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1994 ORDINANCE NO. 1994 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, REQUIRING A COMPLIANCE PERMIT FOR ANY NON- RESIDENTIAL USE SERVED BY AN ON-SITE SEPTIC SYSTEM, REQUIRING SAID PERMIT FOR ANY NON- RESIDENTIAL USE PRIOR TO A CHANGE IN USE OR INTENSITY, SETTING FORTH REQUIREMENTS FOR APPLICATIONS, FOR PROCESSING AND ISSUANCE OF SUCH PERMITS; PROVIDING FOR VIOLATIONS, PENALTIES, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the deposit of toxic and chemical waste into septic systems poses a significant threat to the quality of ground water resources; and WHEREAS, the greatest danger of ground water contamination through septic systems is in non-residential areas where the permitted uses of land are most likely to involve the production of toxic and chemical wastes; and WHEREAS, the City Commission deems it to be in the best interests of the public health and safety to monitor the non- residential uses of lands in zoning districts, when the wastewater disposal from such uses is through septic systems, so as to ensure compliance with all applicable sewage and wastewater disposal of the State of Florida, Department of Health and Rehabilitative Services. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Sanford, Florida, as follows: SECTION I. TITLE: This Ordinance shall be known and may be cited as the City of Sanford Non-Residential on-site Sewage Compliance Permit Ordinance. SECTION II. PERMIT REQUIREMENTS: A. The owner or operator of every non-residential land use in the City of Sanford for which wastewater and sewage disposal requirements are met through the use of an on-site septic system shall, prior to engaging in the conduct of such non-residential land use, obtain from the City of Sanford, a compliance permit pursuant to the provisions of this Ordinance. B. The owner or operator of every non-residential land use in the City of Sanford for which wastewater and sewage disposal requirements are met through the use of an on-site septic system shall, prior to changing location or the nature, character or isntensity of such non-residential land use and prior to adding any new use or operation to such non-residential land use, obtain from the City of Sanford a compliance permit purusant to the provisions of this Ordinance. C. Obtaining a compliance permit from the City of Sanford shall not relieve an owner or operator from any Federal, State or local requirements, nor serve was a waiver of any requirements contained in other ordinances. SECTION III. PERMIT APPLICATION PROCEDURE: A. An application for a compliance permit required by this Ordinance shall be made to the City Manager or his designee, who shall administer the requirements hereof. Such application shall be in a form approved by the Environmental Health Department, Seminole County, which shall include at a minimum: the name of the non-residential land user, the name of the owner or operator of the non-residential land use, the location at which the non-residential land use is operated and a specific identification of each activity, use, operation, service and manufacturing or process product involved in the conduct of such non-residential land use. The application must be signed and sworn to by the owner or operator of the non-residential land use and must be notarized. B. The application will be prepared in a form that will permit approval by the City Manager or his designee, when all responses to questions are such that no questionable or objectionable use is indicated. In the event that any questionable or objectionable use is indicated, the City Manager or designee, shall forward application to the Environmental Health Department, Seminole County for review and certification. --2-- Ordinance No. 1994 Upon receipt from the Environmental Health Department of a certification that the non-residential land use has been reviewed or inspected and that the use of the on-site septic systems by the non-residential land use for wastewater and sewage disposal is in compliance with all regulations of the State of Florida of Health and Rehabilitative Services, the City Manager or designee shall issue the Wastewater and Sewage Disposal Compliance Permit. SECTION IV. VIOLATIONS: It shall be unlawful for any person to engage in the conduct of any non-residential land use prior to obtaining the compliance permit required by this Ordinance. Compliance permits are not required for existing non-residential land uses unless there is a change of ownership of property or of the business, and/or a change in use or intensity. SECTION V. PENALTY: Violations of this Ordinance upon conviction shall be punished by a fine not to exceed $500.00, or imprisonment not to exceed 60 days, or by both such fine and imprisonment. SECTION VI. OTHER REMEDIES: In addition to the penalties provided in Section VI above, the City Commission is hereby authorized to institute any appropriate action or proceeding, include suit for injunotive relief, in order to prevent or abate violations of this Ordinance. SECTION VII. SEVERABILITY: Should any section, clause or provision of this Ordinance or any rules promulgated thereunder be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of this Ordinance as a whole nor any part thereof rather than the part so declared to be unconstitutional or invalid. --3-- Ordinance No. 1994 SECTION VIII. EFFECTIVE DATE: This ordinance shall become effective immediately upon final passage and adoption. PASSED AND ADOPTED this 9th day of JanuarV , A.D. 1989 ATTEST: ~ltyCC~n of the City of Sanford, Florida. CERTIFICATE I, H. N. Tam, Jr., City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 1994, PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the 9th day of January, 1989, was POSTED at the front door of the City Hall in the City of Sanford, Florida, on the 10th day of January, 1989. Cityhof Sanford, F~orida --4-- Ordinance No. 1994