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HomeMy WebLinkAboutO-99-03ORDINANCE NO. O-99-03 AN ORDINANCE OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 102, Article IV, of the Code of Ordinances for the City of Sebastian constitutes the "City of Sebastian Water Restriction Plan"; and WHEREAS, said Plan applies only during times of declared water shortage emergencies, while year-round water conservation is in the best means of protecting the viability of the Florida Aquifer; and WHEREAS, making water conservation a vital interest to the citizens of the City; and WHEREAS, the City Council finds that the interests of the citizens will be best served by amending the Water Restriction Plan, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 102-77 of the Code of Ordina.ces, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-77. Definitions. The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Water means water taken from: (1) Any public water system; (2) Any groundwater system, including shallow and deep water wells drawing water from the Florida aquifer; or (3) Any surface water system. The systems enumerated are intended to include, but are not limited to, any system that uses any groundwater or interconnected surface waters for a watersource, irrespective of whether the system is publicly or privately owned. Water shortage emergency means a declaration by the city council that a water shortage exists. Section 2. That section 102-78 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-78. Applicability. The provisions of this article shall apply to all individuals, legal entities and their agents who use water, as defined in this article, within the city. ~ That section 102-79 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-79. Enforcement. (a) Every city police officer shall be authorized and empowered to enforce the provisions of this article through a noncriminal citation, with jurisdiction vesting in the county court upon failure of the violator to pay the same. However, where the offense is designated a misdemeanor, the officer shall issue a Notice to Appear before the county court. (b) Additionally, the city code enforcement officers are authorized to enforce the provisions of this article under the citation method of Code section 2-194. (c) The following enforcement notification guidelines shall be in effect for this article and shall supersede any conflicting provision of Code Section 2-194: (1) If personal contact is made with the violator, the officer shall require immediate compliance; (2) If personal contact cannot be made with anyone having ownership or control of a residence found to be in violation of this article, the enforcement personnd shall leave a notice of violation posted on the front door thereof requiring compliance within 24 hours; (3) If the notice remains posted undisturbed at said location 24 hours later, a second notice of violation shall be sent by certified mail with return receipt to said address; and (4) If said violation continues more than 24 hours after delivery of the second notice, the violator shall be cited. Notwithstanding any provisions of this subsection to the contrary, if enforcement personnel has proof the premises is actively occupied, the requirement of a mailed second notice is waived. ~ That section 102-80 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-80. Exceptions to article. The city manager shall have the authority to permit a reasonable use of water in any case necessary to maintain adequate health and sanitation standards as set forth in the county health code or when needed to perform maintenance and repair on an irrigation system. These permits may be issued with conditions, shall be issued free of charge and shall only be issued upon the showing of good cause for the uses requested. Additionally, a permit may be issued when necessary for the economic viability of a business venture, subject to the terms and conditions set forth above, for a fee of $20 for a permit of limited duration or on an annual basis for a fee of $50. Section 5. That section 102-81 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-81. Year-round restrictions. Outdoor irrigation by any manner is prohibited between the hours of 9 a.m. and 5 p.m., year-round. Locations in the city with odd-numbered addresses are only allowed to irrigate on 4 odd-numbered dates. Locations with even-numbered addresses or no listed address are only allowed to irrigate on even-numbered dates. However, new plantings are not required to alternate irrigation dates for an initial thirty-day period after installation. Custodians of publicly-owned lands, in lieu of following the restrictions set forth above, may elect to submit a year-round water use plan to the city manager meeting the criteria set forth in Section 102-91 and subject to the same review process set forth therein. Section 6. That section 102-82 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-82. Implementation of emergency restrictions. The curtailments and restrictions of water uses provided for in sections 102-83 through 102-94, below, shall be implemented upon a declaration at any time of a water shortage emergency by the city council and shall remain in effect until such time as the city council shall declare such emergency to be at an end. ~ That section 102-83 