Item #07 Second Reading of an Ordinance to Amend Chapter 175 of the Code of Ordinances Regarding "Water Conservation for Landscape Irrigation, Irrigation System Design and Installation Standards, and Efficient Plumbing RequirementsNV %/dtorl
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AGENDA ITEM COVER SHEET
Meeting Date: June 17, 2014
Item #
Contact Name:
Contact Number
Reviewed By
Charles K. Smith, P.E. Department Director: Charles K. Sm
407 - 905 -3159
City Manager
Robert Frank
Subject: Second Reading of an Ordinance to Amend Chapter 175 of the COd6 15f Ordinances,
Regarding "Water Conservation for Landscape Irrigation, Irrigation System Design and
Installation Standards, and Efficient Plumbing Requireme
Background Summary:
In early 2012, the City of Ocoee adopted Ordinance 2012 -003, which repealed and replaced Chapter
175 of the Code of Ordinances. The new Chapter 175 is entitled Water Conservation for Landscape
Irrigation Irrigation System Design and Installation Standards and Efficient Plumbing Requirements
The adoption of this Ordinance satisfied requirements and conditions of the City's SJRWMD
Consumptive Use Permit, and the District accepted it.
One circumstance the present Ordinance 2012 -003 does not take into consideration is that some
customers do not hook up to reclaimed water when it becomes available to their property; instead
continuing to utilize potable water for irrigation. This new Ordinance being presented includes a
provision stating that where reclaim is available, within forty five (45) days from the date when
reclaimed water becomes available, or within forty five (45) days from the adoption of said Ordinance,
all irrigation must utilize reclaimed water; and irrigation using potable water will become prohibited.
The Ordinance also provides that violations of this amended section are subject to the penalties
provided in Section 175 -12.
Additionally, the Ordinance provides a new definition, entitled Unattended Broadcast Irrigation which
is defined as "the irrigation of landscape utilizing any method other than an irrigation system or a
hand -held hose equipped with a shut -off nozzle ".
Issue:
Should City Commission update the City's Code of Ordinances by adoption of an Ordinance
amending Chapter 175 of the Code of Ordinances, Water Conservation for Landscape Irrigation,
Irrigation System Design and Installation Standards and Efficient Plumbing Requirements
Recommendations
Motion for Mayor and City Commissioners to adopt new Ordinance Amending Section 175 -3
"Definitions," Section 175 -8 "Additional Requirements for Automatic Irrigation Systems" a
"Amending Section 175 -12 "Penalties Providing for SeverabilitV� Providing for Codifications;
Providing an Effective Date
Attachments:
• Proposed Ordinance 2014 -10 Amending Section 175 -3 "Definitions," Section 175 -8 "Additional
Requirements for Automatic Irrigation Systems" and "Amending Section 175 -12 "Penalties ";
Providing for Severability; Providing for Codifications; Providing an Effective Date
• Exhibit A, which details the proposed changes to Chapter 175
• Amended Chapter 175, including proposed changes
Financial Impact:
There is no direct financial impact to the City, but will minimally utilize current staffing resources.
Type of Item: (please mark with an 'V)
X Public Hearing
For Clerk's Dept Use:
Ordinance First Reading
Consent Agenda
X Ordinance Second Reading
Public Hearing
Resolution
Regular Agenda
Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by Q
N/A
N/A
N/A
2
ORDINANCE NO. 2014-10
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
RELATED TO AMENDMENTS TO CHAPTER 175, OF THE
CODE OF ORDINANCES; AMENDING SECTION 175 -3
"DEFINITIONS," SECTION 175 -8 "ADDITIONAL
REQUIREMENTS FOR AUTOMATIC IRRIGATION
SYSTEMS" AND AMENDING SECTION 175 -12
"PENALTIES "; PROVIDING FOR AUTHORITY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida has a limited supply of potable water, and the use of
reclaimed water for irrigation offsets groundwater withdrawal demand; and
WHEREAS, the City of Ocoee is continually expanding its reclaimed water system for
irrigation to mitigate those demands; and
WHEREAS, the City Commission of the City of Ocoee desires to amend Chapter 175 of
the Code of Ordinances to prohibit the use of potable water for irrigation where reclaimed water is
available; and
WHEREAS, the City Commission of the City of Ocoee hereby finds and declares that the
amendment 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. 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, Chapter 166, Florida Statutes, and Rule 40C- 2.042, Florida Administrative Code.
SECTION 2. Amendments to Sections 175 -3, 175 -8 and 175 -12 Section 175-
3. Definitions, Section 175 -8. Additional Requirements for Automatic Irrigation Systems and
Section 175 -12. Penalties are hereby amended as follows:
Ocoee Ordinance Amending Chapter 175 (rev. 5/1/2014)
See Exhibit "A" attached hereto and by this reference made a part hereof.
