24-82 ORDINANCE NO. 24-82
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER
AND SEWERS", ARTICLE III, "SEWERS AND SEWAGE DISPOSAL",
DIVISION L, "GENERALLY", OF THE CODE OF ORDINANCES OF
TH~_ Crl'Y OF DELRAY BEACH,; FLORIDA,. BY REPEALING DIVI-
SION 1, "GENERALLY", AND ENACTING A NEW DIVISION 1~
"GENERALLY", PROVIDING FOR THE REQUIREMENT FOR CON-
NECTING TO PUBLIC SEWERS; PROVIDING FOR THE COST FOR
ADDITIONAL SEWER TAP CONNECTIONS; PROVIDING FOR AND
SETTING: SE~:,I~ CONNECTION CHARGES FOR USERS INSIDE
AND OUTSIDE THE CITY,. AND THE APPLICATION OF SUCH
CHARGES~ PROVIDING FOR F. XCF./aTIONS TO SUCH SEWER
CONNECTION CHARGES; PROVIDING FOR ABANDONMENT OF
DAMAGED SEPTIC TANKS OR GREASE TRAPS.; PROVIDING FOR
RATES AND CHARGES TO BE COLLECTED FROM USERS, BOTH
INSIDE AND OUTSIDE THE CITY, OF THE CITY'5 SEWERAGE
SYSTEM, BASED ON CERTAIN CUSTOMER, CAPACITY AND
COMMODITY CHARGES FOR RESIDENTIAL AND NONRESIDEN-
TLAI. ICOMMER/CAL UNITS; PROVIDING DEFINITIONS. FOR SUCH.
~HARGE$, DEI'ERNII~ATION OF SEWERAGE FLOW AND EFFEC-
TIVE DATE FOR SUCH CHARGES; PROVIDING FOR THE TIME
AND' METHOD OF PAYMENT OF SERVICE CHARGES AND THAT
THE OWNER OF THE PROPERTY BEING SERVICED I5 RESPON-
SIBLE FOR SUCH CHARGES; PROVIDING FOR PROHIBITING FREE
SERVICE; PROVIDING FOR CHARGES TO BE YEAR-ROUND;
PROVIDING FOR MAK/NG UNLAWFUL ANY UNAUTHORIZ. ED
O[a~2~NC.~. O~-AILS. OF" [;~3BLIC SE~q~S~ PROVIDING- FO~'
PROHIBITING CERTAIN WASTES} PROVIDING FOR WHEN GREASE
TRAPS PERMITTED; PROVIDING FOR LIABILITY FOR DAMAGES
CAUSED; BY VIOLATION{ PROVIDING FOR AUTHORITY OF
INSPECTORS; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Delray Beach, Florida, commissioned a study
of the City's Water and Sewer Fund Rates for the fiscal year ending September 30, 1982 and to
include calculations for debt reduction amounts through March 31, 1982; and,
WHEREAS, said rate study dated November, 1981 and transmitted by letter dated
February 15, [9112, prepared by May, Zima & Company, Certi:[ieci Public Accountants, has peo~x~sed
ne';; water and sewer rate schedule~, new special service rate schedules and a new methodology for
the just and equitable calculation of such rates and charges; and,
WHEREAS, the City Council of the City of Delray Beach, Florida, deems it to be in the
best interests of all residents and citizens of the City of Delray Beach, Florida, and all other users
of the City's water and sewer services, to adopt these recommendations, by incorporating same into
the Cit}"s water and sewer ordinances; and,
WHEREAS, the City Council of the City of Delray Beach, Florida, does hereby declare
the rates and charges set forth in this ordinance to be just and equitable, and necessary to meet
current expense, s, future capacity, and to provide for future debt service coverage.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 29, ".Water and Sewers", Aeticie III, "SEWERS AND SEWAGE
DISPOSAL", Division l, "Generally", be, and the same is hereby repealed, and a new Division 1,
"Generally", is hereby enacted to read as follows:
DIVISION I. GENERALLY
Sec. 29-58. Connection to public sewer required.
(a) That the owner,, tenant or occupant of each lot or parcel of land within the City of
Delray Beach which abuts on or is within two hundred (200) feet of any street or other public way
containing a sanitary sewer, which is served or which can be served by the sewerage system and
upon which lot or parcel & building has. been constructed for' residential, commercial or industrial use
shall connect such building with such sanitary sewer within sixty (&0) days after such sanitary sewer
main is available to such building for use, and shall cease to use any other method for the disposal of
sewage, sewage waste or other polluting matter.
