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HomeMy WebLinkAboutVII (A) First Reading/ Adoption of Emergency Ordinance No. 2001-06, Amending Chapter 175 of the City Code relating to Water Shortage Measures Agenda 02-20-2001 Item VII A FOLEY & LARDNER MEMORANDUM CLIENT-MATTER NUMBER 020377-0148 TO: The Honorable Mayor and City Commissioners of the City of Ocoee on/ FROM: Paul E. Rosenthal, Esq., City Attorney�>A_ DATE: February 13, 2001 RE: Emergency Ordinance No. 2001-06 Amending Chapter 175, Water Shortage Measures At the February 6, 2001 City Commission meeting, the City Commission adopted Resolution No. 2001-02 declaring a water shortage emergency. The Resolution implemented the provisions of Chapter 175 of the City Code with respect to water shortage situations. In connection therewith, we advised the City Commission that the staff was in the process of revising Chapter 175 of the City Code to address other issues necessary to effectively implement the St. Johns River Water Management District Water Shortage Plan. Attached hereto is a proposed Ordinance amendment to Chapter 175 of the City Code in order to more effectively implement the aforementioned water shortage plan and eliminate conflicts between Chapter 175 and the St. Johns River Water Management District Order. Highlights of the proposed amendments are as follows: (1) The fine schedule is increased in order to be consistent with the St. Johns River Water Management District Order. (2) The fines are designated as "fees" for the receipt of potable water service and will appear on the monthly water bill. The collection of these fines or fees will be in the same manner as charges for other water service, including disconnection for nonpayment. (3) The City of Ocoee Police Department and designees of the City Manager will have the authority to enforce Chapter 175 and issue citations and levy fines pursuant thereto. (4) Violation notices and the levy of a fine may be appealed in writing to the City Manager who may grant relief under extraordinary circumstances. 006.209153.1 (5) The hours of operation will match the current St. Johns Order and may be modified at a future date by Resolution rather than by Ordinance. The proposed amendments to Chapter 175 have been prepared in consultation with the City staff who recommend adoption thereof. It is recommended that the Ordinance he adopted as an emergency ordinance due to the critical nature of the water shortage and the need to promptly amend Chapter 175 in order to effectively enforce the St. Johns River Water Management District Order. RECOMMENDATION: It respectfully is recommended that the Honorable Mayor and City Commissioners adopt Emergency Ordinance No. 2001- 06 amending Chapter 175 of the Ocoee City Code and authorize execution thereof by the Mayor and City Clerk. PER/jh Enclosure 006.209153.1 2 ORDINANCE NO. 2001-06 AN EMERGENCY ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING AND RESTATING CHAPTER 175 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE REGARDING THE CITY'S WATER SHORTAGE MEASURES; RESTATING AUTHORITY; RESTATING INTENT; RESTATING APPLICABILITY; RESTATING DEFINITIONS; AMENDING AND RESTATING WATER USE RESTRICTIONS; AMENDING AND RESTATING EXEMPTIONS AND ALTERNATIVE WATER CONSERVATION PRACTICES; AMENDING THE VIOLATIONS AND PENALTIES; FINDING THE EXISTENCE OF AN EMERGENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA AS FOLLOWS: SECTION ONE. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes, and Section C-8E of the Charter of the City of Ocoee. SECTION TWO. Amended and Restated Water Shortage Measures. Chapter 175 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows (with deletions stricken and additions underlined): CHAPTER 175 WATER SHORTAGE MEASURES § 175-1. Title; authority. A. This chapter shall be known and may be cited as the"Water Shortage Measurers Chapter." B. The city has the authority to adopt this chapter pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. § 175-2 Intent. The intent of this chapter is to set forth uniform citywide water shortage principles consistent with the applicable rules of both the St. Johns River Water Management District and the South Florida Water Management District in order to provide for the safe and prudent use of a limited and valuable resource during a water shortage. During such times as either the St. Johns River Water Management District or the South Florida Water Management District declare a water shortage pursuant to Florida Administrative Code Chapters 40C-21 and 40E-21, respectively, as they may from time to time be amended, the specific restrictions imposed by the applicable Water Management District which are more restrictive than the regulations set forth in this chapter shall apply to those areas of the city within the jurisdiction of the applicable Water Management District and shall be fully enforceable by the city. § 175-3 Applicability. Notwithstanding any provisions of this chapter, this chapter shall not apply to consumptive uses of water which(i) meet or exceed an individual permitting threshold under Florida Administrative Code Rule 40C-2.041(l), or(ii) is issued an individual permit under Chapter 40E-2, Florida Administrative Code. Further, the provisions of this chapter will only be applicable when the City Commission,by resolution, finds that the following circumstances exist: A. The estimated present and anticipated demand for water exceeds the estimated present and anticipated available water supply such that a water shortage exists; and B. The city has an immediate need for measures to address the water shortage to assure an adequate supply of water to water users within the City of Ocoee's water service territory. §175-4 Definitions. MICRO-IRRIGATION —The use of equipment and devices specifically designed to allow the volume of water delivered to be limited to a level consistent with the water requirement of the vegetation being irrigated and to allow that water to be placed with a high degree of efficiency in the root zone of the vegetation. PERSON—Any individual, firm, association, organization, partnership,business trust, corporation, company, agent, employee, political subdivision, state, district,region or any other legal entity. RECLAIMED WATER—Treated domestic wastewater that meets the standards defined by the Department of Environmental Protection for irrigation on areas that may be accessible to the public. VEGETATION Any living plant, including grass, shrubs or trees. §175-5 Water use restrictions. Subject to the exemptions and alternative water conservation practices set forth in § 175- 6, no person shall irrigate or cause to be irrigated any vegetation, including but not 2 006.207293.2 limited to lawns, landscaping, agricultural crops, nursery plants, golf