HomeMy WebLinkAboutItem #08 Second reading of Ordinance to Repeal and Replace Ordinance 2001-06, Entitled "Water Shortage Measures"
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AGENDA ITEM COVER SHEET
Meeting Date: June 15, 2010
Item # <6
Contact Name:
Contact Number:
Charles K. Smith, P.E.
407 -905-3159
Reviewed By:
Department Director:
City Manager:
Charles K. Smit
Robert
Subject: Second Reading of an Ordinance to Repeal and Replace Ordinance 2001-06
entitled "Water Shortage Measures" with "Water Conservation for Landscape Irrigation"
Background Summary:
The City of Ocoee adopted Ordinance 2001-06 on February 20, 2001, establishing uniform citywide water
shortage measures during drought periods. The ordinance included a provision to adhere to any restriction
imposed by either S1. Johns Water Management District or South Florida Water Management District during
drought periods. The new ordinance provides a more comprehensive year-round water conservation
program that includes a defined, allowable irrigation schedule. The proposed ordinance is consistent with
SJRWMD; and SFWMD allows for the City of Ocoee to decide which district's requirements it adopts, The
City must be consistent with the districts to be eligible for any grant funding.
Attached is a summarization of the differences between the exiting and proposed ordinances.
Issue:
Should the Mayor and City Commission update Chapter 175 of the City's Code of Ordinances by repealing
and replacing Ordinance 2001-06, Water Shortaqe Measures, with the new ordinance Water Conservation
for Landscape Irriqation?
Recommendations:
Motion for Mayor and City Commission to repeal Ordinance 2001-06 entitled Water Shortaqe Measures and
replace with new Water Conservation for Landscape Irriqation ordinance,
Attachments:
"Summary of Chanqes - 2010 Water Conservation for Landscape Irriqation Ordinance", Ordinance 2001-06
Water Shortaqe Measures and proposed ordinance Water Conservation for Landscape Irriqation.
Financial Impact:
None. The City is currently following the requirements of SJRWMD as allowed in the water shortage
ordinance, so no additional resources are required,
Type of Item: (please mark with an "x')
Public Hearing
Ordinance First Reading
X Ordinance Second Reading
Resolution.
Commission Approval
Discussion & Direction
For Clerk's Deat Use:
_____ Consent Agenda
_____ Public Hearing
_____ Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
= Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dep1.
Reviewed by ( )
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.
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 ofOcoee 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 Shortae:e 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 SHORT AGE MEASURES
~ 175-1.
Title; authority.
A. This chapter shall be known and may be cited as the "Water Shortage Measures
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(1), 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
006.207293.3
2
006.207293.3
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 of8:09 a.FR. aRei 8:99 p.m. 10 a.m. and 4 n.m.. or such other hours as
may be established bv 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 ofg:99 a.FR. aHeI 8:99 p.m. 10 a.m. and 4 p.m.. or such other hours as
may be established bv 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.
IrrigatioB ef agrie\:lltmal eTeps ey seepage systems '.vhieh regulate eff site
eIiseBarges tJrre1:lgR the 1:lse of '.vater eOBkel stnJetures, previeieEl that tae diseaarg0
aees Bet e'lertep the eeBtfe1 strYetme by mere tRaR eRe Balf (1/2) mea, there is Be
eiiseaarge 1:letweeR 1 :99 p.m. aHa 7:99 p.m. \lRlees assoeiateei '.\ith a &term. eveRt
aRa the etrnetm-e is well FRaiataiaed;
1.
Use of water to protect agricultural crops and nursery plants, except fems, from
frost or freeze damage when freezing temperatures or frost are predicted by an
official weather forecasting service;
3
1. 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 (340 F.) or less [freeze protection must cease
when temperatures rise above forty degrees Fahrenheit (400 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.
