G-553(34-64) ORDINANCE NO. G-553.
AN ORDINANCE OF THE CITY COUNCIL OF THE
~' CITY OF DELP~iY BEACH, FLORIDA, AMENDING
~i~[~'¢~ CHAPTER 27 OF THE CODE OF ORDINANCES OF
· · THIS CITY TO ESTABLISH SEWER SERVICE ~TES;
6~/~~~ TO PROVIDE FOR T~ ~THOD OF CO~ECTION OF
~' SUCH ~TE C}AiRGES; TO PR~IDE FOR ~NDA~RY
CONNECTION TO THE CITY SEW~ SYST~; TO
~6 ~ ~ REGARDING DA~'~GED SEPTIC TA~S; PREVE~T=~G
~A' T~ DISCHARGE OF CERTAIN FOREruN ~TTZR I~O
,,,~ THE SE;[m SYSTEM; ESTABLISH~[G A SEWER AO-
JUST~'~ENT ADVISORY B~RD AND PROVIDING THE
PO~.'~RS AND DUTIES THEREOF; TO REAR~NGE
CERTzIN EXISTING PROVISIONS; REPEALING ALL
ORDINANCES ~ CONVICT; ~ROVIDING A SAV-
INGS CLAUSE; AND FOR O~ER PU~OSES.
NOW~ BE IT ORDAINED BY THE CI~ ~UNCIL OF THE CITY
OF DELRAY B~CH, FLORIDA, AS FO~OWS:
Section 1. T~t the title to C~pter 27 of the
Code of Ordin~ces of Delray Beach~ Florida~ ~all be amended
to read "Water and Sanitary Sewerage".
Section 2. That Chapter ~ of the Code of Ordi-
nances of the City of Delray Bea~, Florida, is amended to es-
tablish a new Article therein as follows:
"Article III - Sanitary Sewerage
"27.25 Connection with sewerage system required.
"(1) That the o~er, tenant or occupant of ~ch
lot or ~rcel of land within the City of Delray Beach which
abuts on or is within two hundred (200) feet of ~y street or
other public way conta~ing a sanitary sewer, which is served
or which can be served by the sewer system and u~n which lot
or parcel a building ~s been constructed for residential,
co~ercial or industrial use shall co~ect such b~lding with
such sanitary sewer within si~y (~) days after such sanitary
sewer ~in is available to such ~ilding for use, and shall cease
to use any other method for the disposal of sewage, sewage waste
or other polluting matter.
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"(2) It shall be unlawful for any person to drain
or cause to be drained, any sewage, sewage wastes or other pol-
luting matter into septic tanks or other like systems or into any
natural outlet such as open streams or ditches within any such area
as described in (1) above.
"(3) It shall be unlawful for any person to con-
struct, install or repair septic tanks or other similar sewage
disposal syst~n in or upon any property within any such area as
described in (1) above.
"(&) The intent of this section is to require man-
datory connections only within the defined limits of the district
for which the sewer installation was designed.
"27.26 Cost to be borne by person connecting.
"Any sewer connection required by this chapter ahall
be made at the expense of the person making such connection and
such connection shall be made in accordance with the provisions
of the Delray Beach Plumbing Code; provided, however, the City
will pay the cost of constructing one sewer tap to the property
line of the person making the connection. Additional connections
will be at the expense of the owner and subject to the approval of
the City Engineer, provided there shrill be a connecting cost of
$120.00 paid to the City. On all properties where any building
drain is too low to permit gravity flow to the public sewer, sani-
tary sewage carried by such drain shall be lifted by approved ar-
tificial means and discharged to the public sewer at no cost to
the City.
"27.27 Damaged septic tanks
"When a private septic tank or grease trap is damaged
accidentally or from any other cause in the area described in Sec-
tion 27.25 (1), it shall be pumped out by a licensed septic tank
contractor or plumbing contractor and filled with sand.