(b) It shal~ be urdawful for any person to drain oc cause to be drained, any sewage
wastes~ or other poUuting matter into septic tanks o~' other like systems or into any n~tural outlet
such as open streams, or di~cches., within any such-area a~. described in (a) above.
(c) It shall be unlawful for any person to construct, install or repair septic tanks or
other simLlar sewage disposal systems in or upon any property within any such area a~ described in
(a) above.
(d) The intent of this section is to require mandatory connections only within the
defined limits of the district for which the sewer installation was designed.
Sec. 29-§9. Cost o~ making connection.
The city will pay the cost of constructing one sewer tap to the property Line of the
pe~on making the connection. Any additional sewer tap connections will be at the expense, of the
owner, subiect to the approval of the city engineer, on an actual cost basis, but which shall be not
less than two hundred fL~ty dollars ($2~0.00) each, paid to the city by the owner. On all properties
where any. building drain is, too low. to permit gravity rios, to the public sewer, sanitary, sewage
at no cost to the city.
Sec. 29-&0. Connection charges.
In addition to the rates set forth in section 29-&3 there is hereby established a sewer
connection charge for each connection to the city's sewage collection system. The sewer connection
charge shall be the actual cost, as determined by Director of Public Utilities, but which shall be not ·
less th~n two hundred fifty dollars ($2~0.00) per residential dwelling unit for all residential
connections. The sewer connection charge for connections o~cher than residential dwelling units is
actual cost, ~ determined by Director of Public Utilities, but which shall be not less than four
hundred dollars (S~00.00). A residential dwelling unit is herein defined to be any family living unit,
and where two (2) or more families are living on the same premises, each shall be considered as a
separate residential dwelling unit. In apartment buildings, condominiums, cooperatives, duplexes,
resort dwelling unit complexes and the like, and per each trailer space in a trailer park, each living
unit shall be considered a separate residential dwelling unit. A sewerage connection serving a motel
or hotel shall, be considered a nonresidential connection.
Connection charges by users of the city sewerage system wholly outside the corporate
limits o~ said city be, and the same are, hereby fixed at sums equal to the rates shown in the above
schedule, plus twenty-five per cent (2~%) of each respective classification. Such connection charge .
shall be paid to the city at the time of obtaining a permit for said connection and shall be in addition
:o the permit fee. The size o[ said connection shall be determined by the plumbing inspector in
accordance with Chapter 9, Ar"title V of this Code.
(a) For purposes of the application of the above-mentioned connection charges, the
city shall be divided into two (2) districts:
(1) · District 5Io. I shall comprise all of the areas presently in the corporate Limits
o~ the city, except ~or that area described below.
(2) The second district shall be known as the "Southeast Interceptor and Ferce
Main District" which shall comprise that area delineated in ~-xhibit l
appended to Ordinance Number 30-&g and made a part hereof.
2 ~ oRD. ~0. 24-82
(b) In those portions of District No. I where sanitary sewers are available, the
connection charge herein established shall be applicable to ail connections made
after March 31, 1969. In the portions of District No. I where no sanitary sewers are
avallabte, those properties shall not be subject to said connection charge provided
they are. connected to the sanitary sewer within sixty (60) days af"ter acceptance of
their particular coUection system as operational by the city count_J1. If any person
obtains a connection permit prior to either' of the above deadlines, no connection
chargeshal[ be made during the life of sa~d permit which shall be thirty- (30) days°
(c) In the Southeast Interceptor and Force Main District, all improved properties
presently in the city as of 3anuar¥ 22, 1969, shall be charged in accordance with (b)
above. Ali properties located in this district which are improved a~ter 3anuary
1!)69~ sh~ml be immed~tely subject to the connection-charges levied herein.
(d) All properties, annexed to the corporate, limits of this dry a~ter March 31,
shall be subject to the connection charges herein established and subsections (b)
and (c) above shall not be applicable to said properties.
(e) For purposes of this section "improved" property is that upon which a building is
loc&ted, and for which a certificate of occupancy has been issued.
Sec. 2!)-61, Excepl~ons~ t(~ connec~on charge.