.^uly fJerseR yielatiag aRY flf8visieR ef this ehl!flter shall, aflea eeRvieti8R, l3e fJ\:IBisheEl BY
a fiRe effifty dollS:fS ($59.) fler 'liolatiea relatiag te a resideetial ase aHa one hl:lRdrea
dellars ($1 gO.) fler violatioa relatiRg te a RElRresiaeatiall:lse. A. Any person violating
any provision of this chapter shall be subject to the followimr fines or fees:
First violation
Second violation
Third violation
Fourth violation
Fifth violation
Written Warning
$50.00 fine
$100.00 fine
$250.00 fine
$500.00 fine
The above fines or fees shall be apolicable 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 monthlv water bill issued bv 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 con1unction 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 rilZht to terminate water
service to the violator pursuant to the provisions of Section 173-4 of the City Code.
}JethiRg eeRtaiaea ia this ehl!flter shall 8e e8RstrueEl t8 prskibit the issl:laHee ef'Namiag
eitatieas \vith reSfleet t8 whiek ae fiRe is ilHflesed.
006.207293,3
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
waive the fine or fee if the City Manager determines that there exists extenuating or
extraordinary circumstances.
~ 175-8
Enforcement.
Every oolice officer haying iurisdiction in the City of Ocoee shall. in connection with all
other duties imoosed by law. diligently enforce the oroyisions of this Chapter and shall
haye the authority to issue citations and levy fines in connection therewith. In addition.
the City Manager may also delegate enforcement resoonsibility for this Chapter to
deshmated 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. Emere:encv Ordinance. Pursuant to Section
166.041 (3)(b), Florida Statutes, the City Commission of the City ofOcoee hereby finds
that an emergency situation exists due to the water shortage emergency declared by the
St. Johns Riyer Water Management District within the City ofOcoee 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. Ifany 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 be 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-Iettered 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.
006.207293.3
5
. '.
Section 6. Effective Date.
This Ordinance shall be effective immediately upon passage.
ATTEST:
Je
\../
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVEDAS~FORM
this 11- day of :JvI\e ,2001.
FOLEY & LARDNER
By: f~( ~
City Attorney
G:\Cable\2000\0c0eelOrdinance-Adjustmenl.to-MuimumRate-OS leOI.doc
APPROVED:
CITY OF OCOEE, FLORIDA
ADVERTISED JUNE 7,2001
READ FIRST TIME JUNE 5, 2001
READ SECOND TIME AND ADOPTED
T u AJ l:- /1 ,2001
UNDER AGENDA ITEM NO. .~ 11.1. fL.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO LEGALITY
this A day of .:r C)I\~ ,2001.
LEIBOWITZ & ASSOCIATES, P.A.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF OCOEE FLORIDA
PROVIDING FOR LOCAL IMPLEMENTATION OF THE
WATER CONSERVATION RULE FOR LANDSCAPE
IRRIGATION OF THE ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT; REPEALING THE CURRENT
CHAPTER 175 OF THE CITY CODE ENTITLED WATER
SHORT AGE MEASURES AND ADOPTING A NEW
CHAPTER 175 ENTITLED WATER CONSERVATION FOR
LANDSCAPE IRRIGATION; PROVIDING INTENT,
PURPOSE AND DEFINITIONS; PROVIDING LANDSCAPE
IRRIGATION SCHEDULES; PROVIDING EXCEPTIONS
TO THE LANDSCAPE IRRIGATION SCHEDULES;
PROVIDING FOR ADDITIONAL REQUIREMENTS FOR
AUTOMATIC IRRIGATION SYSTEMS; PROVIDING
FOR VARIANCES FROM THE SPECIFIC DAY OF THE
WEEK LIMIT A TIONS; PROVIDING FOR CITYWIDE
APPLICATION OF NEW CHAPTER 175; PROVIDING FOR
ENFORCEMENT AND PENALTIES; PROVIDING FOR
APPEAL OF VIOLATIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the St. Johns River Water Management District ("SJRWMD") has
responsibility and exclusive authority under Chapter 373, Florida Statutes, for regulating the
consumptive use of water within the SJRWMD; and
WHEREAS, the St. Johns River Water Management District has amended Rule 40C-2.042,
F.A.C., its General Consumptive Use Permit by Rule that regulates small irrigation uses below
consumptive use permit thresholds in Rule 40C-2.041(1), F.A.C.; and
WHEREAS, Rule 40C-2.042(2)(a), F.A.C., grants a general permit to each person located
within the District to use, withdraw or divert water for small landscape irrigation uses, provided that
irrigation occurs in accordance with certain schedules and exceptions set forth therein; and
WHEREAS, Rule 40C-2.042(2), F.A.C., applies to landscape irrigation regardless of
whether the water comes from ground or surface water, from a private well or pump, or from a
public or private utility; and
WHEREAS, the South Florida Water Management District ("SFWMD") adopted Rule
40E-2.061, F.A.C., which grants a No Notice General Permit by rule to use, withdraw, or divert
water at a single family dwelling or duplex for home lawn and ornamental irrigation, car washing,
and other incidental outdoor uses provided that water is obtained from a single on-site withdrawal
facility, and that landscape irrigation is conducted in accordance with Chapters 40E-24, F.A.C.
