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ORDINANCE 0-04- 0"~
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
A~MENDING CHAPTER 26, ARTICLE IV "SEWERS," SECTION 26-57
"CONNECTIONS REQUIRED" OF THE CODE OF ORDINANCES OF
THE CITY OF BOYNTON BEACH, PROVIDING THAT THE
PROPERTY OWNER IS RESPONSIBLE FOR THE MAINTENANCE,
REPAIR, AND REPLACEMENT OF SEWER LATERALS; PROVIDING
FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission, upon recommendation of staff, has deemed it
appropriate to amend Chapter 26, Article IV, Section 26-57 to affirmatively state that the
:property owner is responsible for the maintenance, repair, replacement, or improvement of
i the sewer lateral serving his or her property; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
!THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. The foregoing "WHEREAS" clause is true and correct and hereby
!ratified and confirmed by the City Commission.
I;
Section 2. That Chapter 26, Article IV, Section 26-57 is hereby amended by
adding the words and figures in underlined type and by deleting the words and figures in
struck-through type, as follows:
Sec. 26-57. Connections required.
.(3.i The owner, tenant or occupant of each lot or parcel of land
within the city which abuts upon a street or other public way containing a
sanitary sewer setwed or which may be served by the sewage disposal
system and upon which lot or parcel a building has been or shall be
constructed for residential, commercial or industrial use, shall within thirty
(30) days after the placing of the sewage disposal system in operation and
the construction of all connections thereto from such sanitary sewer, or
within thirty (30) days after the construction of such building, connect
such building with such sanitary sewer, and shall cease to use any other
method for the disposal of sewage, sewage waste or other polluting matter.
(b) The owner shall be responsible to maintain, repair, and
replace, as necessary all sewer laterals and appurtenances serving the
owner's property, and which are not located within the city rights-of-way.
The clearing of any blockages within the sewer lateral is included within
this obligation.
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(1) A sewer lateral is that portion of sewer pipe, which
connects a structure to a sewer main. Appurtenances to the sewer
lateral include, but are not limited to the fitting to which the
owner's plumbing is connected, the clean-out and plug, and any
markings or devices installed as an aid to locating the service
connection.
(2) Except as provided in this section, any portion of
the sewer lateral located within the city rights-of-way, once
accepted by the city, is the responsibility of the city. All other
portions of the sewer lateral are the responsibility of the property
owner.
(3) Should the City determine that blockage in any
portion of the sewer lateral has occurred as a result of root
intrusion from a tree located on non-City property, the owner of
the property where the tree is located shall reimburse the city for
any costs and expenses incurred by the city in repairing or
replacing the sewer lateral and restoring the streets, sidewalks, or
other areas affected by the necessitated repair or replacement.
(4) No modification, repair or replacement of a sewer
lateral within the public right-of-way shall be performed without
the written consent of the city utility department.
(5) Nothing herein shall be construed to prohibit the
city from performing any repairs or replacement of sewer laterals
in the public rights-of-way.
(6) The city shall not be responsible for, nor will the
city provide reimbursement for claims of costs incurred by
property owners to clear blockages to any sewer lateral, including
any and all damage within the residence or structure, without a
written agreement, entered into prior to the commencement of any
work on the sewer lateral.
(7) In the event of an emergency and in order to protect
the public health and safety, the city may perform repairs to the
sewer lateral on private property. Wherever possible, the city
shall, at a minimum, make reasonable attempts to notify the
property owner of the need for repairs to the sewer lateral. In the
event the city performs repairs under this subsection, the city shall
be entitled to reimbursement by the property owner of all costs and
expenses incurred for such emergency work.
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Section 3. That each and every other provision of Chapter 26 not hereinbefore
specifically amended shall remain in full force and effect as previously enacted.
Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict
with any provisions of this ordinance are hereby repealed.
Section 5. Should any section or provision of this Ordinance or any portion thereof
be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
i the remainder of this Ordinance.
Authority is hereby given to codify this ordinance.
This Ordinance shall become effective immediately upon passage.
Section 6.
Section 7.
FIRST READING this 7 day of a~l~llff, 2004.
SECOND, FINAL READING AND PASSAGE this
__ day of ~eOT. , 2004.
CITY OF BOYNTON BEACH, FLORIDA
·
Vice...~M.~
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