§ 19-159. General connection requirements/mandatory connections.

(a)

General. It shall be the city's policy to require connections to the city's utility system whenever such connection is, in the opinion of the city commission, economically feasible, necessary, or prudent to protect and preserve the public safety, health or welfare, or to comply with the requirements of city financing instruments such as grants, loans or bonds. The following requirements are intended to comply with that policy.

(b)

Illegal acts.

(1)

It shall be unlawful:

a.

For any person to place, deposit or permit to be deposited on public or private property within the city or in any area under the jurisdiction of the city, any human or animal excrement, garbage, or other domestic or industrial waste.

b.

To discharge to any natural outlet within the city, or to city sanitary or stormwater sewer system, any stormwater, wastewater or pollutant, except where appropriate service requests have been made and such service is approved by the city.

c.

To construct or maintain any privy, privy vault, septic tanks, cesspool or other facility intended for the disposal of wastewater, except as provided herein.

(c)

Mandatory connections to city utilities.

(1)

Mandatory water connections.

a.

Mandatory residential water connections. With the exception of residential subdivisions and apartment buildings which shall be deemed commercial establishments for the purpose of this article, all Units containing uses that would be classified under this article as residential consumers, shall be required to connect to the water utility facilities and pay all required fees, disconnect from existing forms of water service, and become a customer of the city utility system when the city's water utility facilities abut that residential property, or are across no more than two lanes of roadway. Potential new applicants must pay all fees and connect prior to issuance of a certificate of occupancy, while existing potential applicants shall pay all fees and connect to the water utility facilities within 365 days of notice of such requirement by the utilities department or code enforcement officer, but must pay all fees prior to obtaining service. Although payment of fees and connection may be delayed as described above, the existing residential property owner shall apply for service no later than 60 days after receiving notice of the requirement.

b.

Mandatory commercial connections. All commercial potential new applicants with property lines within 1,000 feet of existing utility facilities shall connect to those utility facilities prior to receiving a certificate of occupancy. All existing potential applicants shall connect within 365 days of notice that their property is within 500 feet of any utility facilities. In the event that an existing well requires replacement, that facility shall be considered a potential new applicant, and shall connect if within 1,000 feet as discussed above.

c.

Mandatory industrial connections. All potential new industrial customer applicants with property lines within 1,000 feet of existing utility facilities shall connect to those utility facilities prior to receiving a certificate of occupancy if in the opinion of the city, such industrial water use through potable water supply is in the interest of public safety, health or welfare. All existing potential industrial applicants shall connect within 365 days of notice that their property is within 500 feet of any utility facilities, if in the opinion of the city manager, such industrial water use through potable water supply, is in the interest of public safety, health or welfare. In the event that an existing well requires replacement, that facility shall be considered a potential new applicant, and shall connect if within 1,000 feet as discussed above.

i)

Potential new or existing industrial customers seeking to be relieved of the mandatory connection for industrial use wells shall apply for a well permit. In the event that the city manager allows an existing or a potential new industrial customer to utilize a private well for industrial needs, such private well shall be used solely for such approved industrial uses and not for domestic uses, and shall agree to connect to non-potable alternative water supplies when available. Any such applicant shall provide backflow prevention and allow periodic inspections by the city sufficient to provide protection of the city water system according to city, state and federal laws.

ii)

In reviewing applications for industrial wells, city manager shall render obtain professional advice on health, safety and welfare issues from a civil or sanitary engineer retained by the city, review of such industrial well permit applications shall not intrude on any regulation preempted by the State of Florida.

iii)

Applicants that are denied industrial well permits by the city manager shall be entitled to a hearing on such entitlement before the board of city commissioners.

(2)

Mandatory wastewater connections.

a.

Mandatory residential connections. All property containing uses that would be classified under this article as residential consumers, shall be required to connect to the wastewater utility facilities and pay all required fees, disconnect from existing forms of wastewater service, and become a customer of the city utility system when the city's wastewater utility facilities abut that residential property, or are across no more than two lanes of roadway. New applicants must pay all fees and connect prior to issuance of a certificate of occupancy, while existing potential applicants shall pay all fees and connect to the wastewater utility facilities within 365 days of notice of such requirement by the utilities department or code enforcement officer, but must pay all fees prior to obtaining service. Although payment of fees and connection may be delayed as described above, the existing residential property owner shall apply for service no later than 60 days after receiving notice of the requirement.

b.

Mandatory commercial and industrial connections. All potential new applicants with property lines within 1,000 feet of existing or planned utility facilities shall connect to those utility facilities prior to receiving a certificate of occupancy. All existing potential applicants shall connect within 365 days of notice that their property is within 500 feet of any utility facilities. In the event that an existing septic tank or drain field requires replacement, that facility shall be considered a potential new applicant, and shall connect if within 1,000 feet as discussed above.

(d)

Private wastewater disposal.

(1)

Where after receiving and reviewing a proper application for service, the city determines that a public sewer is not available, the building sewer shall be connected to a private on-site wastewater disposal system serving only that building or project, and complying with the provisions of city, state and federal law.

(2)

Before commencement of construction of a private on-site wastewater disposal system, the owner shall first obtain a written permit signed by the city manager. The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications and other information as deemed necessary by the city. A permit and inspection fee of shall be paid to the city at the time the application is filed.

(3)

The type, capacities, location and layout of a private wastewater disposal system shall comply with all rules and regulations of the Polk County Health Department, the Florida State Department of Health and Rehabilitative Services, or other regulatory agency as applicable. No septic tank or cesspool shall be permitted to discharge to any natural outlet, or seep above the surface of the ground.

(4)

At such time as a public sewer becomes available to a property served by a private on-site wastewater disposal system as provided by the mandatory connection provisions contained herein, a direct connection shall be made to the public sewer in compliance with this article and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be abandoned and filled with suitable material.

(5)

The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the city.

(e)

Connections required for certain buildings. The owner, tenant or occupant of each lot or parcel of land with a structure or unit thereon within the city and which abuts upon a street, easement or other public way containing a city sanitary sewer or potable water line available to serve the property or structure shall connect such structure or building to the city sanitary sewer and potable water system and shall cease to use any other method for the disposal of sewage waste or the use of a well for potable water purposes. If connection is not accomplished, the city clerk or designee shall notify the property owner, tenant or occupant of such requirement and allow 15 days within which to connect to the system. If connection is still not accomplished, at the expiration of the 15-day period, and upon reasonable written notice thereof by certified mail, return receipt requested or hand delivered with signed receipt, the city clerk or designee shall authorize the connection and recover from the owner of such parcel all reasonable and actual costs of making such connection, including reasonable attorney's fees and applicable interest, if necessary. The referenced costs be a lien upon the real property and shall be subject to foreclosure within one year of filing and recording the lien document or such other enforcement or collection as allowed by law.

(f)

Code enforcement procedures. Code enforcement under the city's code enforcement ordinance or any other lawful means may commence upon the property owner's failure to timely apply for service. Notice of the obligation to connect shall be separate from notice under the code enforcement ordinance, and shall be delivered in the same manner as code enforcement citations.

(Ord. No. 6.2002, § 9, 9-3-2002; Ord. No. 01-2010, § 2, 2-18-210)