HomeMy WebLinkAbout4207 Reclaimed Water restrictionsOrdinance No. 2010 -4207
An Ordinance of the City of Sanford, Florida providing for adoption
of policies and procedures relating to restrictions on the use of
reclaimed water by the City's reclaimed water customers for
landscape irrigation; providing for implementation; providing for
legislative findings and intent; providing for restrictions; providing
for variances; providing for appeals; amending Section 3 of
Ordinance Number 4153; providing for a savings provision;
providing for enforcement and penalties; providing for conflicts;
providing for implementing administrative actions; providing for
severability; providing for codification and providing for an effective
date.
Whereas, the St. Johns River Water Management District has responsibility
and exclusive authority under Chapter 373, Florida Statutes, for regulating the
consumptive use of water; and
Whereas, Rule 40C- 2.042(2)(a), Florida Administrative Code, of the St. Johns
River Water Management District grants a general permit to each person located within
the District to use, withdraw or divert water for small landscape irrigation uses, provided
that irrigation occurs in accordance with this rule; and
Whereas, Rule 40C- 2.042(2)(a), Florida Administrative Code, provides that
reclaimed water may be used any time for landscape irrigation; and
Whereas, the St. Johns River Water Management District has allowed local
governments adopt ordinances to restrict their reclaimed water customers' use of
reclaimed water for landscape irrigation when such restrictions are needed to address the
local government's allocation or reclaimed water system issues; and
Whereas, the City of Sanford, as a utility services provider, has limited
reclaimed water resources, and unrestricted reclaimed water use would have a
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detrimental impact on the utility's ability to serve all of its customers, as well as
compromise the system's operational, disposal, and storage abilities; and
Whereas, the restrictions on the use of reclaimed water for landscape
irrigation as set forth in this Ordinance apply only to the City of Sanford's reclaimed
water customers
Now, Therefore, be it Enacted By the People of the City Of Sanford,
Florida:
Section 1. Legislative Findings And Intent.
(a). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(b). Although not a land development regulation, this Ordinance is consistent
with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford,
the Land Development Regulations of the City of Sanford, and other controlling law.
(c). The City Commission of the City of Sanford hereby recognizes the
exclusive preemptive authority of the St. Johns River Water Management District to
regulate the consumptive use of water within its controlling jurisdiction.
Section 2. Definitions.
For the purpose of this Ordinance, the following terms, phrases, words and their
derivatives shall have the meaning given herein. When not inconsistent with the
context, words used in the present tense include the future, words in the plural include
the singular, and words in the singular include the plural.
(a). "Address" means the house number of a physical location of a speck
property. This includes "rural route" numbers but excludes post office box numbers. If a
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lot number in a mobile home park or similar community is used by the U.S. Postal
Service to determine a delivery location, the lot number shall be the property's address.
An "even numbered address" means an address ending in the numbers 0, 2, 4, 6, 8 or
the letters A -M. An "odd numbered address" means an address ending in the numbers
1, 3, 5, 7, 9 or the letters N -Z.
(b). "Landscape irrigation" means the outside watering of plants in a landscape
such as shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens and other
such flora that are situated in such diverse locations as residential areas, public,
commercial, and industrial establishments, and public medians and rights -of -way.
"Landscape irrigation" does not include agricultural crops, nursery plants, cemeteries,
golf course greens, tees, fairways, primary roughs, and vegetation associated with
recreational areas such as playgrounds, football, baseball and soccer fields.
Section 3. Reclaimed Water Usage For Landscape Irrigation. A new section
of the Code of Ordinances of the City of Sanford is created to read as follows:
(a). With regard to the reclaimed water customers of the City of Sanford, the use
of water from the City's reclaimed water systems for landscape irrigation within the City
Limits of the City of Sanford is allowed in accordance with the following schedule:
(1). Landscape irrigation at odd numbered addresses or no address may
occur only on Monday, Wednesday and Saturday of each week and it is prohibited and
unlawful between the hours of 10:00 a.m. and 4:00 p.m. on those days and at all times
on all other days.
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(2). Landscape irrigation at even numbered addresses may occur only on
Tuesday, Thursday and Sunday of each week and it is prohibited and unlawful between
the hours of 10:00 a.m and 4:00 p.m. on those days and at all times on all other days.
(b). The days and hours set forth in Subsection (3)(a) may be modified by the
City Commission by adoption of a resolution.