"27.28 Rates and charges
"The following rates and charges as hereinbefore
adopted by the City on November 6, 1961, in Resolution Number
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1559, shall be collected from the users of the city sewage
system:
"The initial schedule of rates, fees and other
charges to be imposed for the services and facilities furnished
by the sewer system, which initial schedule shall be effective
the first day of the month following the date when the system is
constructed, certified for use by the consulting engineers and
accepted by the city but which shall be subject to such revision
from time to time hereafter as may be necessary to carry out the
requirements of this section sball be as follows:
"RESIDENTIAL UNITS
"A monthly sanitary sewage service charge is here-
by imposed upon each residential dwelling unit, as more spe-
cifically set forth hereinafter, to which sanitary sewage service
is available through the facilities afforded by the municipally
owned sewage system, according to the following schedule:
"Single family residential dwellings, for
the first 4 fixtures or less contained
therein~ $2.50~ for the next 8 fixtures
contained therein, $.25 per fixture and
for all fixtures contained therein over
12, $.15 per fixture.
"COI~J2:~RCIAL AND NON-RESIDENTL"~L UNITS
"A monthly sanitary sewage service charge is here-
by imposed upon each commercial and non-residential unit to
which sanitary sewage service is available through the facili-
ties afforded by the municipally owned sewage system, according
to the following schedule:
"For the first 2 fixtures contained therein,
~:2.50, for the next 8 fixtures contained
therein, $.50 per fixture and for all fix-
tures contained thoroin over 10, $.25 per
fixture.
"For the purpose of the foregoing schedule each
plumbing fixture or drain that is cornmected to a sswer, in-
cluding, but not limited to, a toilet, wash basin or lavatory,
bath~ floor drain, laundry tub, kitchen sink, slop basin or
wash sink, washing machine, equipment or device if so con-
structed as to discharge its water content into any of the
foregoing or directly into a sewer, shall be regarded as a
~ fixture t.
"27.29 Time and method of payment
WAll statements for sewer service shall be sub-
mitted 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 water services; provided, however, the charge for
sewer service shall be made a separate item thereon; and fur-
ther provided that non-payment of such charge shall render the
user subject to the provisions and penalties provided for non-
payment of water bills as now or hereafter established by the
ordinances of this city.
"27.30 Sewer rate charges continued
"(a) No sewer service shall be furnished or
rendered free of charge to any person whomsoever, and the city,
county, state, and the United Sta'ces of America, and every agency.
department and instrumentality thereof, which uses any sewer
service from the sewer system, shall pay therefor at the rate
fixed herein.
"(b) Said charges shall be collected monthly on a
year 'round basis, provided, however, that inasmuch as the
sewa~'~e system is interdependent with the water system of the
city, said sewer charge shall not be collected during such
times as the water service may be discontinued, and the sewage
system not us ed.
"(c) A sewafe connection serving a residential
building containing one or more single family units shall be
considered a residential connection; a sewage connection ser-
ving a motel or hotel shall be considered a non-residential
connection.
"27.31 Permit required to open public sewers.
"No unauthorized person shall uncover, make any
opening into, use, alter, or disturb any public sewer or appur-
tenance thereof without first obtaining a written permit from
the plumbing inspector, subject to the approval of the City Engineer
"27.32 Discharge of foreign matter into sanitary
sewage system of city prohibited.
"It shall be unlawful for any person to discharge
into the sanitary sewage system of the city:
"(a) Septic tank sludge from a tank truck into a
street manhole, or by direct connection from a septic tank or
drainfield to the sanitary sewage system of the city.
"(b) Any inflammable, explosive, or combustible
liquid such as gasoline, oil, cleaning fluids, or any other
materials of this nature.
"(c) Any industrial wastes unless approved by the
Plumbing Inspector and the City Emgineer.
"27.33 Grease trap exceptions.
"It shall be lawful for certain commercial build-
ings, restaurants and multiple dwelling units to have grease
traps when same o~e approved by the State Board of Health, and
the Plumbing Inspector.
"27.3~ Protection from Damage
"r~o unauthorized person shall maliciously, will-
fully, or negligently break, damnge, destroy, uncover, deface
or tamper with any structure, appurtenance, or equipment which
is a part of the municipal sewage works. Any person violating
this provision shall be subject to immediate arrest under charge
of disorderly conduct.
"27.35 Powers and authority of inspectors
"The plumbing inspector and other duly authorized
employees of the city bearing proper credentials and identifi-
cation shall be permitted to enter upon all properties for the
purposes of inspection, observation, measurement, sampling, and
testing, in accordance with the provisions of this ordinance.
