City of South Pasadena, FL
Pinellas County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Commission of the City of South Pasadena: Art. I, 8-21-1990 as Ord. No. 90-16; Art. II, 11-12-1991 as Ord. No. 91-12. Amendments noted where applicable.]
GENERAL REFERENCES
Housing standards — See Ch. 115.
Land development regulations — See Ch. 130.
Sewers — See Ch. 169.
Streets and sidewalks — See Ch. 176.
Watercraft and waterways — See Ch. 193.
[Adopted 8-21-1990 as Ord. No. 90-16]

§ 192-1 Definitions and word usage.

A. 
When consistent with the context, words used in the present include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" is always mandatory and not merely directory.
B. 
As used in this Article, the following terms shall have the meanings indicated:
DISTRICT
The Southwest Florida Water Management District.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
WATER RESOURCE
Any and all water on or beneath the surface of the ground, including natural or artificial watercourses, lakes, ponds or diffused surface water, and water percolating, standing or flowing beneath the surface of the ground.
WATER SHORTAGE CONDITION
A condition 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 condition" usually occurs due to drought.
WATER SHORTAGE PLAN
Chapter 40D-21, Florida Administrative Code, the codification of the Water Shortage Plan adopted and published by the Southwest Florida Water Management District, or any modification or derivative of Chapter 40D-21 which may be current at the time a water shortage or water shortage emergency is declared.

§ 192-2 Applicability.

The provisions of this Article shall apply to all persons using the water resource, whether from public or privately owned water utility system, private wells or private connections with surface water bodies. This Article shall not apply to persons using treated effluent or saltwater.

§ 192-3 Declaration of water shortage or water shortage emergency.

The declaration of a water shortage or water shortage emergency affecting all or any part of the City of South Pasadena by the governing board or the Executive Director of the District shall invoke the provisions of this Article. Upon such declaration, all water use restrictions or other measures imposed by the District pursuant to Chapter 40D-21, Florida Administrative Code, applicable to the City of South Pasadena or any portion thereof, shall be subject to enforcement action pursuant to § 192-4 of this Article. Any violation of the provisions of Chapter 40D-21 or any order issued pursuant thereto shall be a violation of this Article.

§ 192-4 Enforcement.

Every sheriff's deputy representing the City of South Pasadena in their service areas governed by this Article shall, in connection with all other duties imposed by law, diligently enforce the provisions of this Article. In addition, the City of South Pasadena may also delegate enforcement responsibility for this Article to agencies and departments of local government in the service areas governed by this Article in accordance with state and local law.

§ 192-5 Penalties for offenses.

A. 
Violations of the provisions contained herein shall constitute a civil offense and violators will be subject to the following penalties:
(1) 
First violation: a fine of twenty-five dollars ($25.).
(2) 
Second and subsequent violations: a fine as set forth in Chapter 1, General Provisions, Article II, of this Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
B. 
Each day in violation of this Article shall constitute a separate offense. In the initial stages of a water shortage, law enforcement officials may attempt to provide violators with no more than one (1) written warning.

§ 192-6 Water service conditioned upon acceptance of provisions.

No water service shall be furnished to any person or utility unless such person or utility agrees to accept all the provisions of this Article. The acceptance of water service or the withdrawal of water from a private source shall be, in itself, the acceptance of the provisions contained herein.[1]
[1]
Editor's Note: Original Section 9.0, Inclusion in Code, which immediately followed this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 192-7 Certification and filing with District; when effective; initiation of action.

This Article shall be immediately certified by the City Clerk to the Department of State and shall take effect upon receipt of official acknowledgment from that office that it has been filed (or, if adopted as an emergency enactment, upon its mailing by special delivery and registered mail to the Department of State). The District routinely monitors hydrologic conditions for potential water shortage situations. Regional droughts will be identified through this process. The District is the appropriate agency for determining the need for water shortage restrictions on regional basis. However, city and county governments may need to monitor hydrologic conditions on a more local basis so that local water shortage actions can be initiated in response to either regional or local conditions.
[Adopted 11-12-1991 as Ord. No. 91-12]

§ 192-8 Definitions.