WHEREAS, the SFWMD also amended Chapter 40E-24, F.A.C., which applies to all
Ocoee Ordinance Chapter 175 (rev. 1/14/2010)
landscape irrigation regardless of whether the water comes from ground or surface water, from a
private well or pump, or from a public or private utility;
WHEREAS, Rule 40C-2.042(2)(b), F.A.C., strongly encourages a local government to
adopt an ordinance to enforce Rule 40C-2.042(2)(a), F.A.C., within its jurisdiction by adopting a
landscape irrigation ordinance that incorporates each of the provisions set forth in Rule 40C-
2.042(2)(a), F.A.C.; and
WHEREAS, Rule 40E-24.301(3), F.A.C., authorizes a local government whose
jurisdiction is divided between the SFWMD and another water management district to enact an
ordinance providing for alternative landscape irrigation conservation measures as necessary for the
local government to achieve a uniform schedule within its iurisdiction.
WHEREAS, Rule 40E-24.501(3), F.A.C. provides that a local government may adopt an
ordinance to locally enforce the year-round landscape irrigation water conservation measures;
WHEREAS, it is the desire of the City of Ocoee to adopt such an ordinance in accordance
with Rules 40C-2.042(2)(a) and (b), 40E-24.201 and 40E-24.301, F.A.C.; and
WHEREAS, a copy of this Ordinance has been delivered to the SJR WMD and SFWMD at
least thirty (30) days prior to it adoption; and
WHEREAS, the City Commission of the City of Ocoee hereby finds and declares that the
adoption of this ordinance is appropriate, and in the public interest of the citizens of this community.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authoritv. 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, Chapter 166, Florida Statutes, and Rule 40C-2.042, Florida Administrative Code.
SECTION 2. Repeal. Chapter 175 of the Code of Ordinances of the City of
Ocoee, Florida, entitled Water Shortage Measurers, is hereby repealed in its entirety.
SECTION 3. Adoption of New Chapter. A new Chapter 175 of the Code of
Ordinances of the City of Ocoee, Florida, entitled Water Conservation for Landscape Irrigation,
is hereby adopted as follows:
CHAPTER 175
Ocoee Ordinance Chapter 175 (rev. 1/14/2010)
WATER CONSERVATION FOR LANDSCAPE IRRIGATION
~ 175-1.
TITLE~ AUTHORITY.
A. This chapter shall be known and may be cited as the "Water Conservation
for Landscape Irrigation Chapter".
B. The city has the authority to adopt this chapter pursuant to Article VIII of
the Constitution of the State of Florida, Chapter 166, Florida Statutes and Rule 40C-2.042,
Florida Administrative Code
~ 175-2.
INTENT AND PURPOSE
It is the intent and purpose of this chapter to implement uniform citywide procedures that
promote water conservation through more efficient landscape irrigation.
175-3.
DEFINITIONS
For the purpose of this chapter, the following terms, phrases, words and their
derivatives shall have the meaning given herein. When not inconsistent with the context, words
used in the present tense include the future, words in the plural include the singular, and words
in the singular include the plural.
