the City to grant such application, then, before agreeing to such extension it shall be required that the applicant give easement of way for constructing and maintaining the line, and until such easement is granted to the City, no service shall be allowed. SECTION 20. CITY APPROVAL OF ROUTES : Before allowing or agreeing to any extension of the sewer and/or water system, the City Council shall approve the route to be adopted for such extension, and shall require the applicant to procure and deliver to the City deeds conveying the easement of way or the entire route proposed for r vt - 7 - F�~5€ }. i 'vt 11 � ! 95 L. J. a-�••;. M 7• _ firwrb the constructing and maintenance of such extension. Upon completion of such extension, and extension being inspected and approved by appropriate officials , the applicant shall transfer and assign the same to the City by deed of conveyance , vesting title to such lines in the City. SECTION 21.. COST : The entire cost of extension of the sewer and/or water system shall be borne by the person applying for such service. The costs incurred by the applicant shall not be reimbursed to said applicant . This expenditure by applicant is a direct result from applicant desiring to obtain the fullest degree of public health and safety for his useage . SECTION 22 . WATER METER REQUIRED; PENALTY FOR VIOLATION : (a) It shall be necessary for any user of water furnished by the city who does not have a meter installed upon his or its premises to so notify the City Manager of the City of Zephyrhills , and said City Manager shall provide for the installation of a meter in accordance with the connection fees as shown in Section 2.1 . (b) It shall be a requirement that each single family residential unit and duplex shall have a separate water meter . The City of Zephyrhills may require that each unit in a multiple unit area be metered individually, which requirement may be enacted either in the initial stage of the multiple residential unit development or at any subsequent date that the City deems advisable and an early non-requirement by the city shall not be a waiver of that require- ment . Multiple unit area shall mean an area utilized for a high density of residential living, for example an apartment complex, mobile home park and travel park. Multiple being three or more 111 residential units . nif; �j; T� ;�f - 8 -z� ,j b f i ,r'.+5• �i'1 � ; 1 ,ti • f T t: •: S'VII ri . 1 (c) In the event any user shall fail or refuse to comply with this section, after notice by the City Manager of non-compliance of what is required to comply and that unless user/owner shall comply with this section within thirty (30) days illafter such notice and that water service will be discontinued at the expiration of such 30 day period, then the City Manager shall , at the expiration of said 30 day period, discontinue water service to such consumer. An additional fee of $1 . 00 shall be added to the bill when notice has been caused to be mailed. SECTION 23 . METER INSTALLATION: Meters shall be installed 0 in a location that will be easy of acess . gq SECTION 24. READING METERS . The City Manager by his agents 0 GT shall read or cause to be read every water meter used in the city CI CI at such times as are necessary that the bills may be sent out at the proper time . SECTION 25 . TESTING METERS . Any municipal water meter shall be taken out and tested upon complaint of the consumer, upon payment of a fee of $30 . 00 . If upon test the meter is not within 111 three percent of being accurate, it shall be repaired or replaced and the $30 . 00 fee returned to the consumer . SECTION 26 . WATER INSTALLATIONS AND CONNECTIONS AND CHARGES FOR SAME . (a) Before any building or property shall hereafter be connected to the water system of the City of Zephyrhills , there shall be paid to the City Manager of said city the following sums of money set forth for said connections in accordance with the following schedule : 3/4 inch meter at cost to city 1 inch meter at cost to city 1 1/4 inch meter at cost to city 1 1/2 inch meter at cost to city 2 inch meter at cost to city III ("At cost to city" means that the city willfurnish said installations and pay for same at current market price, and that the user will be charged for the item at whatever it costs the city) ; PLUS any additional costs incurred by the city, together 4,t., with connection costs . `� `' 45 u " yi ,,++, .?,1%,( �' �r ! : ir ,f Zi " � , Ol p tia 9jirt ,i tii ' • - 9 - Said sums shall become the property of the City of Zephyrhills absolutely in payment for said items and services . 