22-005 1
2 ORDINANCE 22-005
3
4
5 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
6 BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 26,
7 ENTITLED "WATER, SEWERS AND CITY UTILITIES," BY
8 AMENDING ARTICLE I, ENTITLED "IN GENERAL," TO CREATE
9 §26-6, ENTITLED "CONDITIONS FOR UTILITY SERVICE;
10 PENALTIES;" ESTABLISHING REQUIREMENTS FOR UTILITY
11 SERVICE, PENALTIES FOR NON COMPLIANCE, AND APPEALS;
12 AMENDING ARTICLE "N" ENTITLED "SEWERS," §26-57,
13 ENTITLED "CONNECTIONS REQUIRED," TO AMEND THE TIME
14 PERIOD TO CONNECT TO SEWER; PROVIDING FOR
15 SEVERABILITY, CONFLICTS, CODIFICATION, AND AN
16 EFFECTIVE DATE.
17
18 WHEREAS, the City of Boynton Beach ("City") finds it efficient and in the best
19 interest of health and safety to require the bundling of utility services,where possible,and
20 to provide penalties for failure to comply with various provisions of the City Code of
21 Ordinances, Chapter 26, entitled"Water, Sewers, and City Utilities;"and,
22
23 WHEREAS, the City currently provides water and sanitary sewer services to
24 various properties both within the City's jurisdictional boundaries and outside of the City's
25 boundaries but within the City's Utility Service Area; and,
26
27 WHEREAS, certain properties to which the City provides water service currently
28 dispose of wastewater by utilizing on-site septic systems, a practice with adverse
29 environmental impact; and,
30
31 WHEREAS, the proper disposal of wastewater is necessary to protect sources of
32 drinking water and is vital to maintaining a healthy environment; and,
33
34 WHEREAS, the Supreme Court of Florida has found that water and wastewater
35 services are"...so interlocked that neither can be effective without the other;" and,
36
37 WHEREAS, implicit in the power to provide municipal services is the power to
38 construct, maintain, and operate necessary water and sanitary sewer facilities; and,
39
40 WHEREAS, the Supreme Court of Florida has held "...[u]sers who benefit
41 especially, not from the maintenance of the system, but by the extension of the
42 system...should bear the cost of that extension;" and,
43
44 WHEREAS,the City Commission hereby finds that water and wastewater services
45 provided by the City,are so interlocked that such services shall be bundled where possible,
46 thus water service customers shall be required to utilize the City's sanitary sewer system
47 where available, so that the City may effectively ensure the proper disposal of wastewater
48 while protecting the City's ground and surface waters; and,
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49
50 WHEREAS, it is the intent of the City Commission that property owners whom
51 fail to take such action that may be necessary to pay for and connect to any newly placed
52 or existing sanitary sewer facilities shall be subject to various penalties including, the
53 discontinuation of water service, the imposition of a utility lien, and legal action for non
54 payment of fees and charges; and,
55
56 WHEREAS, the City Commission finds it in the best interest of health and safety
57 to adopt this ordinance to require all property owners within the City Utility Service Area
58 to comply with the requirements of City Code of Ordinances, Chapter 26, or shall be
59 subject to certain penalties for failure to comply.
60
61 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
62 BEACH, FLORIDA:
63
64 Section 1. The foregoing"WHEREAS"clauses are hereby ratified and confirmed
65 as being true and correct and made a specific part of this Ordinance by this reference. All
66 references to"City"contained herein shall be construed as referring to the City of Boynton
67 Beach.
68 Section 2. Chapter 26, entitled "Water, Sewers and City Utilities," Article I,
69 entitled"In General," of the City's Code of Ordinances, is hereby amended to create new
70 Section 26-6, entitled"Conditions for utility service; penalties," as set forth below:
71 Sec. 26-6. Conditions for utility service; penalties.
72 (a) Agreement required.
73 Property owners with property within the municipal limits of the City seeking
74 utility service shall,as a condition of obtaining service,open a utility account,enter
75 into and maintain a current service agreement with the City's Utility Department
76 and comply with the provisions of this Chapter 26. Property owners with property
77 lying outside the municipal limits of the City but within the City Utility Service
78 Area shall, as a condition of obtaining service, open a utility account with the
79 City's Utility Department, enter into and maintain a current Water and Sewer
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80 Service/Annexation Agreement with the City, and comply with the provisions of
81 this Chapter 26.
82 (b) Bundling of services; connection and payment required.
83 City water service customers, as a condition of obtaining service, are required to
84 connect to any newly placed or existing City sanitary sewer facilities that are
85 adjacent to or abutting any applicable lot or parcel, so that the City may oversee
86 the proper disposal of wastewater while also protecting the City's ground and
87 surface waters. Sanitary sewer facilities shall be deemed adjacent to or to abut a
88 lot or parcel if a facility is located in a street, right-of-way, or easement adjoining
89 the subject lot or parcel.Property owners are required to connect to available sewer
90 facilities within ninety (90) days after the City provides official notice to do so.
