§ 27-170. Promulgation and enforcement of procedures and regulations.

(a)

The Mayor has the power to promulgate procedures and regulations relative to the reclaimed water system with respect to the following matters:

(1)

Application procedures and requirements.

(2)

Installation requirements including specification of acceptable materials, devices and regulations to help prevent backflow or cross connections with other systems.

(3)

Procedures for enforcement of the ordinances and regulations pertaining to reclaimed water including procedures for inspection of the customer's system.

(4)

Procedures for the orderly expansion of the reclaimed water system.

(5)

Procedures and regulations for the efficient operation of the reclaimed water system.

(b)

Notwithstanding the foregoing, the Mayor may, when necessary for the efficient operation of the reclaimed water system or for the health or safety of the general public or the customer, establish regulations regarding the following matters, which regulations shall become effective at the time of promulgation without the need for City Council approval:

(1)

The time of day or night during which the reclaimed water may be used by customers.

(2)

The maximum rate of use of the reclaimed water.

(c)

The Mayor has the authority to establish additional reclaimed water restrictions limiting outdoor irrigation with reclaimed water to three days per week when necessary for the efficient operation of the reclaimed water system, for a period of time not to exceed 90 days. Such restrictions may be established no more than once every six months. Upon execution of an executive order establishing such restrictions, the use of reclaimed water shall be restricted as follows:

(1)

Irrigation of lawns and landscape with reclaimed water for all customers other than those identified in subsections (c)(2) and (3) of this section shall be permitted only between the hours of 5:00 a.m. to 9:00 a.m. and 7:00 p.m. to 11:00 p.m. and shall be restricted to the following schedule:

Last Digit of Property Address	Watering Days
Even numbers (0, 2, 4, 6, 8)	Tuesdays, Thursdays, and Saturdays
Odd numbers (1, 3, 5, 7, 9)	Mondays, Wednesdays, and Sundays

 

(2)

Golf courses, cemeteries and other athletic or recreational facilities shall use best management practices for irrigation as recommended by the University of Florida's Institute of Food and Agricultural Science (IFAS) and the United States Department of Agriculture Natural Resource Conservation Service (NRCS) and other appropriate science-based information sources for turf grass, landscape and other water use activities that are essential to their operations. Each reclaimed water customer identified in this subsection shall be required to submit to the POD a reclaimed water irrigation plan outlining its best management practices within 30 days of notification by the POD. Failure to submit an irrigation plan to the POD after notification, failure to comply with a reclaimed water irrigation plan submitted to the POD or a failure to comply with best management practices shall be deemed a municipal ordinance violation.

(3)

Irrigation of lawns and landscape with reclaimed water by multifamily residential, education and government facilities, and commercial and industrial reclaimed water customers with reclaimed water service lines two inches or greater in size shall be permitted only between the hours of 5:00 a.m. to 9:00 a.m. and 7:00 p.m. to 11:00 p.m. and shall be restricted to the following schedule:

Multifamily Residential	Mondays, Thursdays, and Saturdays
Education and government facilities	Mondays, Wednesdays, Fridays
Commercial and industrial (C and I)
C and I if located north of Central Avenue	Mondays, Wednesdays, and Fridays
C and I if located south of Central Avenue	Mondays, Thursdays, and Saturdays

 

(4)

By resolution, the City Council may declare additional reclaimed water restrictions or extend, modify or terminate any reclaimed water restrictions established by executive order of the Mayor. In the event the Mayor establishes restrictions on the time of day or night during which the reclaimed water may be used by customers those restrictions shall supercede the hour restrictions contained in this section.

(5)

The Mayor may grant a variance from the terms of this section when such variance will not be contrary to the public interest and where, owing to special conditions, literal enforcement of the provisions of this section would result in a hardship to the applicant. Hardship may include, but is not limited to, physical hardship, irrigation system limitations or the health and safety of the applicant. Such variance shall not be granted by the Mayor unless and until a written application for variance has been submitted to the POD identifying the location of irrigation system timers and rain sensors and demonstrating that:

a.

The variance shall not be in conflict with any other applicable ordinance or State law;

b.

The variance will not adversely affect the reclaimed water supply;

c.

The variance will not violate the general spirit and intent of this section nor be inconsistent with the comprehensive plan;

d.

No area of the property will be irrigated more than three times per week.

(6)

In granting any variance, the Mayor may prescribe appropriate conditions and safeguards to ensure conformance with the criteria listed in subsection (e) of this section. Any violation of conditions or safeguards made a part of the grant of the variance shall be deemed a violation of this division.

(7)

An applicant for a variance may appeal the denial of a variance by requesting a hearing before the City Council. The applicant shall have 15 days from the receipt of notice of the denial of a variance to request a hearing by filing a written request therefor with the City Clerk. The hearing shall occur as soon as reasonably practical but in no event later than 35 days after receipt of the request for the hearing. The hearing shall provide for adequate due process as constitutionally required in any quasi-judicial proceeding. The City Council may uphold the denial of a variance, grant the variance or grant a variance with such terms as it deems necessary to ensure conformance with the criteria listed in this section.

(d)

Irrigation of new lawn and landscape material with reclaimed water shall be permitted for the first 30 days without restriction after planting or installation, regardless of the establishment of additional restrictions.

(e)

No person shall construct, operate, maintain or allow to remain present on property owned or controlled by him, any device or system which is connected to or which controls a device or system connected to the reclaimed water system and which is not in compliance with all provisions of this Code related to reclaimed water and with all procedures and regulations promulgated pursuant to this section. The person who owns or controls the property upon which such a noncomplying device or system is found shall be liable to the City for the amount by which the costs associated with the securing and/or removal of the noncomplying device or system exceeds the cost of a normal discontinuance of service. These excess costs shall constitute a lien against the property upon which the noncomplying device or system is located.

(f)

Any customer whose reclaimed water system is in violation of any City ordinance, regulation, procedure or permit shall be subject to immediate discontinuance of reclaimed water service as provided in section 27-171. Such discontinuance of service shall not relieve any person of liability for civil actions or for criminal or municipal ordinance violation prosecution.

(Code 1973, § 28-27.1; Code 1992, § 27-146; Ord. No. 201-G, §§ 1, 2, 8-3-1995; Ord. No. 471-G, § 1, 4-5-2001; Ord. No. 576-G, § 1, 2-20-2003)