Res 46-74 RESOLUTION NO. 46-74.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, CONCEP~NING THE ISSUANCE
OF BUILDING PERMITS WHERE SEWERS ARE AVAILABLE
AND THE OWNERS ARE UNABLE TO CONNECT TO SAID
SEWER LINES PURSU~LNT TO TEMPOP~ARY OPERATING
PEP~MIT ISSUED BY THE DEPARTMENT OF POLLUTION
CONTROL, STATE OF FLORIDA.
WHE?~EAS, the City of Delray Beach is under a sewer moratorium
imposed by a temporary operating permit issued by the Department of
Pollution Control, State of Florida, wherein additional users of the
sewer facilities may not be connected to the present sewer system
unless the sewage is treated to the 90 per cent factor; and,
WHEREAS, the ordinances of the City of Delray Beach call for
a hookup to the sewer system for anyone located within 200 feet of a
city sewer line which cannot be done because of the temporary operating
permit issued by the Department of Pollution Control; and,
WHEREAS, lot owners and the home building industry are penal-
ized because of being unable to build; and,
WHEREAS, the Palm Beach Board of County Commissioners acting
as the Environmental Control Board will allow the use of septic tanks
on property which meets the standards of the County Health Department,
NOr,'/, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE
CITY OF DELPJ~Y BEACH, FLORIDA, AS FOLLOWS:
1. The Chief Building Official of the City of Delray Beach
is authorized to issue a building permit to those owners who will be
permitted to use septic tanks under the following conditions:
(a) The approval and issuance of a septic tank permit
by the Palm Beach County Health Department.
(b) The payment of the sewerage connection fee to the
City.
(c) The installation of a connection to the City sewer
line if within 200 feet of the property with the
omission of 4 feet of pipe from the setback line.
Compliance with this provision is required before
the issuance of a Certificate of Occupancy.
(d) Post a $100.00 cash performance bond with the City
to insure that the owner will connect to the sewer
within 30 days from the date of mailing notification
by certified mail or within 20 days after posting of
notice on the structure in the event the certified
mail is returned. If the final hookup and discon-
tinued use of the septic tank is not completed within
the .nbove time limits, the owner will forfeit the
bond to the City and the City wil~ proceed to dis-
connect the septic tank and make the connection to
the City sewer line.
(e) Owner, upon the posting of the bond, authorizes the
City to enter upon the owner's property to perform
such connections if the owner fails to comply within
the time limits set out above.
(f) ~ner, upon acceptance of these conditions, agrees
that these conditions shall be made a part of any
and all future transfers of the property and subse-
quent owners likewise agree to abide by this provision.
2. A copy of this Resolution shall be given to each owner who
utilizes a septic tank under these conditions. The Building Official
shall obtain a receipt showing that the owner obtained a copy of this
Resolution.
3. This Resolution shall take effect immediately upon passage
by the City Council of the City of Delray Beach.
PASSED AND ADOPTED in regular session on this the /Z~ day
of ~$~_ _ , 1974.
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ATTEST:
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Res. No. 46-74.