Any structures that would ordinarily be subject to the connection charges set forth above
shall be exempt if=
(a) The. structure is in a development in which the owner or developer at his' expense
has constructed and turned over to the city, permanent sewer treatment and/or
transmission facilities, adequate to. serve, such property and is. a party to. the
Seul~e~' Deve4ope~ Agr~ and/o~, the North~em't D'e~eIopers Agreement o~'
the structure, is in & development that is at [ea~t twenty-five percent (2596)
complete on 3a~uary 31, 1977. For the purposes of this subsec'don, the meaning.
the word' development shall include but not be Limited to structures, units or
interests that are o(~ered as a part of a common promotional plan of advertising
and sale.
(b) As to a particular structure, all permits including but not limited to building
permits~ water and sewer permits, have been issued not later than 3anuary 2~ 1973,
and the meter installations and water connection ~or such structures occur not
later than 3uly 2~, 1978.
(c) The exceptions created herein shall not apply to any permit issued prior to
3anuary 31, [977; only those structures for which permits are issued subsequent to
3anuary' 31, 1977, and which otherwise meet the above criteria, shall be exempt
~rom the connection charges.
Sec. 29-62. Abandoning damaged septic tanks, grease traps.
~hen a private septic tank or grease trap is damaged accidentally or ~rom any other
cause in the area described in section 29-58, it shall be pumped out by a licensed septic tank
contractor or plumbing contractor and ~111ed with sand.
Sec. 29-63. Service rates and charges imposed,
The ~oIlowing rates and charges shaJl be collected [rom the users of the city sewerage
system:
(a) Residential dwelling units. A residential dwelling unit is herein defined to be any
~amily Living unit, and, where two (2) or more families are living on the same
premises, each shall be considered as a separate residential dwelling unit. In
apartment buildin§s, condominiums~ cooperatives, duplexes, resort dwelling units,
and the like, and per each trailer space in a trailer park, each living unit shall be
3 ORD. NO. 24-82
considered a separate residential dwelling unit. A monthly s~nitary seweraF=e
service char§e is hereby imposed upon each residential dwelling unit, as more
spec//ically set forth hereina/ter, to which sanitary sewerage service is available
through the facilit/es a/forded by the munic./pal/y owned, sewerage system~ accord-
ing. to the followin~ schedule:.
Type of Customer Inside City Outside City-
Residential
Capacity Charge (per residential $ 7.22 $ 9.02
dwellin$ un[t)
Commoc[ity Charge (based on metered
water with maximum of lOgO00 ~a/s.)
City .27 per 1,000 gal. .3375 per 1,000 gal.
South Cenlral Re&ionai Wastewaze~ .~0 per b000 gal. .50 per 1,000 iai.
Treatment Disposal Board
NOTE: ~/here no water Service is provided, there- shall be a monthly customer charge of $2.ZZ
per residential dweLl/rig unity and the commodity charge shall be based on the maximum
of 10,000 gaLtons.
(b) Nonrestdentia//Commerc/a/ units. A monthly sanitary sewer service charge is;
hereby imposed upon each commercia/and nonresidential unit to which sanitary sewage service is
available through the facLLitiea a//orded by the municipally owned sewerage systemt accordin&
Nonresidentia//Commerciat Inside City Outside City
Capacity Charge (per meter):
3/4 and l inch meter $ 7.22 $ 9.02
I 1/2 inch meter i6.30 20.37
2 inch meter 28.79
3 inch meter 6~,.~,~, $0.55
~ inch meter i12.5~
6 inch meter 259.7! 324.63
Commod/ty Charge (based on 9096 of metered wa:er)
City .27 per l,O00 gal. .3375 per 1,000 gal.
South Central Regional Wastewater
Treatment Disposal Board .~0 per 1,000 gal. .50 per 1,000 gal.
NOTE: For those nonresidential/commercial units where water service is not available, the
capacity and commodity charges shall be determined.by unit classification standards
water usage.
(c) Definitions. As used in this Chapter, unless otherwise defined or required by
contents~ the following words and phrases shall have the meaning indicated:
(1) Residential dwelling unit means any family living unit, and, where two (2) or more
families are living on the same premises, each shall be considered as a separate
residential dwelling unit. In apartment buildings, condominiums, cooperatives,
duplexes, resort dwelling units, and the like, and per each trailer space in a trailer
park, each living unit shall be considered a separate residential dwelling unit.
ORD. NO. 24-82
(2) Customer charge means the charges calculated to cover the costs incurred in the
billing system, which shall include, but not be limited to costs of meter reading,
recording, data processing, billing and collecting.