11/ (b) Charge for Turning Water on or Off : When it shall become necessary for a user to have his water turned on or off, the normal charge for such service shall be $5 . 00 or such other charge as the City Council may from time to time set ; providing, however, that service can be affected during the normal working hours of the city employees ; if a user shall request that the water be turned on or off at any time other than the normal working hours of city employees , the charge shall be $10 . 00 for turning the water on or off, or such other charge as the City Council may from time to time establish. SECTION 27 . DISCONTINUING. SERVICE FOR NON-PAYMENT. (a) In the event it becomes necessary to discontinue supplying water to any consumer for failure of said consumer to pay the charges , and subsequently said consumer shall pay said delinquent charges , then he shall be entitled to have said water service restored upon payment to the City Manager of the fee of $5 . 00 as a charge for restoring service , in addition to $5 . 00 cut-off fee. • (b) It shall be unlawful for any unauthorized person to obtain water from any of the fire hydrants of the city without first obtaining express permission from the City Council of the City. An "authorized person" shall be deemed to mean the fire chief, or any person properly designated by the City Council or the fire chief. All other persons shall be deemed to be unauthorized persons within the meaning of this section of the ordinance. (c) Any person violating the provisions of this section, 111 upon conviction thereof, shall be punished by a fine up to $100 . 00 or by imprisonment for a period of fifty (50) days or both. r. r � . - 10 - w B"1-417411 �; -. �.�, ; J i 5164'AGE - i SECTION 28 . UNLAWFUL TO TAP OR MAKE CONNECTIONS WITH CITY WATER OR SEWER MAINS OR PIPES WITHOUT FIRST OBTAINING PERMIT FROM THE CITY; PENALTY. It shall be unlawful for any person to tap or make any connection with the city water or sewer mains or pipes , other than ill. owners of property within or on their own property, without first procuring therefore a written permit from the city; and any person , violating the provisions of this section, upon conviction thereof, shall be punished by a fine up to $1 , 000 . 00 , or by imprisonmentf r a period of thirty days , or both. ® SECTION 29 . REREADING WATER METERS . If requested, water ® meter readings will be rechecked, however , if meter is not mal- functioning''and there is not a leak in the lines , then there shall Q be an additional charge of $5 . 00 to the person requesting rereading of meter. SECTION 30 . CORRECTION OF BILLS FOR LEAKS . If a user shows that a leak existed or that a meter has malfunctioned then • . 1 the bill can be adjusted. The adjustment., will not be lower than the three preceding quarter' s average . If the user has not had service for the above stated time period then the bill can be adjusted to the average of a similar user. SECTION 31 . DEPOSITS REQUIRED. All users of water and sewer shall be required to pay a deposit to the City of Zephyrhills . SECTION 32 . RATES OF DEPOSITS . Individually metered residential units and commercial activities excluding laundromats , schools , master metered residential .users , and other large commercial users shall be required to make a deposit equalling $50 . 00 . This deposit being for both water and sewer services (users of only water or sewer shall pay a $35 . 00 deposit amount). The other users , as IIIdenoated above, shall make a deposit equalling the average consumption and charges of a similar use for a one month period of time. The average being calculated from an annual period of time. .If a 1. similar use is non-existant then a projected consumption rate and charge for.a time period of one month will be determined and- this Ui' .. ,., - 11 - auc 4 { L.. : At4 cost shall be the deposit amount . If after a period of time , the projection is less than the actual consumption of water, then the deposit will be increased and said user will be required to pay the difference. When service to the applicant is discontinued premanently this deposit, less any amounts still due the city for water service, shall be refunded without interest. SECTION 33 . REQUIREMENT FOR CONNECTION TO WATER SYSTEM. Any owner, tenant or occupant of each lot or parcel of land within the city not presently using city water shall be required to connect to the water system if said system is within 200 feet of their property line. If such personsf_ail to do so