SECTION 3. 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 4. 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- lettered and the
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 re- codified copy of same with
the City Clerk.
SECTION 5. Effective Date This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of 1 2014.
Ocoee Ordinance Amending Chapter 175 (rev. 5/1/2014)
APPROVED:
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this day of _, 2014.
SHUFFIELD, LOWMAN & WILSON, P.A.
City Attorney
CITY OF OCOEE, FLORIDA
S. Scott Vandergrifi, Mayor
ADVERTISED , 2014
READ FIRST TIME , 2014
READ SECOND TIME AND ADOPTED
, 2011
UNDER AGENDA ITEM NO.
Ocoee Ordinance Amending Chapter 175 (rev. 5/1/2014)
EXHIBIT "A"
Strikethrough text denotes deletions to text originally appearing in the Code and double -
underlined text denotes additions to text originally appearing in the Code.
Section 175 -3. DEFINITIONS, is hereby amended to include the following definition:
UNATTENDED BROADCAST IRRIGATION -- The irrigation of landscape
utilizing any method other than an irrigation system or a hand -held hose equipped with
a shut -off nozzle.
Section 175 -8. ADDITIONAL REQUIREMENT FOR AUTOMATIC IRRIGATION
SYSTEMS, is hereby amended to include the following:
A. All irrigation systems shall be properly maintained so as to minimize the
wasting of water. Improper maintenance of irrigation systems shall include, but not be
limited to, broken heads, valves that do not properly open or close, sprinkler heads
improperly adjusted or obstructed, leaking heads /fittings /piping, and /or malfunctioning
timers.
B. Within forty five (45) days from the adoption date of Ordinance 2014 -10 or
within forty five (45) days from the date when reclaimed water is available, all irrigation
must utilize reclaimed water. The use of potable water for irrigation utilizing an irrigation
system or utilizing unattended broadcast irrigation is prohibited after the foregoing time
periods Violations of this section are subject to the penalties provided in Section 175 -12.
Any exceptions granted in Section 175 -7 are not applicable and do not supersede this
condition.
CHAPTER 175
WATER CONSERVATION FOR LANDSCAPE IRRIGATION, IRRIGATION SYSTEM
DESIGN AND INSTALLATION STANDARDS, AND EFFICIENT PLUMBING
REQUIREMENTS
§ 175 -1. TITLE; AUTHORITY.
A. This chapter shall be known and may be cited as the "Water Conservation for
Landscape Irrigation, Irrigation System Design and Installation Standards, and
Efficient Plumbing Requirements Chapter ".
B. The city has the authority to adopt this chapter pursuant to Article Vill 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 and the installation of
more efficient plumbing fixtures.
§ 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.
ADDRESS -- 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.
ADMINISTRATOR -- The Utilities Director or his designee, or such other person
as may, from time -to -time, be designated by the City Manager.
DISTRICT -- The St. Johns River Water Management District
ENERGY STAR® — For this Chapter, Energy Star is the joint program of the
Ocoee Ordinance Chapter 175 (rev. 5/1/2014)
U.S. Environmental Protection Agency and the U.S. Department of Energy,
which certifies products and practices that protect the environment and lead to
money- saving through energy and water conservation.
IRRIGATION DESIGN PROFESSIONAL -- An irrigation design professional
shall include state - licensed plumbers operating within the limits of the Florida
Building Code, professional engineers or landscape architects licensed by the
State of Florida, and irrigation designers certified by the Irrigation Association or
Florida Irrigation Society.
IRRIGATION SYSTEM — All piping, fittings, appurtenances, valves and emitters
used to convey to and apply water to landscaping and turf.
LANDSCAPE IRRIGATION -- 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, tees, fairways, primary roughs, and
vegetation associated with recreational areas such as playgrounds, football,
baseball, soccer and athletic fields.
NON - RESIDENTIAL LANDSCAPE IRRIGATION -- 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.
PERSON -- Any person, firm, partnership, association, corporation, company, or
organization of any kind.
PSI — Pressure measured in pounds per square inch.
RESIDENTIAL LANDSCAPE IRRIGATION -- 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.
STANDARDS AND SPECIFICATIONS FOR TURF AND LANDSCAPE
IRRIGATION SYSTEMS (hereafter referred to as Irrigation System Standards) —
This refers to the standards and specifications for turf and landscape irrigation
systems contained in the Florida Irrigation Society publication "Standards and
Specifications for Turf and Landscape Irrigation Systems (5` ed.) ", or as
amended thereafter and accepted by Resolution of the City of Ocoee City
Commission. Hereafter referred to as "Irrigation Systems Standards."
UNATTENDED BROADCAST IRRIGATION -- The irrigation of landscape
Ocoee Ordinance Chapter 175 (rev. 5/1/2014)
utilizing any method other than an irrigation system or a hand -held hose equipped
with an automatic shut -off nozzle.
