HomeMy WebLinkAboutOrdinance 2004-08
ORDINANCE NO. 2004-08
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING ARTICLE I OF CHAPTER 173 OF THE
CODE OF ORDINANCES OF THE CITY OF OCOEE
RELATING TO WATER AND SEWERS; ADOPTING A
NEW SECTION 173-5 TO ESTABLISH ADJUSTMENTS TO
CHARGES AND BILLINGS OF WATER AND SEWER
SERVICE; PROVIDING FOR ADJUSTMENTS TO
BILLINGS OF WATER AND SEWER SERVICE FOR
FILLING OF NEWLY CONSTRUCTED, RESEALED OR
RECOATED SWIMMING POOLS; PROVIDING FOR
ADJUSTMENTS TO BILLINGS OF WATER AND SEWER
SERVICE FOR PLUMBING LEAKS; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, 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
WHEREAS, the City Commission of the City of Ocoee desires to adopt a new
Section 175-5 of Article I of Chapter 173 of the Code of Ordinances of the City of Ocoee,
Florida in order to provide for adjustments to charges and billings for water and sewer service;
and
WHEREAS, the City Commission of the City of Ocoee desires to provide for
adjustments to water and sewer charges and billings for the filling of newly constructed,
resealed or recoated swimming pools; and
WHEREAS, the City Commission of the City of Ocoee desires to provide for
adjustments to water and sewer charges and billings for plumbing leaks.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION
OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
ORDINANCE NO
SECTION 1. 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.
SECTION 2. Section 173-5 of the Code of Ordinances is hereby adopted to
read as follows:
~ 173-5. Adjustments to Charges and Billings.
A customer shall be entitled to an adjustment of their monthly water and/or sewer bill,
as applicable, under the following circumstances:
(1) Newly Constructed, Resealed or Recoated Swimming Pools.
(i) Subject to compliance with requirements of this Section 173-5(1), the volume
of potable water used to fill a newly constructed, resealed or recoated swimming
pool, up to the volume gallon amount specified on the letter referenced in
Se<;:tion 173-5(1)(iv) below, shall be deducted from the overall water volume
usage amount and overall sewer volume usage amount indicated on the
customer's monthly utility bill. The charges and rates specified in Section 173-4
shall apply to the resulting water and sewer volume usage amount.
(ii) The customer shall be charged for water at a rate of $1.05 per 1000 gallons
for each gallon of water deducted from the customer's monthly utility bill
pursuant to Section 173-5(1)(i) above. The customer shall not be charged for
sewer service for the sewer volume usage amount deducted from the customer's
monthly utility bill pursuant to Section 173-5(1)(i) above.
(iii) The adjustment provided in Section 173-5(1)(i) and (ii) above shall be
applicable only if the customer, or contractor of the customer, obtains a permit
to construct, reseal or recoat that customer's swimming pool from the Ocoee
Building Department prior to the filling of such swimming pool.
(iv) Any customer desiring an adjustment to their monthly utility bill provided in
Section 173-5(i) and (ii) above shall present the utility bill to be adjusted to the
Ocoee Customer Service Department, along with a copy of the permit issued by
the Ocoee Building Department, as referenced in Section 173-5(1)(ii) above, and
shall present a letter from the contractor or person obtaining the permit stating
the volume of the swimming pool filled. No adjustment shall be made if the
customer fails to present any of the documents referenced herein within three (3)
months from the date of the utility bill for which the adjustment is requested.
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(2) Plumbing Leaks.
(i) Subject to compliance with requirements of this Section 173-5(2), the volume
of potable water used due to leakage shall be deducted from the overall water
volume usage amount and overall sewer volume usage amount indicated on the
customer's monthly utility bill. The charges and rates specified in Section 173-4
shall apply to the resulting water and sewer volume usage amount.
(ii) The customer shall be charged for water at a rate of $1.05 per 1000 gallons
for each gallon of water deducted from the customer's monthly utility bill
pursuant to Section 173-5(2)(i) above. The customer shall not be charged for
sewer service for the sewer volume usage amount deducted from the customer's
monthly utility bill pursuant to Section 173-5(2)(i) above.
(iii) The adjustment provided in Section 173-5(2)(i) and (ii) above shall be
applicable only if a plumbing leak increases the overall water volume usage
amount by 100% or more over the average of the overall water volume usage
amount indicated on the customer's monthly utility bill for the twelve (12)
months immediately prior to the utility bill presented for adjustment.
(iv) Any customer desiring an adjustment to their monthly utility bill provided in
Section 173-5(2)(i) and (ii) above shall present the utility bill to be adjusted to
the Ocoee Customer Service Department, along with documentation and/or
information evidencing that the increase in the overall water volume usage
amount was due to a plumbing leak.
(v) A customer shall be entitled to adjustments on a maximum of two (2)
consecutive monthly utility bills for each plumbing leak. Notwithstanding the
foregoing, a customer shall be entitled to adjustments for a maximum of two (2)
separate plumbing leaks within a twelve (12) month period.
(vi) No adjustment shall be made if the customer fails to present any of the
documents referenced herein within three (3) months from the date of the utility
bill for which the adjustment is requested.
(vii) No adjustment shall be made in the event the City advises a customer of a
potential plumbing leak and that customer fails to timely repair the plumbing
leak.
SECTION 3. 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-Iettered
and the word "ordinance" may be changed to "chapter," "section," "article," or such other
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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 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. Effective Date. This Ordinance shall become effective
retroactive to May 1, 2004, upon passage and adoption.
PASSED AND ADOPTED this y1 day of fi.tktt
APPROVED:
,2004.
ATTEST:
CITY OF OCOEE, FLORIDA
I
;
~
(SEAL)
ADVERTISED April 22, 2004
READ FIRST TIME March 16, 2004
READ SECOND TIME April 6, 2004
READ THIRD TIME AND
M~ <.{ ,2004
UNDE AGENDA ITEM NO. VI. II
ADOPTED
BY THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM
AND ~~GALITY M
this ~ day of (J...7 ~ 2004. -JJ-..I)
:~L1?~U'!~
City Attorney
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