after being officially notified by the City Manager, then such persons will be subjected to the penalties as defined in Section 28 of this Ordinance. Existing users not presently connected to the city' s water system unless and until later required to connect to the city' s water system shall be required to have a meter installed on their wells . The installation of the meter being for the purpose of assuring that appropriate sewer fees are charged. This section shall only apply to owners , occupants or tenants who utilize wells to supply their abodes , business stores or other structures with water . It shall be a violation, punishable as in Section 2 for any person, firm or corporation to connect any private well to any abode, building or structure. SECTION 34. INTEREST. Interest shall not be paid on water and/or sewer deposits . SECTION 35 . RATES . The rates for water and sewer service shall be as follows : Water Inside City: Seventy Cents ($ . 70) per 1 , 000 gallons metered water . Water "Outside City : One and 05/100 dollar ($1 . 05) per 1 , 000 gallons metered water. • • .. 41406;,-,,;-'1„...!,!: L'"•t / , Sewer Inside City: Seventy cents ($ . 70) per 1 , 000 gallons as determined by compiling seventy-five percent (75Q7) of the metered water for that unit. Sewer Outside City: One and 05/100 dollar ($1 . 05) per 1 , 000 gallons as determined by compiling seventy-five percent (757) of the metered water for that unit . Service Fee : There shall be a service. fee per user of water or sewer or both per lot per month in the amount of $1 . 00 . if such lot is inside. the city and $1 . 50 if such lot is outside the city. This applies to all developed lots subsequent to tie-in and shall continue even though subsequently, vacated 0 unless such use is permanently dis- J- connected (lot shall also include 0 each individual lot in mobile home parks , each individual unit of a motel , . ett hotel or apartment. 4I ca SECTION 36 . ADDITIONAL CONNECTION TO MASTER METER. Any user or person operating from a master meter . for water or sewer shall notify the city fourteen (14) days in advance prior to connecting to or permitting connection to any line connecting to II city water or city sewer. Failure to provide notice shall be punished as set forth in Section 3 . SECTION 37 . CONSTRUCTION CONTRACTORS . During the construction of any building and before any water is installed as is hereby provided the contractor so constructing such building may be permitted to use the city water supply by making application therefor, and paying flat fee in the amount of $10 . 00 per month. SECTION 38 . RESALE . No water shall be resold or distributed by the receipient thereof from the city supply to any premises other than that for which application has been made and the meter installed, except in case of emergency. SECTION 39 . TAMPERING. It shall be unlawful for any person not authorized by the city to tamper with, alter or injure any part of the city waterworks or supply system, or any meter -. or any part of the city sewage disposal system and penalty shall be as provided in Section 28 . r • '1ti^ { t;i - 13 - 14. t '4.•5-', .r, '3 ,s .fpl N ? • ^ . :_ SECTION 40 . LIEN. In addition to the provisions heretofore set forth, in the event the charges for sewerage or water services are not paid within thirty days after rendition of the bill for such service such charges shall be deemed and are hereby declared to be delinquent and thereafter such delinquency shall constitute a lien upon the real estate for which such service is supplied, and the city manager be, and he is hereby authorized and directed to file sworn statements showing such delinquencies in the office of the Clerk of the Circuit Court in and for Pasco County, and the filing of such statements shall be deemed notice of the lien of such charges for such service. This statement shall contain the legal description of the premises served, the amount of the unpaid bill , and a notice that the city claims a lien for this amount as well as for all charges for water or sewer served subsequent to the period covered by the bill . If the consumer of water or sewer whose bill is unpaid is not the owner of the premises , and the City Manager has notice of this , then notice shall be mailed to the owner of the premises , if his address is known to the City Manager, whener: such bills remain unpaid for a period of sixty days after it has been rendered. The failure of the City Manager to record such lien claim or to mail such notice, or the failure of the owner to receive such