As used in this Article, the following terms shall have the meanings indicated:
BILLING
The charge made for reclaimed water service. The charge may be included on the City of St. Petersburg water system bill or billed directly by the City of South Pasadena.
CITY
The City of South Pasadena, Florida.
[Added 4-28-1992 by Ord. No. 92-09]
CLERK
The City Clerk of the City of South Pasadena, Florida.
CROSS-CONNECTION
Any physical connection or arrangement which could allow the movement of fluids between the potable water system and any other piping system, such as the reclaimed water system.
DEPARTMENT
The City of South Pasadena Public Works Department.
DIRECTOR OF PUBLIC WORKS or DIRECTOR
The individual responsible for the technical and operational activities of the Public Works Department of the City of South Pasadena, Florida.
DISCONTINUATION OF SERVICE
Cessation of a service or an appropriate method to ensure that no service can be received.
DISTRIBUTION MAINS
Those conduits used to supply reclaimed water to service lines from transmission lines.
DUAL CHECK DEVICE
A backflow prevention device composed of two (2) single, independently active check valves.
MASTER CONTROL VALVE
The manually operated valve which controls total reclaimed water flow to the customer's property.
METER
A flow-measuring device to monitor the total reclaimed water flow to the customer's property.
PERVIOUS AREA
Those upland areas not covered by buildings, sidewalks, driveways, pools, tennis courts and other surface material that do not allow water to percolate into the soil.
PVC PIPE
Polyvinyl chloride pipe, AWWA C900, one hundred fifty (150) pounds per square inch class.
RECLAIMED WATER
Water that has received at least secondary treatment with high-level disinfection and is reused after flowing out of a wastewater treatment facility.
REUSE
The deliberate application of reclaimed water in compliance with Florida Department of Environmental Regulation and District rules, for a beneficial purpose.
SERVICE CHARGES
Those charges which will be made on a monthly, bimonthly or quarterly basis and are subject to change as approved by the City of South Pasadena.
SERVICE LINE
That conduit for reclaimed water from the distribution main to the property line.
TRUNK MAINS
Those conduits used to supply reclaimed water from the pumping station to the distribution mains.
USER
A person or other entity that receives reclaimed water.
[Amended 4-28-1992 by Ord. No. 92-09]

§ 192-9 Statement of intent.

It is the intent of the city to maximize the reuse of nonpotable water within the City of South Pasadena in accordance with all environmental regulations. It is the intent of the city to establish a reclaimed water grid system in a manner which benefits the community.

§ 192-10 Service area.

[Amended 4-28-1992 by Ord. No. 92-09]
Reclaimed water service shall be provided for properties located within the incorporated areas of the city which comply with the provisions for such service as set forth in this Article.

§ 192-11 Properties outside service area.

A. 
Reclaimed water service may be provided to properties located outside of the incorporated area through interlocal agreement.
B. 
All applications for service outside the Department's service area shall be reviewed by the Director, who shall approve such service only if any adequate supply of treated wastewater is and will be available to meet all the anticipated needs in the city and an interlocal agreement is in effect with the proper authority. The Director shall review and technically approve all service line sizes and all other necessary design components. Final approval must be obtained from the City Commission.

§ 192-12 Public easement requirements.

No facility will be installed under the provisions outlined herein and accepted by the city for maintenance unless it is in a dedicated public right-of-way or dedicated public easement. Any new easement shall be adequately sized as approved by the Director to accommodate construction and maintenance of any reclaimed system component. No obstruction of whatever kind shall be planted, built or otherwise created within the limits of the easement or right-of-way without written permission of the Director.

§ 192-13 Ownership of facilities.

All reclaimed water facilities and appurtenances within dedicated public easements, when constructed or accepted by the city, shall become and remain the property of the city. No person shall, by payment of any charges provided herein or by causing any construction of facilities accepted by the city, acquire any interest or right in any of these facilities or any portion thereof other than the privilege of having their property connected thereto for reclaimed water service in accordance with this Article and any amendments thereto.

§ 192-14 Identification of pipes and other devices.

All pipes and above-ground cross-connection control devices accepted into existing systems shall be adequately identified by the color brown as follows:
A. 
By pigmentation added during the manufacture of the pipe; or
B. 
By adhesive-backed tape, two (2) inches wide, applied continuously at 10 o'clock, 12 o'clock and 2 o'clock positions as viewing the cross-section of the pipe.

§ 192-15 Right of city to refuse service.

The city shall have the right, at all times, to refuse to extend service on the basis of a use detrimental to the system, inadequate supply of reclaimed water, lack of payment of required service charge or for any other reason which, in the judgment of the Director, will cause the extension not to be to the benefit of the city.

§ 192-16 Maintenance of facilities by city.

The city shall make a reasonable effort to inspect and keep its facilities in good repair but assumes no liability for any damage caused by the system that is beyond the control of normal maintenance or due to situations not previously reported to the Department. This shall include damage due to breaking of pipes, poor quality of water caused by unauthorized or illegal entry of foreign material into the system, faulty operation of fire protection facilities or other reasons.