1. "Address" means the house number of a physical location of a specific
property. This includes "rural route" numbers but excludes post office
box numbers. If a lot number in a mobile home park or similar
community is used by the U.S. Postal Service to determine a delivery
location, the lot number shall be the property's address. An "even
numbered address" means an address ending in the numbers 0, 2, 4, 6, 8 or
the letters A-M. An "odd numbered address" means an address ending in
the numbers 1,3,5, 7, 9 or the letters N-Z.
2. "Administrator" means the Utilities Director or his designee, or such other
person as may from time-to-time be designated by the City Manager.
3. "District" means the St. Johns River Water Management District.
4. "Person" means any person, firm, partnership, association, corporation,
company, or organization of any kind.
5. "Landscape irrigation" means the outside watering of plants in a landscape
such as shrubbery, trees, lawns, grass, ground covers, plants, vines,
gardens and other such flora that are situated in such diverse locations as
residential areas, public, commercial, and industrial establishments, and
public medians and rights-of-way. "Landscape irrigation" does not
include agricultural crops, nursery plants, cemeteries, golf course greens,
Ocoee Ordinance Chapter 175 (rev. 1/14/2010)
tees, fairways, primary roughs, and vegetation associated with recreational
areas such as playgrounds, football, baseball, soccer and athletic fields.
6. "Residential landscape irrigation" means the irrigation of landscape
associated with any housing unit having sanitary and kitchen facilities
designed to accommodate one or more residents, including multiple
housing units and mobile homes.
7. "Non-residential landscape irrigation" means the irrigation of landscape
not included within the definition of "residential landscape irrigation,"
such as that associated with public, commercial and industrial property,
including commercial or transient housing units, hotel and motel units, and
public medians and rights-of-way.
175-4.
LANDSCAPE IRRIGATION SCHEDULES
A. When Daylight Savings Time is in effect, landscape irrigation shall occur
only in accordance with the following irrigation schedule:
1. Residential landscape irrigation at odd numbered addresses or no address
may occur only on Wednesday and Saturday and shall not occur between
10:00 a.m. and 4:00 p.m.; and
2. Residential landscape irrigation at even numbered addresses may occur
only on Thursday and Sunday and shall not occur between 10:00 a.m. and
4:00 p.m.; and
3. Non-residential landscape irrigation may occur only on Tuesday and
Friday and shall not occur between 10:00 a.m. and 4:00 p.m.; and
4. No more than % inch depth of water may be applied to an irrigation zone
on each day that landscape irrigation occurs and in no event shall
landscape irrigation occur for more than one (I) hour per irrigation zone
on each day that landscape irrigation occurs.
B. When Eastern Standard Time is in effect, landscape irrigation shall occur
only in accordance with the following irrigation schedule:
1. Residential landscape irrigation at odd numbered addresses or no address
may occur only on Saturday and shall not occur between 10:00 a.m. and
4:00 p.m.; and
2. Residential landscape irrigation at even numbered addresses may occur
only on Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and
3. Non-residential landscape irrigation may occur only on Tuesday and shall
not occur between 10:00 a.m. and 4:00 p.m.; and
Ocoee Ordinance Chapter 175 (rev. 1/14/2010)
4. No more than % inch depth of water may be applied to an irrigation
surface on each day that irrigation occurs and in no event shall landscape
irrigation occur for more than one (1) hour per irrigation zone on each day
that landscape irrigation occurs.
c. All landscape irrigation shall be limited in amount to only that necessary
to meet landscape needs.
175-5.
EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULES
Landscape irrigation shall be subject to the following irrigation schedule exceptions:
1. Irrigation using a micro-spray, micro-jet, drip or bubbler irrigation system
is allowed anytime.
2. Irrigation of new landscape is allowed any time of day on any day for the
initial thirty (30) days and every other day for the next thirty (30) days for
a total of one sixty (60) day period, provided that the irrigation is limited
to the minimum area and/or amount necessary for such landscape
establishment.
