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3042 ORDINANCE NO. 3042 KN ORDINANCE AMENDING THE CODE OF THE CITY O~ SANFORD, FLORIDA BY AMENDING CHAPTER 28 AUTHORIZING A CONTINUOUS CROSS CONNECTION CONTROL PROGRAM WHICH REGULATES CROSS CONNECTIONS WITH THE PUBLIC POTABLE WATER SUPPLY~ WHERE SUCH CROSS CONNECTION IS DEFINED AS A CONNECTION OR ARRANGEMENT OF PIPING.OR APPURTENANCES THROUGH WHICH WATER OF QUESTIONABLE QUALITY, WASTES OR OTHER CONTAMINANTS CAN ENTER THE PUBLIC POTABLE' WATER SUPPLY SYSTEM; PROHIBITED ACTS, PENALTIES, DEFINITIONS, LINE LOCATIONS; PROVIDING THE SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, a safe and healthful public potable Water system is critical to the public health, safety and welfare, and WHEREAS, cross connections or the possibility of backflow entering the public potable water system presents a grave hazard to the public:health safety and welfarel and WHEREAS, the adoption of regulations protecting the public potable water system is of critical importance to the protection of the public health, safety and welfare~ NOW THEREFQRE, be it enacted by the City Commission of the City of Sanford, Florida, hereinafter referred to as the City, as follows: SECTION ONE: The Code of the City of Sanford, Florida is hereby amended by the amendment of.Chapter'28 by the adoption of new Sections 28-170 thru 28-179, to read as follows: Sec. 2~-~70 Manual of Cross Connection Control. The Ci~,y adopts by reference the City of Sanford "Manual of Cross Connection Control" dated October 1, 1990. Compliance with the manual and the Cross Connection.Program contained therein is hereby required. Sec. 28-171 Cross'Connection Control Inspections. The Director of Utilities or his designee shall cause inspections to be made of all properties served by the public potable water supply where cross connections with the public potable water supply is deemed possible. The frequency of inspections and reinspections based on potential health hazards involved shall be as established by the "Manual of Cross Connection Control" of the Department of Utilities of the City and in no case shall be less than once per year for commercial users. Any fees or charges established by the City pursuant to the regulations of requirements established herein maybe changed from time ~n ~ time by resolution of the City Commission. , Ordinance No. 3042 Page 2' Seco 28-172 Property Access for Cross Connection Control. Duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter any building, structure, or property served by a connection to the.publig potable water supply system of the City for the purpose Of inspecting the piping system or systems on such prope~pty. Consent to such access shall be obtained from a person of suitable age and discretion therein or in control thereof. The refusal of such information or refusal of access, when requested shall be deemed evidence of the presence of cross connections. Sec. 28-173 Cross Connection/DisContinued Service'. The Director of Utilitiesor his designee is here~y authorized and directed to discontinue potable water service to any property after notice, wherein any connection in violation of Section 28-170 exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public potable water supply system. Water service to such property shall not be restored until the cross connection(s) has been ~liminated in compliance with the provisions of this Chapter. Sec. 28-174 Protection of Public Potable Water Supply, Labeling. The potable water supply made available on the properties served by the public potable water supply shall'be protected from present or future possible contamination as specified by this Chapter and by State and City Plumbing Codes, Any water outlet which could be used for potable or domestic purposes and which is not supplied by the potable system must be labeled "WATER UNSAFE FOR DRINKING" or other appropriate labeling, in a conspicuous manner. Sec. 28-175 Cross Connection Control Expenses and Records. ~he consumer shall bear all expense of installing, testing and maintaining the protective devices required by Section 28-170 to insure proper operation on a continuing basis.' Installation, testing and maintenance of protective devices shall be conducted by certified personnel approved by the City's Department of Utilities. The consumer shall notify the. City's Department of Utilities at least forty-eight (48) hours in advance, in writing, when the tests are to be undertaken so that it may have:a representative witness the tests.~f it is so desired. The consumer shall keep records of his testing, maintenance and repair activities related to cross connection control and shall make these records available upon request. Copies of all testing, maintenance and repair records shall be sent to the City's Department of Utilities immediately after the work is performed. Sec. 28-176 Cross Connection Other Codes and Rules. Section 28~170 does not supersede the Standard Plumbing Code of the Southern Building Code Congress International, the Florida State Department of Health Plumbing Rules, and the City's plumbing ordinance but is supplementary to them; when conflicts exist the more restrictive provision shall apply. Ordinance No.3042 ~ Page 3 See. 28-177 Cross Connection/Violation Liability. That any person or customer found guilty of violating any of the provisions of Sec. 28-170 or any written order of the City or pursuance thereof, shall be punishable in accordance with Sec. 1-8 of City Code. In addition, such person or customer sha~l pay all costs and'expenses involved in the case to include attorney's fees. Notice of such violation shall be ~ven by delivering the same to the premises and a copy thereof mailed to the billing address as it appears on the City's billing records. Each day upon which a violation of the provisions of Sec. 28-170 shall occur shall be deemed separate and additional violation. An~ person or customer in violation of any of the provisions of Se0..28-170 shall become liable to the City for any expense, loss, or damage incurred by the City, such violation to include attorney's fees. In addition any penalty provided by law for the violation of any of the provisions of See. 28-170, the City may bring suit in the appropriate court to enjoin, restrain, or otherwise prevent the violation of any of the provisions of this Chapter. Sec. 28-178 Cross Connection Public Employees. That no provision of this