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Home My WebLink AboutDocumentation_Regular_Tab 16_02/14/2008.r. ;' ,a V,, 1 VILLAGE COUNCIL MEETING: VILLAGE OF TEQUESTA AGENDA ITEM TRANSMITTAL FORM eting Date: January 28, 2008 Meeting Type: Special Council Meeting Ordinance #: 3-08. Consent Agenda: No Resolution #: Click here to enter text. Originating Department: Administration 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) 3. BUDGET /FINANCIAL IMPACT: Account #: ~~ -- ~ ..: Amount of this item: -_. ~ ... Current Budgeted Amount Available: Amount Remaining after item: udget Transfer Required: Appropriate Fund Balance: 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) Amending Chapter 74 to provide for rules and regulations governing water resources of the village during periods of water shortage in conformance with the regulations promulgated by the South Florida Water Management District. 5 APPROVALS: Dept. Head: Attorney: (for legal sufficiency) Finance Director: Village Manager: ~.~~=-~`~~~~ ~ ' SUBMIT FOR COUNCIL DISCUSSION: APPROVE ITEM: ~' Yes ~ No ^ DENY ITEM: ^ • MEMORANDUM Village of Tequesta Administration TO: Village Council FROM: Michael Couzzo, Village Manager ._~~_~ -.- _.. __,,.i DATE: January 22, 2008 SUBJECT: Ordinance No. 3-08 -First Reading To Amend Chapter 74.Utiliites. At Article II. Water Service. At Division 3 Attached for your review and consideration is Ordinance 3-08 (First Reading). It is requested that Ordinance 3-08 Chapter 74. Utilities. At Article II. Water Service. At • Division 3 be repealed in its entirety and readopted with an entirely new Division 3 entitled "Water Conservation and Regulation" which will provide for rules and regulations governing water resources of the Village during period of water shortage in conformance with the regulations set forth by the South Florida Water Management District in furtherance of its water shortage plan. I respectfully request that Council approve Ordinance No. 3-08. ORDINANCE NO. 3-08 • AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 74. UTILITIES. AT ARTICLE II. WATER SERVICE. AT DIVISION 3. CONSERVATION OF WATER IN EMERGENCY SITUATIONS. BY REPEALING DIVISION 3. IN ITS ENTIRETY ALONG WITH ITS TITLE AND READOPTING AN ENTIRELY NEW DIVISION 3. TO BE ENTITLED "WATER CONSERVATION AND REGULATION" TO PROVIDE FOR RULES AND REGULATIONS GOVERNING WATER RESOURCES OF THE VILLAGE DURING PERIODS OF WATER SHORTAGE IN CONFORMANCE WITH THE REGULATIONS PROMULGATED BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN FURTHERANCE OF ITS WATER SHORTAGE PLAN; PROVIDING, IN PART, FOR DEFINITIONS, APPLICABILITY, REFERENCE TO DISTRICT RULES, ENFORCEMENT DURING DECLARED WATER SHORTAGE EMERGENCY, AND PENALTIES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-SECTION OF CHAPTER 74. UTILITIES. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. • WHEREAS, the Village Council desires to adopt water conservation regulations in order to regulate water resources within the Village during periods of water shortage when such shortage has been declared by the Village or South Florida Water Management District ("District"); and WHEREAS, District representatives are encouraging local governments to adopt such regulations into their code of ordinances, if they have not done so already, so that enforcement of water conservation rules may be accomplished more effectively and uniformly at the local level through code enforcement procedures currently authorized and in operation; and WHEREAS, the Village Council believes this ordinance to be in the best interests of the Village of Tequesta. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: Chapter 74. Utilities. of the Code of Ordinances of the Village of • -1- Tequesta is hereby amended at Article II. Water Service. by repealing in its entirety • Division 3.Conservation of Water in Emergency Situations. along with its title and readopting an entirely new Division 3. which shall be entitled "Water Conservation and Regulation"; providing that the entirely new Division 3. at Article II. shall hereafter read as follows: DIVISION 3. WATER CONSERVATION AND REGULATION Sec. 74-101. Intent and purpose. It is the intent and purpose of this division to protect the water resources of the Village of Tequesta from the harmful effects of over utilization during periods of water shortage and to allocate available water supplies by assisting the South Florida Water Management District in the implementation of its water shortage plan. Sec. 74-102. Definitions. For the purpose of this division the following terms phrases, words and their derivatives shall have the meaninq_ given herein. When not inconsistent with the context, words used in the present tense also include the future words used in the singular also include the plural. The word "shall" is always mandatory and not merely directory. • District is the South Florida Water Management District. Person is anyperson firm partnership association corporation company or organization of any kind. The Village is the Village of Tequesta. Water resources mean any and all water on or beneath the surface of the ground, including natural or artificial water courses lakes, ponds, or diffused surface water, and water percolating standing or flowing beneath the surface of the ground. Water shortage condition is when sufficient water is not available to meet present or anticipated needs of persons using the water resource or when conditions are such as to require