WATERSENSETM -- A U.S. Environmental Protection Agency (EPA) program
for the management of water supplies by working with manufacturers and
retailers to establish efficient plumbing standards, guidelines and certifications.
WATER- WASTING -- The inefficient use of water. Examples are broken
emitters and piping, watering non - landscaped areas that do not sheet flow into
landscape areas, improperly adjusted rotors or emitters leading to over - spraying,
unattended flowing hoses and excessive runoff due to improper application rates.
§ 175 -4 EFFICIENT PLUMBING REQUIREMENTS
All new residential, commercial and institutional construction contractors obtaining
City of Ocoee Building Permits, sixty (60) days after the effective date of this Ordinance, shall
incorporate WaterSenseTM plumbing fixtures and Energy Start appliances into said
construction. In applications where WaterSenseTM plumbing fixtures and Energy Star®
appliances are not available, a written request for an exception must be submitted and approved
by the City. For the exception to be approved, a best alternative water and /or energy
conservative fixture and /or appliance must be identified in the submittal.
§ 175 -5 IRRIGATION SYSTEM DESIGN AND INSTALLATION STANDARDS
A. All new commercial and institutional construction where a new landscape
irrigation system will be installed, or whenever there will be significant (50% or
greater) rehabilitation of an existing landscape irrigation system, the design and
installation of said system, or of a portion of such system, shall be required to be
installed or rehabilitated in a manner consistent with the Irrigation System
Standards.
B. All new or significantly (50% or greater) altered residential construction and /or
residential irrigation systems shall be consistent with the Irrigation System
Standards and consistent with the following additional requirements:
(1) High volume irrigation area(s) shall not exceed sixty percent (60 %) of
total area to be irrigated. Low volume irrigation areas may be utilized in
lieu of any high volume irrigation area.
(2) Irrigation system shall be designed and equipped to operate in the range of
40 to 45 psi at each spray head.
(3) Irrigation system shall be equipped with filter device(s) to ensure emitters
maintain proper cast and coverage.
Ocoee Ordinance Chapter 175 (rev. 5/1/2014)
(4) Turf grass and landscape beds shall be irrigated by distinctly separate
irrigation zones.
(5) Irrigation system shall be designed for maximum uniformity over an
irrigation zone.
(6) Spray heads and rotors shall not be mixed within the same zone.
(7) Rotors and sprays in turf areas shall be spaced to achieve head -to -head
coverage.
(8) No irrigation risers shall be installed.
(9) There shall be a minimum of four (4) inches between distribution
equipment and pavement.
(10) The landscape irrigation system shall be designed so that there is no direct
spray onto buildings, roadways, driveways or other hardscape leading to
water - wasting.
(11) All irrigation systems shall be equipped with irrigation controller(s)
having non - volatile memory or battery backup which retains the irrigation
schedule during and /or after power outages.
C. All irrigation systems must be properly installed and maintained, and must
operate technology such as rain and /or soil moisture sensors which inhibit or
interrupt operation of the irrigation systems during periods of sufficient
moisture.
D. Nothing within this Chapter shall require the installation of an irrigation system.
Requirements for installing irrigation systems are specified in other locations
within the City Code of Ordinances and /or the Land Development Code.
E. All irrigation systems shall be designed by an Irrigation Design Professional
consistent with the Irrigation System Standards and as set forth in this Section
175.
F. A "Letter of Certification of the Design for an Irrigation System" by an
Irrigation Design Professional certifying the design is consistent with the
requirements of Chapter 175 shall be required to obtain a building or irrigation
permit before issuance of said permit.
G. A "Letter of Completion Certifying Compliance with Design for Irrigation
System" by an Irrigation Design Professional consistent with the design shall be
required before issuance of a Certificate of Completion.
H. The effective date of this section shall be incorporated into all new permits
issued sixty (60) days after the effective date of this Ordinance.
§ 175 -6 WATER CONSERVATION MEASURES - SCHEDULING
Ocoee Ordinance Chapter 175 (rev. 5/1/2014)
A. When Daylight Saving 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 3 /4 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 (1) 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
(4) No more than 3 /4 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 which is necessary
to meet landscape needs.
§ 17.5 -7 EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULES
Landscape irrigation shall be subject to the following irrigation schedule exceptions:
A. Irrigation using a micro - spray, micro -jet, drip or bubbler irrigation system is
allowed anytime.
Ocoee Ordinance Chapter 175 (rev. 5/1/2014)
B. 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.
C. Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides,
and herbicides, when required by law, the manufacturer, or best management
practice, is allowed any time of day on any day within 24 hours of application.
Watering in of chemicals shall not exceed ' / 4 inch of water per application except
as otherwise required by law, the manufacturer, or best management practice.