3. Watering in of chemicals, including insecticides, pesticides, fertilizers,
fungicides, and herbicides, when required by law, the manufacturer, or
best management practices, is allowed any time of day on any day within
24 hours of application. Watering in of chemicals shall not exceed V4 inch
of water per application except as otherwise required by law, the
manufacturer, or best management practices.
4. Irrigation systems may be operated at any time of day on any day for
maintenance and repair purposes not to exceed 20 minutes per hour per
zone.
5. Irrigation using a hand-held hose equipped with an automatic shut-off
nozzle is allowed at any time of day on any day.
6. Discharge of water from a water-to-air air-conditioning unit or other
water-dependent cooling system is not limited.
7. The use of water from a reclaimed water system is allowed anytime. For
the purpose of this exception, a reclaimed water system includes systems
in which the primary source is reclaimed water, which mayor may not be
supplemented from another source during peak demand periods.
8. The use of recycled water from wet detention treatment ponds for
irrigation is allowed anytime provided the ponds are not augmented from
any ground or off-site surface water, or public supply sources.
175.6 ADDITIONAL REQUIREMENT FOR AUTOMATIC IRRIGATION
SYSTEMS
Ocoee Ordinance Chapter 175 (rev, 1/14/2010)
Any person who purchases and installs an automatic' landscape irrigation system must
properly install, maintain and operate technology that inhibits or interrupts operation of the system
during periods of sufficient moisture. This provision is supplemental to other provisions of the
Code of Ordinance of the City of Ocoee with respect to automatic landscape irrigation systems.
175-7.
VARIANCE FROM SPECIFIC DAY OF THE WEEK LIMITATIONS
A variance from the specific landscape irrigation days or day set forth in this chapter may be
granted by the Administrator if strict application of the scheduled days or day would lead to
unreasonable or unfair results in particular instances, provided that the applicant demonstrates with
particularity that compliance with the scheduled days or day will result in a substantial economic,
health or other hardship on the applicant requesting the variance or those served by the applicant.
Where a contiguous property is divided into different zones, a variance may be granted hereunder so
that each zone may be irrigated on different days than other zones of the property. However, in no
event shall a variance allow a single zone to be irrigated more than two days per week during
Daylight Savings Time or more than one day per week during Eastern Standard Time.
175-8.
CITYWIDE APPLICATION OF CHAPTER
The provisions of this chapter shall apply to all property located within the corporate
limits of the City, including property located within the South Florida Water Management
District.
175-9.
ENFORCEMENT.
A. The Administrator shall oversee the daily administration of the provisions of
this chapter, including enforcement and the maintenance of records regarding violations ofthis
Chapter. The Administrator is specifically authorized to enforce the provisions of this chapter
and issue citations and levy fines in connection therewith.
B. 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.
C. A Notice of Warning and/or Notice of Violation shall be provided to
customers by placement of a door hanger and by U.S. mail. The mailing requirement may be
satisfied by including ay such notice in the monthly water bill issued by the city. Failure of
resident to receive notification shall not excuse the customer of a violation.
Ocoee Ordinance Chapter 175 (rev. 1/14/2010)
D. Any fines levied under this chapter shall be in accordance with the
provisions of Section 175-10.
E. Any person who receives a Notice of Violation under the provisions of
this chapter may appeal the issuance of such Notice of Violation and the imposition of the fine or
fee in writing to the Administrator, who shall have the authority to waive the fine or fee as
provided in Section 175-11.
175-10. PENALTIES
A. Any person violating any provision of this chapter shall be subject to the
following fines or fees:
Violation
First Violation
Second Violation
Third Violation
Fourth Violation
Fifth and Greater Violation
Fines
Written Warning
$ 50.00
$100.00
$250.00
$500.00
B. 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. Following the expiration of the appeal period as set forth in
Section 175-11 below (or following the disposition of an appeal if a timely appeal is filed with
the Administrator and such appeal is denied), 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 S 173-4 of the City Code.