courses or recreational areas (regardless of whether public or private water resources are utilized) between the hours of 8:00 a.m. and 8:00 p.m. 10 a . and 4 p.m., or such other hours as may be established by resolution of the City Commission. §175-6 Exemptions, alternative water conservation practices. Notwithstanding the restrictions set forth in § 175-5 above, vegetation may be irrigated between the hours of 8:00 a.m. and 8:00 p.m. 10 a . and 4 p.m., or such other hours as may be established by resolution of the City Commission,provided that proof of compliance with an exemption or alternative water conservation practice identified in this section is readily available to enforcement personnel and the person meets one(1) or more of the following criteria: A. Use of a micro-irrigation system; B. Use of reclaimed water; C. Use of recycled water from wet detention treatment ponds, provided that the ponds are not augmented from any ground or off-site surface water or public water supply sources; D. Irrigation of or in preparation for planting, new landscaping, new sod, agricultural crops or nursery stock, during one (1) thirty-day period, provided that irrigation is limited to the amount necessary for crop or plant establishment and irrigation of new landscaping and newly seeded or sprigged golf course areas, during one (1) sixty-day period; E. Chemigation and fertigation by irrigation one(1) time per week; F. Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides and herbicides when required by law,the manufacturer or best management practices, within twenty-four(24) hours of application; G. Operation of irrigation systems for maintenance or repair purposes not to exceed ten (10)minutes per hour per zone; H. Irrigation of agricultural crops by seepage systems which regulate off-site discharges through the use of water control structures,provided that the discharge does not overtop the control structure by more than one-half(1/2) inch, there is no discharge between 1:00 p.m. and 7:00 p.m. unless associated with a storm event and the structure is well maintained; I. Use of water to protect agricultural crops and nursery plants, except ferns, from frost or freeze damage when freezing temperatures or frost are predicted by an official weather forecasting service; 3 006.207293.2 J. Use of water to protect ferns from frost or freeze damage when the "wet bulb" temperature, as measured by a"wet bulb"thermometer at the site of application, is thirty-four degrees Fahrenheit (34° F.) or less [freeze protection must cease when temperatures rise above forty degrees Fahrenheit(40° F.)]; K. Use of water to protect agricultural crops,nursery plants or golf course turf from heat stress damage,provided that the watering does not exceed ten(10) minutes per hour per zone or one(1)twenty-minute period per day, whichever is applicable; L. Irrigation of agricultural crops by traveling volume guns which require manual repositioning; or M. Irrigation using one (1)hand-held hose equipped with an automatic shut-off nozzle. § 175-7 Violations and penalties. r .. fine of awl. a_ua_ (ccn ) _er violation relating t_ ,.cidonti..l floe^and one h ._dreel dollars($100.)per violation relating to a nonreside..;.. . A. Any person violating any provision of this chapter shall be subject to the following fines or fees: First violation Written Warning Second violation $50.00 fine Third violation $100.00 fine Fourth violation $250.00 fine Fifth violation $500.00 fine The above fines or fees shall be applicable to both residential and non-residential water users. Each day such violation is committed or permitted to continue shall constitute a separate offense. Fines or fees levied pursuant to this section shall be set forth in the violator's monthly water bill issued by the City for potable water service and shall be considered as an additional fee for receipt of potable water service. If such water bill is not paid in full, including the fine or fee levied in conjunction herewith, in the time allowed for payment of such bill as provided in Chapter 173 of the City Code, then the City shall have the right to collect such fine or fee in the same manner as the collection of other water fees and charges, including but not limited to the right to terminate water service to the violator pursuant to the provisions of Section 173-4 of the City Code. Nothing-untamed in this chapter shall be construed to prohibit the issuance of warning with r .. 4'..4 n.. fine is cod B. Any person who receives a violation notice under the provisions of this Chapter can appeal the issuance of such violation notice and the imposition of the fine or fee in writing to the City Manager of the City of Ocoee, who shall have the authority to 4 006.207293.2 waive the fine or fee if the City Manager determines that there exists extenuating or extraordinary circumstances. 8175-8 Enforcement. Every police officer having jurisdiction in the City of Ocoee shall, in connection with all other duties imposed by law, diligently enforce the provisions of this Chapter and shall have the authority to issue citations and levy fines in connection therewith. In addition the City Manager may also delegate enforcement responsibility for this Chapter to designated employees of the City, who shall have the authority to enforce the provisions of this Chapter and issue citations and levy fines in connection therewith. SECTION THREE. EmerEency Ordinance. Pursuant to Section 166.041(3)(6), Florida Statutes, the City Commission of the City of Ocoee hereby finds that an emergency situation exists due to the water shortage emergency declared by the St. Johns River Water Management District within the City of Ocoee and the District's request of the City to expedite implementation and enforcement of the provisions of the District water shortage plan. SECTION FOUR. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION FIVE. Codification. It is the intention of the City Commission of the City that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this ordinance may he renumbered or re- lettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this ordinance may be renumbered or re-lettered and the correction of typographical errors which do not affect the intent maybe authorized by the City Manager, without need of public hearing, by filing a corrected or re-codified copy of same with the City Clerk. SECTION SIX. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. 5 006.207293.2 PASSED AND ADOPTED BY THE UNANIMOUS VOTE OF THE CITY COMMISSION OF THE CITY OF OCOEE this day of ,2001. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor READ FIRST TIME AND ADOPTED , 2001 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY,THIS day of , 2001 FOLEY & LARDNER BY: CITY ATTORNEY 006 207293.2