HomeMy WebLinkAboutOrdinance 2004-01 Stormwater Management Utility
ORDINANCE NO. 2004-01
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
CHAPTER 19, ARTICLE V, OF THE CITY CODE OF
ORDINANCE, ENTITLED STORMW ATER MANAGEMENT
UTILITY; PROVIDING PURPOSE AND INTENT;
PROVIDING AN AMENDED RATE STRUCTURE;
PROVIDING POWERS AND DUTIES OF THE
ADMINISTRATIVE OFFICIAL; PROVDING PROHIBITED
ACTS; PROVIDING FOR INSPECTIONS, MONITORING,
AND COMPLIANCE; PROVIDING FOR ENFORCEMENT
AND PENALTIES; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under S 2(b), Art. VIII of the
Florida Constitution, to exercise any power for municipal purposes, except when
expressly prohibited by law; and
WHEREAS, the collection of and disposal of storm and surface water are of
benefit and provide services to all property within the City including property not
presently served by the stormwater utility; and
WHEREAS, the cost of operating and maintaining the city stormwater
management utility system and financing necessary repairs, replacements, improvements
and extension thereof should, to the extent practicable, be allocated in relationship to the
user impacts, benefits enjoyed and services received there from; and
WHEREAS, all property within the city demonstrates a hydrologic response to
rainfall events which generates stormwater runoff. The volume, rate, and quality of this
runoff will vary with the soil type, land use conditions, topographic conditions, and other
variables. In particular, the construction of commercial units on previously undeveloped
property will generally increase the volume and rate of stormwater runoff, and adversely
affect its water quality; and
WHEREAS, in accordance with Section 403.0893, Florida Statutes, the City may
establish one or more stormwater utilities and adopt stormwater utility fees sufficient to
plan, construct, operate, and maintain stormwater management systems; and
WHEREAS, the City is a permittee of the National Pollution Discharge
Elimination System ("NPDES"), which regulates the discharge of pollutants into waters
of the United States; and
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Ordinance 2004-01
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WHEREAS, the Utility/Public Works Director and the City's environmental
consultant, upon review of the NPDES permit, City Code, and City procedures, have
recommend that certain changes to the City; and
WHEREAS, the City Commission is aware of the Florida Supreme Court's
recent decision in City of Gainesville v. State, 2003 WL 22052315 (Fla. 2003) and desires
to amend its stormwater utility fee structure to ensure conformance with the Supreme
Courts opinion; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, has
determined it to be in the best interest of the safety, health, and welfare of the citizens of
the City of Winter Springs to provide for the amendment of code relating to Stormwater
Management Utility; and
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are hereby
incorporated herein by this reference as legislative findings of the City Commission.
Section 2. Code Amendment, Chapter 19, Article V. The City of Winter
Springs Code, Chapter 19, Article V, is hereby amended as follows (underlined type
indicates additions and strikeout type indicates deletions, while asterisks (***) indicate a
deletion from the Ordinance of text existing in Chapter 19, Article V. It is intended that
the text in Chapter 19, Article V, denoted by the asterisks and set forth in this Ordinance
shall remain unchanged from the language existing prior to adoption of this Ordinance).
CHAPTER 19 - UTILITIES
* * *
ARTICLE V. STORMW ATER MANAGEMENT UTILITY
Sec. 19-161. Title.
This Article V shall be known and may be cited as the "Stormwater Management
Utility" article and the provisions hereof shall pertain to all lands within the City of
Winter Springs except as is otherwise herein provided.
Sec. 26-161.5. Purpose and intent.
It is the purpose and intent of this Article to establish stormwater management as
a city utility and to establish a program of user charges and fees for stormwater
management services, which charges and fees are to be levied against all developed
property within the city to accomplish the purposes of such utility.
Sec. 19-162. Definitions.
City of Winter Springs
Ordinance 2004-01
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For the purpose of this article, the following definitions shall apply; words used in
the singular shall include the plural, and the plural, the singular; words used in the present
tense shall include the future tense. The word "shall" is mandatory and not discretionary.
The word "may" is permissive. Words not defined herein shall be construed to have the
meaning given by common and ordinary use.
Best Management Practices (BMP's) shall mean schedules of activities, prohibitions of
practices, maintenance procedures, treatment methods and other management practices to
prevent or reduce pollutants from entering the MS4 or being discharged from the MS4.
City shall mean the City of Winter Springs.