(3) Capacity charge means the charges calculated to cover costs incurred to have the
system available and in I[ood operating condition without regard to use, which shall
include, but not be limited to costs of minimum personnel, capital outlay, debt
service, insurance, transfers, reserve requirements and debt service coverage.
(4) Commodity charge means the charges calculated to cover the costs which vary
with the l~vel of serviCe 'prOvided, the amount of water produced or sewage
processed, which shall include, but not be limited to costs of personnel to operate
the system, electricity, repairs and maintenance, and. operating supplies.
(d) Sewerase flow determination. The number of gallons of- monthly seweral~e flow' for
residential and nonresidential/commercial units shall be based upon the water usage for those units
as indicated by a water meter, unless a customer installs at no cost to the city a separate meter to
measure the actual sewerage flow from the subiect unit, A separate, meter may be used to measure
actual sewerage flow for the calculation of charges only when the location, installation, and type of
meter have been approved by the city manager or his designee.
(e) When effective. The. initial rates for charges shall be etfec,ive the first day of the
month following the date when the system is constructed, certified for':'~use by the consulting
engineer, and accepted by the city.
Sec. 29-6o,. Time and method of payment of service charge.
All statements for sewer service shall be submitted monthly on the same statement as
the charges for water service and shall be due and payable at the same time as the statement for
wa~er services; provided, however,, the charge for sewer service' shall be made ~ separate item
thereon; and further provided that nonpayment of' such charges shall render the user subiect to the
provisions of section 29-22 provided for nonpayment of water bills as now or hereafter established
by the ordinances of this city. The. owner of the property being serviced by city sewer shall be.
responsible for all charges against that property for sewer use.
Sec. 29-65. Free service prohibited.
No sewer service shall be furnished or rendered free of charge to any person
whomsoever, and the city, county, state and the United States of America, and every agency,
department and instrumentality thereof, except where the City of Delray Beach Water and Sewer
Fund is the user, which uses any sewer service from the sewerage system, shall pay therefor 'at the
rate fixed herein.
Sec.. 2!)-66. Charges to be year-round.
Sewer service charges shall apply and be collected monthly on a year-round basis.
Sec. 29-67. Unauthorized opening or altering of public sewer.
It shall be unlawful for any unauthorized person to uncover, make any opening into, use,
alter or disturt~ any public sewer or appurtenance thereof without first obtaining a written permit
from the plumbing inspector, subject to the approval of the city engineer.
Sec. 29-68. Wastes prohibited.
It shall be unlawful for any person to discharge into the sanitary sewerage system of the
city:
fa) Septic tank sludge from a tank truck into a street manhole, or by direct connection
from a septic tank or drain field to the sanitary sewerage system of the city.
(b) Any inflammable, explosive or combustible liquid such. as gasoline, oil, cleaning
fluids, or any other materials of this nature.
ORD. NO. 24-82
(c) Any industrial wastes unless approved by the plumbin§ inspector and the city
engineer.
Sec. 29-(;9. When grease traps permitted.
It shall be lawful for certain commercial buildings, restaurants and multiple dwelling
unil~ to have grease ~raps when same are approved by the State DepartTnent of Health and
Rehabilitative Setwices and the plumbing inspector.
Sec. 29-70. Damaging, tampering with system.
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy,
uncover, deface or 'camper with any stTuc~ure, appurZenance or equipment which is a par~c oi the
municipal sewerage works.
Sec. 29-71. Liability for damages caused by violation..
Any person violating any of the provisions of this article shall become liable m the citT~
for any expense, koss or damage occasioned the cfi7 by reason of such violation.
Sec. 29-72. Authority of inspectors.
The plumbing inspector and other duly authorized employees of the city bearing proper
credentials and identification shall be permitted to enter upon all properties for the purposes
inspection, observation, measurement, sampling and testing, in accordance with the provisions of
this arzicle.
Section 2, That should any section or provision of this ordinance or any portion-thereof,
any para~aph, sentence, or word be declared by a Cou~ of competent jurisdiction to be invalid,
such decision shall not afiec~ the validity of the remainder heCeoi a~ a ~hole or par~ thereot other
than the par~ declared to be invalid~
Section 3. That this ordinance shall become effective at i2.'01 a.m. on April 1, 1982.
PASSED AND ADOPTED in regular session on second and final reading on this the 23rd
day of March ,1982.
MAYOR
LEON M. WEEKES
ATTEST:
City~lerk
First Reading March 9, 1982
Second Reading March 23, 1982
6 ORD. NO. 24-82