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-83. Landscaping irrigation restrictions, residential and commercial - existing installations. (a) For existing installations of landscaping on residential and commercial parcels less than five acres in size, water use for irrigation is restricted to the hours of 6 p.m. to 10 p.m., on designated days. (b) For existing installations of landscaping on residential and commercial parcels five acres or greater in size, water use for irrigation is restricted to the hours of 6:00 p.m. to 2:00 a.m., 5 on designated days. (c) Parcels with odd-numbered addresses are permitted to irrigate on odd-numbered dates. Parcels with even-numbered addresses or no addresses are permitted to irrigate on even- numbered dates. Section 8. That section 102-84 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-84. Same- New installations. Landscaping installations on residential or commercial parcels that have been in place for thirty days or less shall have the following restrictions on watering: (a) Low volume irrigation systems or hand-watering is allowed, in addition to the methods set forth below, at any time except between the hours of 9 a.m. and 5 p.m. (b) Other irrigation systems are restricted to watering between the hours of 5:00 p.m. and 9:00 p.m. Additionally, cleaning and adjusting of new irrigation systems is restricted to ten minutes per zone on a one-time basis. Section 9. That sections 102-86 through 102-89 of the Code of Ordinances, City of Sebastian, Florida are hereby deleted and said section numbers are reserved for future use. Section 10. That sections 102-90 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-90. Nursery and agricultural use restrictions. Inside overhead irrigation for nursery and agricultural uses are restricted to 8:00 a.m. to 8:00 p.m., seven days per week. Outside irrigation is restricted to 7:00 p.m. to 5:00 a.m., 6 seven days a week. Section 11. That sections 102-91 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-91. Use restrictions for public facilities. Within three days of the declaration of a water shortage emergency, custodians of publicly-owned facilities must submit a water use plan to the city manager that, while considering the manpower restraints of the entity, balances the same against the policies of water conservation such as evaporation avoidance and spreading out the times and days of irrigation. The city manager may approve or reject said plan, or approve the same with modifications. Modifications to a rejected plan must be submitted within three days. Section 12:. That sections 102-94 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-94. Miscellaneous use restrictions. (a) Boat washing and motor flushing is permitted for up to a maximum total of 30 minutes following operation in salt or brackish water. (b) Air conditioning systems utilizing water source heat pumps shall be permitted to utilize the discharge water of said system for irrigation purposes at any time notwithstanding any provision of this article to the contrary. (c) Washing and cleaning streets, driveways, sidewalks, or other non-porous areas with water is prohibited. (d) Vehicle washing other than through a permitted commercial car wash, is restricted to the hours from 4:00 a.m. to 8:00 a.m. and from 4:00 p.m. to 8:00 p.m., using the 7 even/odd house address method. (e) Outside pressure cleaning is prohibited except by licensed professionals holding a valid water use permit. (f) Outside aesthetic use of water is prohibited. Section 15. That the existing section 102-95, of the Code of Ordinances, City of Sebastian, Florida is renumbered as section 102-96, and in its place section 102-95 shall read as follows: See. 102-95. Penalties. (a) Violators of section 102-81 shall be subject to the following penalties: (1) First offense; citation amount of $25.00, maximum fine upon conviction in county court of $75.00. (2) Second offense; citation amount of $50.00, maximum fine upon conviction in county court of $150.00; and (3) Third and subsequent offenses; citation amount of $100.00, maximum fine upon conviction of $250.00. (b) Violators of sections 102-83, 102-84, and 102-90 through 102-94 shall be subject to the following penalties: (1) First offense; citation amount of $50.00, maximum fine upon~ conviction in county court of $100.00. (2) (3) Second offense; citation amount of $150.00, maximum fine upon conviction in county court of $250.00; and Third and subsequent offenses shall constitute a second degree 8 (c) Section 15. repealed. misdemeanor punishable in accordance with state law. Citations shall be paid to the office of the City Clerk at City Hall. CONFLICT. All ordinances or parts of ordinances in conflict herewith are SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. ~. EFFECTIVE DATE. This Ordinance shall take effect following its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember~'f2~, ..~z~,/~x and, upon being put to a vote, the vote was as follows: Mayor Martha S. Wininger Vice-Mayor Chuck Neuberger Councilmember Joe Barczyk Counciimember Ben A. Bishop Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this 23rd day of June, 1999. 9 ATTESt: Kat~n//M. O'I--Ialloran, CMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Ri~l~ ~tfingeC'(2ity ~t)omey CITY Oy SEBASTIAN, Fi LORIDA / Martha S. Wininger, Mayor' _. _ '~' . ;_. 10