§ 192-17 Maintenance of facilities by customer.

[Amended 4-28-1992 by Ord. No. 92-09]
The property owner and/or customer shall be responsible for the maintenance of all reclaimed water facilities and appurtenances on the property served by the city. The city reserves the right to disconnect the service to any property that does not properly maintain the system.

§ 192-18 Discontinuation of service by city.

[Amended 4-28-1992 by Ord. No. 92-09]
The city shall disconnect reclaimed water service to any user due to tampering with any service, plumbing cross connections with another water source, nonpayment of bills or for any other reason which is deemed by the Department to be detrimental to the system. The city shall disconnect service until the condition is corrected and all costs due the city are paid. These costs shall include delinquent billings, disconnection and reconnection charges, and payment for any damage caused to the system. At no time during the period of disconnection shall the monthly service charges be abated. Should service be turned on without authorization, the Department shall remove the service and the violator shall be subject to the general penalty for violation of Code provisions.[1] The city shall have the authority to lien the real property of any user for nonpayment, and in the event the nonpayment continues for a period of three (3) months following the recording of the lien, the city shall have the right to foreclose on said lien. Nothing herein shall abridge the rights of owners of rental property as those rights are described in F.S. § 180.135.
[1]
Editor's Note: See Ch. 1, General Provisions, Art. II.

§ 192-19 Interruption of service.

A. 
The city reserves the right to temporarily discontinue service to any portion of, or the entire, reclaimed water system as deemed necessary by the Director.
B. 
The Director shall have the authority to establish schedules to control the use of the water reuse system in order to reduce maximum pressure demands on the system and to regulate usage of reused water to balance with supply and storage availability.

§ 192-20 Monthly service charges.

[Amended 4-28-1992 by Ord. No. 92-09]
Payment for service shall be mandatory for all residential, commercial and municipal properties served by the initial constructed reuse system. Mandatory monthly service charges will be made per the schedule set forth from time to time by resolution of the City Commission, regardless of whether or not the potential user qualifies for connection by having a suitable irrigation system.

§ 192-21 Future connections.

Future connections subsequent to initial system connection will be by application to the Director. A connection fee will be charged based on the actual cost incurred for extension of the distribution system, installation of service lines and connections and installations of backflow prevention devices on the potable water service. Monthly service charges in effect at the time of connection will be applicable.

§ 192-22 Suitable irrigation system required prior to service connection; construction standards.

A. 
Before reclaimed water service is connected, the user must have a suitable irrigation system. The irrigation system to be provided by the user shall consist of an underground system with permanently placed sprinkle devices or below-ground hose bibs contained in a locked valve box. No system with a cross-connection to the potable water system will be considered for connection to the reclaimed water system. Temporary systems shall not be considered for connection. The systems shall not include above-ground faucets or other connections that could permit the reclaimed water to be used for any purpose other than irrigation unless such uses and systems have been approved in writing by the Director.
B. 
All new irrigation systems constructed shall require a permit and shall be constructed in accordance with the specifications and regulations established by the city. The owner shall provide the city with schematic drawing of the irrigation system.

§ 192-23 Meters.

Nonirrigation users and some larger irrigation users may be required to provide an appropriately sized flowmeter at the discretion of the Director. All meters for the reclaimed water system will be installed by the city. An estimate for the installation cost will be prepared by the Director and submitted to the applicant for payment prior to installation. A refund or additional billing will be made after installation to ensure that the applicant pays the actual cost of installation.

§ 192-24 Cross-connection control.

Prior to connecting a user to the reclaimed water system, the public potable water supply shall be protected by installation, at the user's expense, of an approved cross-connection control assembly.

§ 192-25 Chemical injections.

Users wishing to use chemical injection into the reclaimed water system shall be required to install an approved cross-connection control assembly on the reclaimed water service connection.

§ 192-26 Adoption of state provisions.

[Added 4-28-1992 by Ord. No. 92-09]
The construction, maintenance and use of the reclaimed water system shall be in accordance with the provisions of Chapter 17-610 of the Florida Administrative Code. In the event any of the provisions of Chapter 17-610 are more restrictive than the provisions of the Code of the City of South Pasadena, the applicable provisions of F.A.C. 17-610 shall prevail.

§ 192-27 Penalties for offenses. [1]

Any person, firm, corporation or agent who or which violates any of the provisions of this Article or who fails to comply therewith shall be punished as set forth in Chapter 1, General Provisions, Article II, of this Code.
[1]
Editor's Note: Added at time of adoption of Code; see Chapter 1, General Provisions, Art. I.