D. 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.
E. Irrigation using a hand -held hose equipped with an automatic shut -off nozzle is
allowed at any time of day on any day.
F. Discharge of water from a water -to -air air - conditioning unit or other water -
dependent cooling system is not limited.
G. 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 may or may not be supplemented from
another source during peak demand periods.
H. 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 source.
§ 175 -8 ADDITIONAL REQUIREMENTS FOR AUTOMATIC IRRIGATION SYSTEMS
A. All irrigation systems shall be properly maintained so as to minimize the wasting
of water. Improper maintenance of irrigation systems shall include but not be
limited to broken heads, valves that do not properly open or close, sprinkler heads
improperly adjusted or obstructed, leaking heads /fittings /piping, and /or
malfunctioning timers.
B. Within forty five (45) days from the adoption date of Ordinance 2014 -10
or within forty five (45) days from the date when reclaimed water is
available, all irrigation must utilize reclaimed water. The use of potable
water for irrigation utilizing an irrigation system or utilizing unattended
broadcast irrigation is prohibited after the foregoing time periods.
Violations of this section are subject to the penalties provided in Section
175 -12. Any exceptions granted in Section 175 -7 are not applicable and
do not supersede this condition.
Ocoee Ordinance Chapter 175 (rev. 5/1/2014)
§ 175 -9 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 Saving Time or more than one day per week during Eastern Standard Time.
§ 175 -10 CITYWIDE APPLICATION OF CHAPTER
The provisions of this Chapter shall apply to all property and each person located within
the corporate limits of the City, including property located within the South Florida Water
Management District.
§ 175 -11 ENFORCEMENT.
A. The Administrator shall oversee the daily administration of the provisions of this
Chapter, including enforcement and the maintenance of records regarding violations
of this 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 any such notice in the monthly water bill issued by the
city. Failure of resident to receive notification shall not excuse the customer from
a violation.
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.
Ocoee Ordinance Chapter 175 (rev. 5/1/2014)
§ 175 -12 PENALTIES
A. Any person violating any provision of this Chapter shall be subject to the
following fines or fees:
Schedule Violation
A violation of any requirements as specified in Chapter
175, excluding mechanical violations.
Occurrence Fines
First Violation
Written Warning
Second Violation
$ 50.00
Third Violation
$100.00
Fourth Violation
$250.00
Fifth and Greater Violation
$500.00
Mechanical Violation
A violation of water - wasting as defined in Section § 175 -3.
Occurence
Per mechanical
failure *
violation
Fines
$25 per daily
observation, beginning
ten (10) days after
initial notification of
observation
*a Multiple incidences of water - wasting which occur by the same
customer, same property and /or by a single irritation system shall be
deemed as separate mechanical violations.
Q. The above fines or fees shall be applicable to both residential and non - residential
water users. Each day such a 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
Ocoee Ordinance Chapter 175 (rev. 5/1/2014)
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 § 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
course /program 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 and /or patterned violators. The Administrator shall maintain
records of any monetary fines waived pursuant to the foregoing provision.
§175 -13 APPEAL OF VIOLATIONS
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:
(1) 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 situations 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.
Ocoee Ordinance Chapter 175 (rev. 5/1/2014)
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Ade evflsement o Ar'H n --
CiIY OF OCOEE - PUBLIC HEARING
A Public Hearing before the Ocoee
City Cormission will be held Tuesdoy.
June 17, 2014, at 7:15 p.m. or as soon
thereafter as may be heard, w -
Commission Chambers of City Hail
at 150 North Lakeshore Drive, Ccoee.
Florida, to consider the following.
AN ORDINANCE OF THE CITY OF=
AMENDMENTS ID
AM TO CHAPTER 175,
OF THE CODE OF ORDINANCES;
AMENDING SECTION 175 -3
"DEFINITIONS," SECTION 175 -8
"ADDITIONAL REQUIREMENTS_
FOR SYSTEMS" I AMENDI NG
SECTION 175 -12 "PENALTIES";
PROV FOR AUTHORITY;
PROVDNG FOR SEVERABILITY;
PROV I DING FOR CODIFICATION:
PROVDING AN EFFECTIVE DATE.
If o person decides to appeal nny
decision made by the above City
Commission with respect to any matter
considered at such hearing, they will
need a record of the proceedings, 0ad
for such purpose they may need to
ensure that a verbatim record of may ,
proceedings is made, which record
includes the testimony and evidence
upon which the appeal Is to be based.
All interested parties are invited to
attend and be heard with respect
to fhe cbove. In accordance with
the Americans with Disobiliti=_
Act, pe rson5 needing a speClai
accomm0 elation or an interpreter io
participate in this Prof eeding shOUICI
contort the City Clerk's office at 407-
905 -3105 of least two days prior to fhe
date of hearing.
Deth E,krrberry
City Clerk
0,1,.11 J7! 06108201 I