Chapter designating the duties of any City officer or ~mployee shall be so construed as to make such officer or employee liable for any fine Or penalty for failure to perform such duty. Sec. 28-179 Cross Connection Areas Embraced. All territory within the City of Sanford and the County of Seminole served by the City of Sanford potable water system, shall be governed by this Chapter to the extent permitted by law. SECTION TWO: ARTICLE I, "IN GENERAL" OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF SANFORD, FLORIDA is hereby added to read as follows: ARTICLE I. IN GENERAL Division 1. Prohibited Acts; Penalties; Definitions Sec. ~8-~ Prohibited Acts. No pe~ons, unless expressly authorized in writing by the Director of Utilities or his designee, shall tamper with, work on, connect to, or in any way alter or damage any part of the City's utility system, including the potable water, reclaimed water, sanitary sewer and/or storm water systems. Tampering or work shall include, but not be limited to, unauthorized operation of City owner valves, meter tampering, straightlines, unauthorized taps, line ruptures and/or illegal dumping. .: Ordinance No.3042 Page 4 Sec. 28-1 Penalties. (a) Any person, firm, corporation or agent who shall violate any provision of this Chapter or who fails to comply ~herewith, or with any of the requirements thereof', shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding Five Hundred Dollars ($500.00)~or be imprisoned for a period not exceeding sixty (60) days, either or both penalties may be imposed. Each day during any portion of which such violation occurs constitutes a separate offense. (b) In addition to the penalties provided in Section (a) above, whoever shall violate the provisions of this Chapter shall be liable to the City,for any damage caused to the property of the City or water resources and for reasonable costs and expenses, including attorney's fees, of the City incurred in tracing, controlling and abating the violation and in restoring the property or water resources to their former condition. (c) The Owner of a building, structure or premises where anything in violation of this Chapter shall be placed or shall exist and an Architect, Builder, Contractor, Agent, Person or Corporation employed in connection with and who assisted or caused the commission of such violation, shall each be guilty of the separate offense and liable for penalties provided. (d Nothing herein contained shall prevent the City from taking such other lawful action, including but not limited to, resort to equitable legal action as it deems necessary to prevent or remedy any violation of this Chapter. Ordinance No.3042 ~ Page 5 (e) Upon detection of prohibited acts as herein defined, the City shall be authorized to take immediate action to stop the action end to remove and seize any equipment used in the commission of the violation. Sec. 28~1 Definitions. Unless the context specifically indicates otherwise, the m~aning of terms used in this Article shall be' as follows: (a) Illegal Dumping shall mean any unauthorized discharge intO'any part of the'City utility system, whether directly or indirectly. Illegal dumping shall include, but not be limited to, discharge of waste from recreational vehicles, septic tanks, trucks.and/or commercial clean'ing vehicles into the sanitary sewer system; commercial or industrial waste discharge without prior written approval from the City; and discharge of dye,'oil, solvent, toxic or hazardous chemicals or'other waste into any storm sewer, lake or river within the jurisdiction of the City. (b) Line Break shall mean damage to City utility lines or disruption of City utility service as a result of digging, excavation, construction or utility installation work. (~). Meter Tampering shall mean reversing or physically altering a meter or appurtenance to a meter, breaking padlocks or pins, or removing a meter. (d) Persons shall mean any individual, firm, company, association, society, corporation or group. (e) Straightline shall mean any piping or hose arrangement to replace or bypass a water meter or appurtenance to a meter. Ordinance No. 3042 Page 6 (f) Unauthorized Operation of City Owner Valve shall mean any Operation of any valve in the City's utility system by a person other than specifically authorized City employe~s, including, but not limited to, a contractor or resident operating City owned valves or curb stops. (g) Unauthorized Tap shall mean any attachment to the City utility system without prior written approval from the City, including but not limited to, direct connection to a City water main~ force main or sewer line, or attachment to a fire hydrant op valve, backflow prevention device or curb'stop. SECTION THREE: Line Locations. Sec. 28-180. .Notification~to City. (a) Forty-eight (48) hours prior to commencing any digging, excavation, construction or utility installation work, all persons shall be required to provide written notification of the Director of Utilities, or his designee, identifying the work to be conducted and the location of the proposed work. (b) A duly authorized representative of the City must be present on site prior to commencement of digging, excavation, construction or~utility installation for the purpose of locating City utility lines. (c) Written notification may Re reduced in case of emergency, as determined by the Director of the Department of Utilities, or his designee; provided that the owner/applicant shall bear all costs incurred by the City in meeting the expedited work schedule. ORDINANCE NO. 3042 Page 7 SECTION FOUR.: If any section or portion of a section of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect of any other section or part of this ordinance. SECTION FIVE: That all ordinances or parts of ordinances in conflict herewith be and the same are hereby revoked. SECTION SIX: That this ordinance shall become effective immediately upon its passage and adoption. A.D. 1990 ATTEST :- City of Sanford, Florida CERTIFICATE I, Janet R. Donahoe, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 3042, PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the 10th day of December, 1990, was posted at the front door of the City Hall in the City of Sanford, Florida, on the llth day of December, 1990. In witness whereof, I have hereunto set my hand and the official seal of the City of Sanfore, Florida, this llth day of December, 1990. City of_Sanford, Florida.