Clean Water Act or CWA shall mean Public Law (PL) 92-500, as amended PL95-217,
PL95-576, PL6-483, PL97-117 and 33 U.S.c. 1251 et seq., as amended by the Water
Quality Act of 1987, PL100-4.
Construction activities shall mean the alteration of land during construction and includes
such activities as clearing, grading, and excavation.
Developed property shall mean any parcel which contains impervious area.
Director shall mean the Director of Public
Works of the City of Winter Springs, or the director's designee.
Discharge shall mean the release of liquid, solid or gaseous material and includes, but is
not limited to, a release, spilling, leaking, seeping, pouring, emitting, emptying and/or
dumping of any substance of material.
Dwelling unit shall mean any single residential space identified for habitation by persons
and including permanent provisions for living, sleeping, eating, cooking and sanitation or
as classified by the City Building Code, including, but not limited to: residential rooms or
combination of rooms designed to be occupied on a permanent or long-term basis not
otherwise defined as a hotel or motel; apartment units; condominium units; multi-family
units and prepared mobile home spaces. Multi-unit residential structures or complexes
shall be deemed to consist of multiple dwelling units, regardless of whether or not such
are served by a single water or sewer connection. Boarding houses and rooming houses
as elsewhere defined in this Code shall constitute one (1) equivalent single-family
residential unit.
Equivalent residential unit (ERU) shall mean the statistical average impervious area of
residential developed property per dwelling unit within the city. The numerical value of
one (1) ERU shall be an impervious area that shall be adopted by the city commission in
the rate resolution.
Illicit Connection shall mean source discharges to the City's MS4 or to waters of the
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Ordinance 2004-01
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United States. which are not composed entirely of stormwater and are not authorized by a
permit.
Illicit Discharge shall mean discharge to the City's MS4 or to waters of the United States
which is not composed entirely of stormwater. unless exempted pursuant to this Article.
or the discharge to the City's MS4 or to waters of the United States which is not in
compliance with federal. state or local l'ermits.
Impervious area shall mean land surfaces. natural or man-affected. which do not. or only
minimally. allow the penetration and/or infiltration of water including. but not limited to
roofed and paved areas. areas covered by roofs. roof extensions. slabs. patios. porches.
driveway. sidewalks. parking areas. athletic courts/areas and roadways.
Industrial activities shall mean activities at facilities identified by the United States
Environmental Protection Agency as requiring an NPDES stormwater permit in
accordance with Title 40 Code of the Federal Regulations. Part 122.26 and any
amendment thereto.
Municipal Separate Storm Sewer Svstem or MS4 shall mean a conveyance. storage area
or system of conveyances and storage areas (including. but not limited to. roads with
drainage systems. streets. catch basins. curbs. gutters. ditches. manmade channels. storm
drains. treatment ponds and other structural BMP's) owned or operated by a local
government that discharges to waters of the United States or to other MS4's that is
designed solely for collecting. treating or conveying stormwater and that is not part of
publicly owned treatment works (POTW).
Nonresidential property shall mean developed property that is classified by the property
appraiser as land use types 10 through 99 under the Florida Department of Revenue Land
Use Codes, as may be amended from time to time, and shall be deemed to include, but
not be limited to, dormitories, hospitals, nursing homes, sanitariums, recreational vehicle
spaces, hotels and motels. Any property that contains both residential and nonresidential
facilities shall be treated as the type property that will result in the larger number of
equivalent residential units (ERU's).
Nuisance Species shall mean species of flora or fauna whose noxious characteristics or
presence in sufficient number. biomass. or a real extent may reasonable be expected to
prevent. or unreasonably interfere with. a designated use of those waters.
Person shall mean any individual. partnership. firm. organization. corporation.
association or other legal entity. whether singular or plural. as the context may require.
Point source shall mean any discernible and confined conveyance including. but not
limited to. any pipe. ditch. channel. conduit. well. container. rolling stocks. concentrated
animal feeding operation. vessel or other floating craft from which pollutants are
discharged. This term does not include return flows from irrigated agriculture.
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Pollution shall mean the presence in the outdoor atmosphere or surface waters of any
substances, contaminants, noise, or man-made or man-induced alteration of the chemical,
physical, biological or radiological integrity of air or water in quantities or levels which
are or may be potentially harmful or iniurious to human health or welfare, animal or plant
life, or property, including outdoor recreation. Pollutants shall include, but not limited to,
dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage
sludge, munitions, chemical wastes, biological materials. wrecked or damaged
equipment, rock. sand and industrial, municipal and agriculture waste discharged into the
MS4.