C. The Administrator is hereby authorized to waive any monetary fine if the
violator agrees to attend a City-sponsored water conservation event, take a self study
courselprogram approved by the Administrator (verification required), attend a water
conservation program approved by the Administrator and/or attend or participate in another
water conservation education opportunity approved by the Administrator. Any violator who
agrees to the foregoing in order to obtain the waiver of a fine must submit acceptable
documentation of compliance to the Administrator within ninety (90) days from the date of the
Notice of Violation. In the event acceptable documentation is not submitted within said
timeframe, then the Administrator may reinstate the fine. This provision shall not be continually
extended to chronic andlor patterned violators. The Administrator shall maintain records of any
monetary fines waived pursuant to the foregoing provision.
175-11.
APPEAL OF VIOLATIONS
Ocoee Ordinance Chapter 175 (rev. 1/14/2010)
A. All appeals must be in writing and submitted to the Administrator within
twenty-eight (28) days of the date of the Notice of Violation. All supporting documentation must
accompany the appeal.
B. Appeal of a violation may be granted by the Administrator based on the
following:
I. Damaged Irrigation System: Violations that are directly attributed to
failure of an irrigation system may be overturned following repair of the
system. A repair bill or material ticket is required for the overturning of
the violation on this basis.
2. Situations beyond the Control of the Violator: Violations due to situation
that are beyond the control of the violator may be overturned. Specific
circumstances must be presented in the appeal.
3. Clear evidence is submitted that the water use falls under one of the
exceptions listed in Section 175-5.
C. Appeals shall be reviewed by the Administrator and customer shall be
notified in writing as to disposition of the appeal. No hearings shall be allowed in connection
with the appeal. However, the Administrator may request additional information from the
violator.
D. The decision of the Administrator constitutes final action by the City on
the appeal.
SECTION 4. 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 5. 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 be renumbered or relettered 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 relettered and the
Ocoee Ordinance Chapter 175 (rev. 1/14/2010)
. I
correction of typographical errors which do not affect the intent may be authorized by the City
Manager, without need of public hearing, by filing a corrected or recodified copy of same with
the City Clerk.
SECTION 6. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this _ day of
,2010.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED ,2010
READ FIRST TIME ,2010
READ SECOND TIME AND ADOPTED
,2010
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this _ day of ,2010.
FOLEY & LARDNER LLP
By:
City Attorney
Ocoee Ordinance Chapter 175 (rev. 1/14/2010)
Copy of Public Hearing Advertisement-
Date Published
Sunday, June 6, 2010 'Orlando Sentinel I OraDje Extra., J3
Advertisement
CITY OF OCOEE . PUBLIC HEARING
A Public H..ring before the Oc~.. City Com:
mission will be held Tuesday ,June 15,
2010, at 7:15 p.m. or as soon Ihereafler
os may be heard; in Ihe Commission
Chambers of Cily Hall 01 150 Norlh
Lakeshore Drive; Ocoee, Florida, 10
. cons ider the following:
.;.
OF OCOEE FLORI.
IMPLEMENTATION
TION RULE FOR
Sf. JOHNS
1~~'~~ ~~E
AGE MEAS-
R 175 EN-
LANO.
T PUR..
O;'!Y
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If a person decides to appeal 'any deci-
sion made bY the above City Commis.
sion with respect to any maHer consid-
ered at such hearing, they will need c
record of the proceedings. and for such.
purpose they may need to ensure that 0
verbatim record of the proceedings is
made, which record includes the testi-
mony and evidence upon which the ap-
peal Is 10. be based,
. ,", - ~
All inleresled parlles .are invlled to 01-
tend and be heard with respecl 10 Ihe
above. In accordance with the Ameri-
cans with Disabilities Act, persons
needing a special accommodation or an
inlerpreler 10 parllclpale In Ihis pro-
ceeding should conlacI the Citv Clerk's
office al 407-905-3105 al leasl 48 hours
prior to the dale of hearing.
Beth Eikenberry
Citv Clerk
OLS10nJ48 616flOlO
. .