notice, shall not affect the right to foreclose the lien for unpaid water bill as mentioned in the following section. SECTION 41 . FORECLOSURE OF LIEN. Property subject to a lien for unpaid water charges shall be sold for non-payment of the same, and the proceeds of such sale shall be applied to pay the charges , after deducting costs , as in the case of the fore- closure of statutory liens . Such foreclosure shall be by bill in equity in the name of the city. The City attorney is hereby authorized' and directed to institute such proceedings , in the name of the city, in any Court - 14 - :. '°r: , . . f a. - n /9 A having jurisdiction over such matters , against any property for which water bill has remained unpaid sixty days after it has been rendered, and the owner shall be liable for all costs including a reasonable attorney fee. SECTION 42 . FILING COPY. When this ordinance becomes effective a copy thereof properly certified by the City Manager shall be filed in the office of the Clerk of the Circuit Court and it shall be deemed notice to all owners of real estate of their liability for sewerage and water service supplied to any ® occupant or user of such service on their property. ® SECTION 43 . RATES PRIOR TO METER INSTALLATION. Any residential user of either water or sewer facilities who does note have a water meter installed shall pay a flatfee of $5 . 00 per month for each service (water and/or sewer) received from the City prior to meter installation, and provided, further, that nothing in this section shall exempt any user from the requirement to connect as hereinbefore referenced. Any commercial user of either water or sewer facilities who does not have a water meter installed shall continue to pay , the rates in existence immediately prior to the enactmerjt of this;; Ordinance for each such service received from the City prior, to meter installation and further, provided, that nothing in this section shall exempt any user from the requirement to connect as hereinbefore referenced. SECTION 44. ORDINANCES REPEALED. This ordinance super- cedes , repeals , cancels , and declares , nill null and void Ordinances #184, #143 , 143-A-1 , 215 , 219 , 222 , 233 , 234, 260, 238, 356 and resolution dated 9-9-74, and Section 19-19 (a) and Section 26 Code of`Zephyrhills . SECTION 45 . SAVINGS CLAUSE. In the event any section 0,, . part of a section of this ordinance shall be declared by a Court of . competent jurisdiction to be unconstitutional and/or void, all remaining sections and parts of sections not so specifically declarad. shal:l .survive and remain law until repealed. "- \\ ��:�,. 15 - i - SECTION 46 . EFFECTIVE DATE. This Ordinance shall become effective when signed by the Mayor after publication and notice as provided by law. The foregoing Ordinance # 274 was read and passed on its first reading by the City Council of the City of Z,pphyrhills on this 12th day of September , 1977 . �Y; a /, ...,,..,.,., ,* .� , , PO' a i ! rES A. ;AILE Y( gr ; .A President of City Council ' ,gyp, AattsTv , ? e. 0 •:riN,.).7., ."1;7- iziar— vyk ROBER S , City Manager The foregoing Ordinance ]ft 274 was read and passed on its second reading by the City Council of the City of e.Zephyrh, ils on this 26th day of September , 1977 . k i pt, '''%''A." , I-- . Lr �� <' �fr�Y,/ ES A. BAILEY tr., ,, 9 $,r,,, �`,` t'resident of City Council -t% ATTEST : .' vIGNt I S /ROBEI TS , City Manager tip», /40 The foregoing Ordinance # 274 was read and passed on its third reading by the City Council of the City of Zephyrhills on this 29th day oo/f/ September , 1977 . +"r�P 3 14 $ 2 1v ^ h n y ,, ' �� 0 46.1 A-. �qt Pk�T AMES A: BA EY l! �' ,i, ```�,\ /r`� 'President of City ,ouncil ATT-ST ____ ) 0 4iN , a--4tA,,..„e/n er--- ---4---z"---, GARY ,5;' ROBERTS , City Manager iiTy.`". �z': ter:,, <r, 7.ti. - - 16 - o- G D. . , The foregoing Ordinance # 2-74-- was read and passed on its fourth reading by the City Council of the City o .00.4-of Zephyrhills , on this 29th day of September , 1977 . ,, ,o of ... A ..... ........fr44, gadi i IAL.6.- s 4. BAILEY President of City Co cil ---, 1,1 __ ti / \el:TIES T4,4 _ 0 //e#" .e ; // NT4 -24C '( rr • -.: -ROBE'TS , City Manager . , : - e< , rtr APPROVED ai-S-APIAR02,1- : ROBERT JOHNSON, "MAYOR DATE: September 29, 1977 1 , %,. . \ •" .''..V..'= I--. I ' ---. — "—''' (''''' ' — ',:`.,i,C•':— 1 I ' 4t,',.,' • ',---::"P'..1. . . • '''s,'• ,,,,,s.' '";, ''. I , • ? , . •, , . .. ,•• ,, ,,,, , , -"' ...- ....•.';'......` ' •_. )41, ,...,n ' ::!,. • 4 - , - 17 - OF 9i6AGE . 6,C,-8 kl.0 -- ,