91 Once connected,the property owner shall cease to use any other method of sewage
92 disposal and comply with Palm Beach County's onsite sewage system
93 abandonment procedures.All costs and expense incidental to compliance with this
94 Section shall be borne by the property owner.
95 (c) Penalties.
96 1. Should a property owner fail to comply with requirements of this Chapter
97 26, the City may assess and impose a delinquency charge on the property
98 owner's utility bill.
99 2. If a delinquency charge is in default for forty-nine (49) or more days, or a
100 property owner has failed to comply with the requirements of this Chapter
101 26, for more than (49) days once the City has provided property owner
102 notice of any such default, in addition to any other remedy permissible by
103 law,the City shall cease to furnish service and may refuse to resume service
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104 to the property until all sums due shall have been paid in full and the default
105 is cured. The City shall have a lien against the property for any unpaid fees
106 and charges, such sums may be recovered by the City by suit in a court
107 having jurisdiction of said cause.
108 (d) Appeals.
109 A property owner who desires to challenge a City enforcement action or charge
110 may request review of the action or charge rendered by the City's Utility
111 Department pursuant to this Section. The City's Finance Director or their designee
112 shall review the facts and decide appeals where it is alleged that there is an error
113 in the application and enforcement of this Chapter 26. Any appeal pursuant to this
114 section shall be in writing and delivered to the City Clerk within sixty (60) days
115 from the date of the subject utility bill or default notice. The appeal shall specify
116 the grounds for such appeal. The Finance Director or their designee shall
117 coordinate the review of the appeal with the appropriate Departmental and
118 Administrative personnel and render a final decision within ninety(90)days of the
119 date the appeal is filed with the City Clerk. The Finance Director's determination
120 on the appeal shall be in writing and set forth in detail the reasons for its decision.
121 All determinations arising out of this section shall be final.
122 Section 3. Chapter 26, entitled "Water, Sewers and City Utilities," Article IV,
123 entitled"Sewers,"of the City's Code of Ordinances, is hereby amended to revise Section
124 26-57, entitled"Connections required," as set forth below:
125 Sec. 26-57. Connections required.
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126 (a)W A connection to the City's sanitary sewer system is required when tThe
127 property owner, tenant or occupant of each lot or parcel of land within the city
128 ,.� is adjacent to or abuts upon a street or other public way containing any
129 newly placed or existing City sanitary sewer served or which may be served by the
130 sewage disposal system and upon which lot or parcel a building has been or shall
131 be constructed for residential, commercial or industrial use„
132 (2) Such connection shall be made within thifty ninety (390) days after the City
133 provides official notice to connect • - . . _•• . • _ _ . .. .
134 - - _ - - -
135 or within thifty ninety (390) days after the completed construction of sash any
136 applicable building_, -. • • - . _• . .' . • • . _ . _ - , . • .
137 (3)Thereafter,the property owner,tenant or occupant of each lot or parcel of land
138 within the City shall cease to use any other method for the disposal of sewage,
139 sewage waste or other polluting matter and comply with Palm Beach County's
140 onsite sewage system abandonment procedures. All costs and expense incidental
141 to compliance with this Section shall be borne by the property owner.
142
143 Section 4. Codification. It is the intention of the City Commission that the
144 provisions of this Ordinance shall become a part of the City's Code of Ordinances, as
145 amended.The provisions of this Ordinance may be renumbered or re-lettered and the word
146 "ordinance" may be changed to "section," "article" or other appropriate word to
147 accomplish such intention.
148 Section 5. Severability. The provisions of this Ordinance are severable, and if
149 any section, subsection, sentence, clause or provision is held invalid by any court of
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150 competent jurisdiction, the remaining provisions of this Ordinance shall not be affected
151 thereby.
152 Section 6. Conflicts. All ordinances or parts of ordinances, resolutions or parts of
153 resolutions, in conflict herewith are hereby repealed to the extent of such conflict.
154 Section 7. Effective Date. This Ordinance shall become effective
155 immediately upon adoption.
156 FIRST READING this 1 day of FA , 2022.
157
158 SECOND, FINAL READING AND PASSAGE this j day of
159 R-ie3rry. , 2022.
160 0
161 CITY OF BOYNTON BEACH, FLORIDA
162
163 YES NO
164
165 Mayor—Steven B. Grant
166
167 Vice-Mayor—Woodrow L. Hay L✓
168
169 Commissioner—Justin Katz ✓
170
171 Commissioner—Christina L. Romelus
172
173 Commissioner—Ty Penserga
174
175 VOTE f�
176
177 ATTEST:
178
179
180 ��,��' 4✓✓
181 stal Gibson, MMC
182 City Clerk
183
184p
185 ( f)^ { ii,i i
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186 (Corporate Seal)
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