temporary reduction in total water usage within a particular area to protect the water resource from serious harm. A water shortage usually occurs due to drought. Water shortage emerc,~ency means that situation when the powers which can be exercised under part II. Declaring and Implementing Water Shortage. of Chapter 40E-21, Florida Administrative Code are not sufficient to protect the public health, safety, or welfare, or the health of animals fish or aquatic life or a public water supply, or commercial, industrial, agricultural recreational or other reasonable uses of the water supply. Sec. 74-103. Application of division provisions. The provisions of this division shall apply to all persons using the water resource within the geographical areas subject to the "water shortage" or "water shortage emergency, " as determined by the District or by the Village pursuant to Secs.74-105. or 74-109., whether • from public or privately owned water utility systems private wells or private connections • with surface water bodies This division shall not apply to persons usinq saltwater or to persons usinq one hundred percent (100%) reclaimed water. Sec 74-104. Water shortage plan and amendments adopted. Chapter 40E-21 Water Shortage Plan Florida Administrative Code, as same may be amended from time to time is incorporated herein by reference as part of the Village's Code of Ordinances. Sec 74-105 Declaration of water shortage; water shortage emergency. The declaration of water shortage or water shortage emergency within all or any part of the Village by the governing board or the executive director of the District shall invoke the provisions of this division Upon such declaration all water use restrictions or other measures adopted by the District applicable to the Village or any portion thereof, shall be subject to enforcement action pursuant to this division. Any violation of the provisions of Chapter 40E-21 Florida Administrative Code or any order issued pursuant thereto, shall be a violation of this division In addition prior to any determination or declaration by the District the Village may determine that it has become seriously affected by any such shortage of water and the Village Council may declare an emergency situation and implement the provisions of this division. • Sec. 74-106. Enforcement. Every Village police officer shall in connection with all other duties imposed by law, diligently enforce the provisions of this division. In addition the Village Manager may also delegate enforcement responsibility for this division to departments or divisions of the Village including but not limited to the code enforcement division, other municipal employees or District employees in the service areas governed by this division, in accordance with state and local law. Sec. 74-107. Penalties. Violation of any provision of this division shall be subject to the following penalties: 1) First violation-written warning. 21 Second violation- a fine of thirty dollars ($30.00) to be paid within 10 days.. (3) Third violation- a fine of one hundred dollars ($100.00) to be paid within 10 days. (41 Fourth and subsequent violations- a fine of two hundred dollars ($200.00) to be paid within 10 days. • (5) ApplicabilitV~ other remedies -Each day in violation of this division shall constitute a separate offense The Village in addition to the civil sanctions contained herein, may take any other appropriate legal action including but not limited to emergency injunctive action to enforce the provisions of this division. • Sec 74-108 Acceptance of regulations by persons using water services. No water service shall be furnished to any person by a public or private utility unless such Berson agrees to accept all the provisions of this division. The acceptance of water service shall be in itself the acceptance of the provisions thereof. Sec. 74-109. Additional declarations of emergencv. In the event of a facility failure or circumstance outside the immediate jurisdiction of the South Florida Water Management District which would necessitate curtailment of water production or other emergency related to the provision of water service the Village Manager or his designee may declare the existence of a water shortage condition or emergencv which shall activate the provisions of this division. Secs. 74-110.- 74-140. Reserved. Section 2: All Ordinances or parts of Ordinances in conflict be and the same are hereby repealed. Section 3: Should any Section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 4: Specific authority is hereby granted to codify this Ordinance. Section 5: This Ordinance shall become effective immediately upon passage. Upon First Reading this Ordinance was offered by The motion was seconded by a vote, the vote was as follows: day of 2008, the foregoing who moved its adoption. ,and upon being put to • , • Mayor Jim Humpage Vice-Mayor Pat Watkins Council Member Dan Amero Council Member Tom Paterno Council Member Calvin Turnquest Upon Second Reading this Ordinance was offered by The motion was seconded by _ a vote, the vote was as follows: For Adoption Against Adoption day of , 2008, the foregoing who moved its adoption. ,and upon being put to For Adoption Against Adoption Mayor Jim Humpage Vice-Mayor Pat Watkins Council Member Dan Amero Council Member Tom Paterno Council Member Calvin Turnquest The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 2008. MAYOR OF TEQUESTA Jim Humpage ATTEST: Lori McWilliams, CMC Village Clerk •