(c). The additional purpose of this Ordinance is to address the City's reclaimed
water system operational concerns, the reclaimed water customers of the City shall use
reclaimed water for landscape irrigation only in accordance with the landscape irrigation
schedule set forth in Section (3)(a). For the purpose of this Ordinance, the City's
reclaimed water system includes systems in which the primary source is reclaimed
water, which may or may not be supplemented from another source during peak
demand periods.
Section 4. Variance From Specific Day Of The Week Limitations.
A variance from the landscape irrigation schedule set forth in Section 3(a) above
may be granted if strict application of the landscape irrigation schedule would lead to
unreasonable or unfair results in particular instances, provided that the applicant
demonstrates with particularity that compliance with the landscape irrigation schedule will
result in a substantial economic, health or other hardship on the applicant requesting the
variance or those served by the applicant.
Section 5. Enforcement, Fees /Service Charges And Penalties. A new section
of the Code of Ordinances of the City of Sanford is created to read as follows:
(a). It is prohibited and unlawful for a reclaimed water customer of the City to fail
to comply with the requirements of this Ordinance.
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(b). The City may enforce the provisions of this Ordinance by any means
available to the City under the Code of Ordinances of the City of Sanford or as may be
available under the controlling provisions of State law and may assess service fees and
service charges as a method of collecting such fees and service charges resulting from
a utility customer failing to comply with the provisions of Section 3(a) of this Ordinance
or any implementing administrative actions.
(c). The penalties for violation of this Ordinance shall be as set forth in the code
enforcement method asserted by the City under the Code of Ordinances of the City of
Sanford or as may be available under the controlling provisions of State law; provided,
however, that incarceration shall not be an applicable punishment relative to the
violation of this Ordinance.
(d). Warning notices may be provided to violators by either hanger, facsimile
transmittal, any form of mail, hand delivery, or any other manner authorized by
controlling law.
Section 6. Appeals; amendment to Section 3 of Ordinance Number
4153. Section 3 of Ordinance Number 4153 is amended to read as follows:
(a). The City Commission of the City of Sanford hereby finds that not all of the
City's Codes and ordinances provide for administrative appeals with regard to permit
issuance or denial or other similar actions of the City
(b). In such cases when a speck permitting activity or process of the City or
other activity of the City such as, but not limited to, the payment of utility bills, does not
provide for an appellate process when a permit is denied or a City action is taken, and
an applicant or other person affected by the action of the City would be in violation of a
City Code or ordinance to conduct the activity without the issuance of a permit or would
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otherwise be in non - compliance with the requirements of the City the applicant for the
permit or the person adversely affected by the action of the City, may appeal the denial
or other action to the City Manager or, if the City Manager is the official vested with the
initial power to grant a permit or take an action to the City Commission. Appeals must
be filed within ten City working days from the date of the denial or action of the City,
and must specifically state in writing and in detail the basis of the appeal. Engaging in
unpermitted activity while a permit has been denied is prohibited and unlawful
notwithstanding the fact that an appeal may have been filed and be pending and the
payment of any sum due must be timely made in order for the matter to be heard and
this appeal process shall not be used for the purposes of delaying payment Actions
taken by the City in its code enforcement processes shall not be subject to appeal under
the provisions of this Section. The City Commission shall establish an appeal fee
relative to this Section by adoption of a resolution.
Section 7. Implementing administrative actions.
(a). The City Manager is hereby authorized and directed to implement the
provisions of this Ordinance by means of such administrative actions as may be
deemed appropriate and necessary to include, but not be limited to, the adoption of
administrative rules.
(b). The City Manager, or designee, shall ensure that the reclaimed water
schedule is widely disseminated such as, by way of example only, on the City's Web page.
Section 8. Savings.
The prior actions of the City of Sanford relating to water conservation are hereby
ratified and affirmed.
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Section 9. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed. Also, the provisions of Resolution Number 1841 and Resolution Number 1866
are hereby repealed.
Section 10. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
Section 11. Codification.
The provisions of this Ordinance shall become and be made a part of the Code
of Ordinances of the City of Sanford, Florida and the Sections of this Ordinance may be
renumbered or relettered to accomplish such intention and the word "Ordinance ", or
similar words, may be changed to "Section," "Article ", or other appropriate word;
provided, however, that Sections 6, 7, 8, 9 and 10 shall not be codified.
Section 12. Effective Date.
This Ordinance shall become effective immediately upon enactment.
Passed and adopted this 26 day of April, 2010.
Attest.
Janet Dougherty, Idity Cle
City Commission of the City of
Sanford, Florida
Linda Ku n, Mayor
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Approved as to form and legal sufficiency.
'n Colbert Ci"ft& n4
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