Reclaimed water shall mean water that has received at least advanced secondary
treatment and basic disinfection and is reused after flowing out of a wastewater treatment
facility.
Residential property shall mean any developed property which has the majority use as a
residence and is so classified by the Seminole County property appraiser.
Reuse shall mean the deliberate application of reclaimed water. in compliance with
Florida Department of Environmental Protection and/or St. Johns River Water
Management District rules. for a beneficial purpose.
Runoff shall mean the surface flow of water which results from, and occurs following, a
rainfall event.
Significant construction activities shall mean construction activities which result in the
disturbance of five (5) acres or more of total land area.
Significant re-develovment shall mean the alteration of an existing development which
results in the increase in the discharge of a stormwater facility beyond its previously
designed and constructed capacity, or increased pollution or changed points of discharge.
except emergency repairs.
Spill shall mean illicit discharge.
Stormwater shall mean surface runoff and the discharge of runoff water resulting from
rainfall.
Stormwater management system means the system by which the city manages and
controls stormwater within the city. The system includes management services such as
designing, permitting, planning and reviewing stormwater related infrastructure; and the
operation, maintenance, repair and replacement and improvement of said infrastructure
consistent with the capital improvements and stormwater management elements of the
city's comprehensive plan.
Stormwater management utility fee means a non ad valorem assessment benefiting
developed property parcels.
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Ordinance 2004-01
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Waters of the United States shall mean surface and ground waters as defined by Title 40
Code of the Federal Regulations, Part 122.2, and any amendments thereto.
* * *
Sec. 19-164. Schedule of rates.
(a) The stormwater management utility fee shall be adopted from time to time by ordinance of the City
Commission (the "rate ordinance"), and shall be calculated for each developed
property as follows:
* * *
(b) Undeveloped property. There shall be no stormwater management utility fee
charged to undeveloped property that has not been altered from its natural state
by dredging. filling. removal of trees and vegetation or other activities which have
disturbed or altered the topography or soils on the property.
* * *
Sec. 19-168. Powers. duties and responsibilities of director
The director shall have the power (but is not limited) to:
(1) Administer and enforce this article and any other appropriate stormwater related
codes and regulations, and support regulations in the operation. maintenance.
alteration. repair and replacement of stormwater management systems. facilities
and devices;
(2) Plan and execute stormwater management programs;
(3) Plan. design, acquire right-of-way for. and construct capital proiects as approved
and funded by the city commission;
(4) Research. develop and refine experimental and prototypical stormwater
management systems. facilities. devices and techniques;
(5) Inspect public and private systems so as to assure performance and compliance
with applicable stormwater codes and regulations;
(6) Review drawings, submittals, and site plans. both public and private. for
stormwater management systems, devices. and facilities for adequacy,
sufficiency, and consistency with applicable codes and regulations;
(7) Prepare a master stormwater management plan;
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Ordinance 2004-01
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(8) Charge and collect fees; fines and penalties; maintain billing and collection
systems and records; conduct periodic rate studies so as to maintain an efficient
and equitable rate structure; and ensure a prudent and stable financial base from
which to operate;
(9) Advise the city manager or. consistent with Charter. other appropriate city
officials on matters concerning stormwater management;
(10) Promulgate rules. practices and procedures necessary for efficient and effective
management of the utility; and
(11) Perform acts incidental and/or necessary to the efficient and effective operation of
the utility.
Sec. 19-169 Prohibited acts. 2enerally.
No person. unless expressly authorized in writing by the director shall tamper
with. work on. connect to or in any way alter or damage any part of the city's utility
system. including the potable water. reclaimed water. sanitary sewer and/or stormwater
systems. Tampering or work shall include. but not be limited to. unauthorized operation
of city owned valves. meter tampering. straightlines. unauthorized taps. line ruptures
and/or illegal dumping.
Sec. 19-170 Dischar2es into natural waters and the municipal storm sewer system
(a) Discharge to the City's MS4 shall be controlled to the extent that such discharges
will not impair the operation of the MS4 or contribute to the failure of the MS4 to
meet any local. state or federal requirements. including. but not limited to.
NPDES Permit No. FLS000038. Discharge to the waters of the United States
shall be controlled to the extent that the discharge will be controlled to the
maximum extent practicable as defined in NPDES Permit No. FLS000038
(b) Stormwater discharges to the MS4 from industrial. commercial or construction
activities and from new development or redevelopment proiects are required to
obtain appropriate local. state and/or federal permits prior to discharging the MS4.
