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Item Q4 . . NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, January 19, 2000, at 3:00 PM at the Harvey Center - Truman School, 1200 Truman Avenue, Key West, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA PROVIDING FOR DEFINITIONS; PROVIDING THAT THE OWNER OF AN ON-SITE SEWAGE TREATMENT AND DISPOSAL SYSTEM MUST CONNECT TO A SEWERAGE SYSTEM WITHIN 30 DAYS OF NOTIFICATION FROM THE OWNER OF THE SEWERAGE SYSTEM THAT THE SYSTEM IS AVAILABLE; AUTHORIZING PAYMENT OF CONNECTION FEES OVER A TWO YEAR PERIOD, OR OVER A FIVE YEAR PERIOD IF CERTAIN HARDSHIP CONDITIONS ARE MET; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any decision made by the Board with respect to any matter considered at the hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Copies of the above-referenced ordinance are available for review at the various public libraries in Monroe County, Florida. Dated at Key West, Florida, this 10th day of December, 1999. DANNY L. KOLHAGE. Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) Publication dates Key West Citizen Keynoter Reporter 12/31 /99 & 1 /7/00 1/1/00 & 1/8/00 12/30/99 & 1/6/00 I-GLI . . Commissioner Nora Williams ORDINANCE NO -2000 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA PROVIDING FOR DEFINITIONS; PROVIDING THAT THE OWNER OF AN ON-SITE SEWAGE TREATMENT AND DISPOSAL SYSTEM MUST CONNECT TO A SEWERAGE SYSTEM WITHIN 30 DAYS OF NOTIFICATION FROM THE OWNER OF THE SEWERAGE SYSTEM THAT THE SYSTEM IS AVAILABLE; AUTHORIZING PAYMENT OF CONNECTION FEES OVER A TWO YEAR PERIOD, OR OVER A FIVE YEAR PERIOD IF CERTAIN HARDSHIP CONDITIONS ARE MET; PROVIDING FOR PENALTIES: PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES: AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA: Section 1. Definitions. (a) Available as applied to a publicly owned or investor-owned sewerage system. means that the publicly owned or investor-owned sewerage system is capable of being connected to the plumbing of an establishment or residence. is not under a Department of Environmental Protection moratorium. and has adequate permitted capacity to accept the sewage to be generated by the establishment or residence; and: 1. For a residential subdivision lot. a single-family residence. or an establishment. any of which has an estimated sewage flow of 1.000 gallons per day or less, a gravity sewer line to maintain gravity flow from the property's drain to the sewer line, or a low pressure or vacuum sewage collection line in those areas approved for low pressure or vacuum sewage collection. exists in a public easement or right-of-way that abuts the property line of the lot. residence. or establishment. 2. For an establishment with an estimated sewage flow exceeding 1,000 gallons per day. a sewer line. force main, or lift station exists in a public easement or right- of-way that abuts the property of the establishment or is within 50 feet of the property line of the establishment as accessed via existing right-of-way or easements. I fA I t-=.~J ,.. t i ,..,) . 3. For proposed residential subdivisions with more than 50 lots, for proposed . commercial subdivisions with more than 5 lots, and for areas zoned or used for an industrial manufacturing purpose or its equivalent. a sewerage system exists within one-fourth mile of the development as measured and accessed via existing easements or right-of-way. 4. For repairs or modifications within areas zoned or used for an industrial or manufacturing purpose or its equivalent. a sewerage system exists within 500 feet of an establishment's or residence's sewer stub-out as measured and acc:essed via existing right- of-way or easements. (b) Blackwater means that part of domestic sewage carried off by toilets, urinals, and kitchen drains. (c) Domestic sewage means human body waste and wastewater. including bath and toilet waste, residential laundry waste. residential kitchen waste. and other similar waste from appurtenances at a residence or establishment. (d) Graywater means that part of domestic sewage that is not blackwater. including waste from the bath. lavatory. laundry. and sink, except kitchen sink waste. (e) Onsite sewage treatment and disposal system means a system that contains a standard subsurface, filled. or mound drainfield system; an aerobic treatment unit; a graywater system tank: a laundry wastewater system tank; a septic tank; a grease interceptor. a dosing tank; a solids or effluent pump; a waterless. incinerating. or organic waste-composting toilet: a sanitary pit privy that is installed or proposed to be installed beyond the building on land of the owner or on other land to which the owner has the legal right to install a system; and package sewage treatment facilities. including those facilities that are in full compliance with all regulatory requirements and treat sewage to advanced wastewater treatment standards or utilize effluent reuse as their primary method of effluent disposal. Section 2. Connection of existing on-site sewage treatment and disposals systems to central sewerage system. 2 (a) The owner of an onsite sewage treatment and disposal system must connect the . system or the building's plumbing to an available publicly owned or investor-owned sewerage system within 30 days after written notification by the owner of the publicly owned or investor- owned sewerage system that the system is available for connection. The publicly owned or investor-owned sewerage system must notify the owner of the onsite sewage treatment and disposal system of the availability of the central sewerage system. No less than 1 year prior to the date the sewerage system will become available, the publicly oWl'1ed or investor-owned sewerage system shall notify the affected owner of the onsite sewage treatment and disposal system of the anticipated availability of the sewerage system and shall also notify the owner that the owner will be required to connect to the sewerage system within 30 days of the actual availability. The owner shall have the option of prepaying the amortized value of required connection charges in equal monthly installments over a period not to exceed 2 years from the date of the initial notification of anticipated availability. (b) Subsequent to the effective date of this ordinance, the County Commission may. subject to approval of the FKAA. adopt a resolution providing that the owner of an onsite sewage treatment and disposal system may pay any connection fees charged by an investor-owned sewerage system in monthly installments - without interest - over a period of time not to exceed five years from the date the sewerage system becomes available if the County determines that the owner has demonstrated financial hardship. The resolution must contain. at a minimum. the following: 1. The designation of the County employee(s) or officer(s) empowered to make the hardship determination: and 2. The criteria for making the determination which take into account the owner's net worth. income. and financial needs. Section 3. Penalties. ~ Violations of this ordinance may be prosecuted before the Code Enforcement Special . Master (or Board) as authorized by Chap. 6.3. Art. I. Monroe County Code. and Chap. 162, Part I. FS. by a notice to appear issued under Chap. 6.3. Art. II. and Chap. 162, Part II. and Sec. 125.69(2), FS, or Chap. 76-435, Laws of Florida, by prosecution as a second degree misdemeanor pursu~nt to Sec. 125.69(1), FS, or by any other method authorized by law for assuring compliance with the terms of this ordinance including suits for injunctive relief. Section 4. If any section. subsection. sentence. clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 6. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe. Florida. as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 7. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida. at a regular meeting of said Board held on the _ day of ,2000. Mayor Shirley Freeman Commissioner Wilhelmina Harvey Commissioner George Neugent Commissioner Mary Kay Reich Commissioner Nora Williams (SEAL) Attest: DANNY L.KOLHAGE. Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA By By Deputy Clerk jordiiisewer30 Mayor/Chairman 1