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"27.36 Penalties
"Any person violating any of the provisions of
this chapter shall become liable to the city for any expense,
loss, or damage occasioned the city by reason of such violation~
Section 3. That Chapter 27 of the Code of Ordi-
nances of the City of Delray Beach, Florida, is amended to es-
tablish a new Article therein as follow, Ts:
"Z~rticle IV - Sewer Adjustment ~dvisory Board
"27.37 Establi~ed
"There is hereby established a Sewer Adjustment Ad-
visory Board for the purpose of recommending to the City Council
the establishment of sewer service rates for users not other-
wise provided fo~ in this chapter, and to hear appeals from
users who claim to be aggrieved by the application to them of
the sewer service rates or any other sewage requirements estab-
lished in this section.
'~27.38 ~,~embership.
"The membership of the Board shall consist of men
or women who s~e residents and owners of improved real property
in the city and shall consist of three (3) members serving ~ith-
out pay. Z~ny vacancies in such Board shall be filled by the City
Council and where such vacancy occurs otherwise than by expiration
of the term, the appointment filling such vacancy shall be for the
unexpired term. The City ~anager or a person designated by him,
shall be an ex offic~o fourtb~ member of said Board and shall act
as the Executive Secretary thereof, but he shall not have a vote
thereon.
"27.39 Term
"~1! members of the Board shall be appointed by
the City Council to serve a three (3) year term, except that
the first appointments shall be for the following terms:
"(1) One member s~all be appointed to serve for
a period of one {1) year.
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"(2) One member shall be appointed to serve
a period of two (2) years.
"(3) One member shall be appointed to .~ar've for
a period of three (3) years.
"27.60 Meetings
"(1) Immediately after their appointment, the
Board members shall meet and organize by electing from the
membership a Chairman. The Board shall adopt rules and regu-
lations for the conduc't of its meetings, including the methods
of calling special meetings. The Board shall keep minutes of
its meetings.
"(2) The Board shall meet at least once a.month;
provided, however, that where no appeals or other matters
affecting rates are pending~ such regular monthly meeting shall
be at the discretion of the Chairman.
"(3) After consideration of any appeal or other
matter concerning rates or other sewer requirements established
herein, the Board shall reach a decision as to the proper dis-
position of such appeal or other matter and shall forthwith advise
the City Council of such decision in writing, directed to the
City ~anager, who shall then place the matter on the agenda for
the next refular meeting of the City Council°
"(&) Ail decisions of the Board shall be reviewed
by the City Council and the establishment of new rates or the
amendment of existing rates as well as any other sewer policy
decisions shall be the sole duty and responsibility of the City
Council and shall, be accomplished by the passage of an ordinance
or other appropriate l~gislation.
Section &. Any person, firm or corporation who
violates the provisions of this Chapter shall upon conviction
be punished as provided in Section 1-6 of this code.
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Section 5. That should any section or provisions
of this ordin~mnce 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 h~reof~
other than the part declared to be invalid.
Section 6. That all ordinances or parts of ordi-
nances in conflict herewith be and the same are hereby repealed.
PASSED on second and final reading in regular
session on this 22nd day of June , 196~.
Mayor
ATTEST: ~
First reading June 8, 1964
Second reading June 22, 1964
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DELRAY BEACH NEWS-JOURNAL
Published Semi. Weekly
Delray Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF PALM BEACHI /"'~ ~ ~/- ~.. w
Before the undersigned auth~na~a~/e~..~.~..I-X-.-.~~~
who o~ oath says ~hat he/she is ~/.-:~-:f..~.~~.... of The Delray Beach
News-Journal, a seroA-weeldy newspaper published a~ D~el~ay Beach in Palnl~ Beach Cgunty, Florida;
'emen ' ' /I.
that the attached c~qpy of advgrtis _ nt~ bem_g a.~..~.~ ........... -.......~'..-~. ....
in the matter of
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Aff~. ~'ther say~ that the said Delm¥ Beach News-Journal is a newspaper published at Delm¥
Beaeh,~ said Palm Beach County, ~orida, and that the said new~paper has heretofore been
eontinuousl7 publisl~ in said Palm Beach County, Florida, each week and has been entered
n.~ ~econd class mail matter at the post office in Delra¥ Beach, in said Palm Beach County',
Florkla, lot a period of one year next preceding the first publication of the attached
ve~dsement; amt offiant further says that he has neither paid nor promised any person, firm or
NOTIRT PUBL.~T~TE OF FLORIII IT LIR6E
~ GQlg~11SSIgll EXPIRES OCT. 25, 166S