(c) Any person determined by the city to be responsible for a discharge contributing
to the failure of the city's MS4 to comply with the provisions and conditions of an
NPDES permit shall be guilty of a violation of this chapter and shall provide
corrective measures as determined necessary by the director. and shall be liable
for fines and damages.
(d) The following non-stormwater discharges will be allowed to enter storm systems
except when water quality standards applicable to all regulatory authorities are
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exceeded, and where the non-stormwater discharges are not identified as a source
of pollutants to waters of the United States:
(1 ) Water Line Flushing;
(2) Landscape Irrigation;
(3) Flushing of reclaimed water lines;
(4) Street Cleaning;
(5) Construction dust control;
(6) Diverted stream flows;
(7) Rising ground waters;
(8) Foundation, footing drains, roof drains;
(9) Swimming pool discharges;
(10) Uncontaminated ground water infiltration (as defined at Title 40 Code of
Federal Regulation, Part 35.205(20));
(11 ) Uncontaminated pumped ground water;
(12) Discharges from potable water sources;
(13) Air conditioning condensate;
(14 ) Irrigation water;
(15) Springs;
(16) Lawn watering;
(17) Sidewalk/building power washing;
(18) Individual residential car washing;
(19) Flows from riparian habitat and wetlands; and/or
(20) Discharges or flow from emergency fire fighting activities and emergency
response activities done in accordance with adopted spill response/action
plan.
(c) It shall be unlawful for any person to drain, deposit, place or otherwise discharge
into any natural water body or stormwater system within the City, or to cause or
permit to be drained, deposited, placed or otherwise discharged into such waters,
any organic or inorganic matter ("polluting matter") which causes or tends to
cause pollution, pursuant to the water quality standards established by the
applicable regulatory agencies. Polluting matter includes, but is not limited, to
the following:
(1) Petroleum products, including, but not limited to oil, gasoline, and grease;
(2) Solid Waste;
(3) Pet Waste;
(4 ) Chemicals;
(5) Paints;
(6) Soaps;
(7) Laundry Waste;
(8) Pesticides, Herbicides or Fertilizers;
(9) Degreasers, Solvents;
(10) Sanitary Sewage;
(11 ) Chemically treated cooling water;
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Ordinance 2004-01
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(12) Antifreeze. and other automotive products:
(13) Lawn clippings. leaves. branches. etc.:
(14 ) Animal Carcasses:
(15) Silt:
(16) Acids or alkalis:
(17) Recreational Vehicle Waters:
(18) Dyes:
(19) Construction materials:
(20) Any groundwater which contains phosphorous or nitrogen concentrations
greater than the surface water into which the groundwater is discharged:
(21 ) Any water which exceeds the state surface water standards:
(22) Toxic or poisonous solids or liquids: and/or
(23) Solids in such quantities or of such size capable of causing interference or
obstruction to the flow in the City's stormwater system or natural water
bodies.
Sec. 19-170.5. Stormwater discharges from industrial. commercial and construction
activities.
(a) Stormwater discharges from industrial and commercial activities shall be treated
or managed on site. in accordance with appropriate federal. state or local permits
and regulations. prior to discharge to the city's MS4.
(b) Stormwater discharges from significant construction activities shall be treated or
managed on-site in accordance with appropriate federal. state or local permits and
regulations. prior to discharge to the city's MS4. Erosion. sediment and pollution
controls for the construction site shall be properly implemented. maintained and
operated according to a pollution prevention plan required by an NPDES permit
for the discharge of stormwater from construction activities. or according to a
state permit issued by the Florida Department of Environmental Protection or St.
Johns River Water Management District.
(c) Construction activity which is not defined as significant is still characterized as an
illicit connection or illicit discharge if the activity causes an impairment of the
operation of the MS4 or contributes to the failure of the MS4 to meet any local.
state or federal requirements. including. but not limited to. NPDES permits.
(d) The owners or operators of industrial facilities. commercial entities and
construction sites which discharge stormwater to the city's MS4 shall provide
prior written notification to the city of the discharge and shall have received prior
approval of the discharge from the city.
Sec. 19-171. Prohibition of illicit dischar2es and illicit connections.
(a) Illicit discharges and illicit connections to the city's MS4 are prohibited.
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Ordinance 2004-01
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(b) Failure to report a connection from industrial activities, commercial entities or
construction activities to the city's MS4 or to waters of the United States
constitutes an illicit connection.
(c) Failure to report to the city a discharge from industrial activities, commercial
entities or construction activities to the city's MS4 or to waters of the United
States constitutes an illicit discharge.
(d) Any discharge to the city's MS4 or to waters of the United States which is in
violation of federal, state or local permits or regulations constitutes an illicit
discharge.
(e) Persons responsible for illicit discharges or illicit connections shall immediately
cease the illicit discharge or illicit connection, and obtain appropriate approvals
from applicable regulatory agencies prior to resuming the discharge or
connection.
Sec. 19-172. Control of pollutant contributions from interconnected municipal
storm sewer systems.
The discharge of stormwater between interconnected state, county, city or other
MS4s shall not and shall not be permitted to cause the city's MS4 to be in violation of the
provisions of an NPDES permit. Owners of any portion of the Seminole County
interconnected MS4 shall be responsible for controlling the Quality and quantity of
discharge of stormwater to the city's MS4
Sec. 19-173. Inspection. Monitorin2 for Compliance and Operational Maintenance
Requirements
City personnel shall be granted access for inspection of facilities discharging or
suspected of discharging to the city's MS4 or waters of the United States in order to
effectuate the provisions of this ordinance and to investigate violations or potential
violations of any of the terms herein. All structures and processes which allow discharges
to the city's MS4, as well as records concerning them, shall be made accessible to the
city's personnel for this purpose.
Structural controls and other BMPs used for controlling the discharge of
pollutants to the city's MS4 or to waters of the United States shall be operated and
maintained so as to function in accordance with permitted design and performance
criteria and in compliance with federal, state or local permit conditions and regulations.
(1)The operation and maintenance entity is required to provide for periodic
inspections of the stormwater management system to insure that the
system is functioning as designed and permitted.
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Ordinance 2004-01
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(2)The following operational maintenance activities shall be performed on all
public stormwater systems on a regular basis or as needed:
A Removal of trash and debris;
B. Inspection of inlets and outlets;
C. Removal of sediments when the storage volume or conveyance
capacity of the stormwater management system is below design
levels;
D. Stabilization and restoration of eroded areas;
E. Mowing and removal of grass clippings;
F. Aeration, tilling, or replacement of topsoil as needed to restore the
percolation capability of retention and swale systems. If tilling or
replacement of the topsoil is utilized, vegetation must be
established on the disturbed surfaces;
G. Undesirable species such as cattails and exotic plants should be
controlled and minimized; and
H. It is recommended that that native vegetation be maintained in the
littoral zone as part of the system's operation and maintenance
plan.
(3) If the system is not functioning as designed and permitted, operational
maintenance must be performed immediately to restore the system. If
operational maintenance measures are insufficient to enable the system to
meet the design and performance standards, the responsible entity must
either replace the system or construct an alternative design.
Sec. 19-174. High Risk Screening
(a) The City shall developed and maintain a program for identifying and controlling
pollutants, to the MS4 that are within the limits of the City of Winter Springs.
Those located outside the City's limits shall be reported to the applicable
municipality, SJRWMD, FDOT or FDEP for further investigation and/or
enforcement actions.
(b) This program shall be consistent with State Water Policy, and involves monitoring
stormwater discharges to the MS4 from:
(1) municipal landfill(s);
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(2) hazardous waste treatment, storage, disposal and recovery facilities:
(3) facilities that are subiect to EPCRA Title III, Section 313: and
(4) other industrial or commercial discharge in which in the determination of
the City may contribute a substantial pollutant loading to the MS4.
(c) The high risk screening program shall require:
(1) Inspecting businesses and government owned facilities that could
potentially generate hazardous waste as well as other waste streams of
concern. As part of this process photographs will be taken and the
location of the inspection will be geo-referenced.
Items looked at during inspections shall generally include, but not be
limited to:
A. Source of water supply (municipal or private well).
B. Type of sewage disposal.
C. If there are any floor drains and where they discharge to.
D. Storage practices for hazardous materials.
E. Specific waste streams generated and how they are managed and
disposed of.
F. Evidence of spilled oil, chemicals, etc.
G. Stormwater information including:
i. Indications of illicit discharges.
ii. Where it discharges to.
iii. Activities that may affect stormwater.
H. Manifests and other documentation that substantiates wastes are
managed and disposed of properly.
(2) Investigating complaints relating to environmental issues involving both
businesses and private residences. These complaints cover a wide range
of issues, e.g.,
A. Improper disposal of wastes.
B. Storing hazardous materials and/or waste under conditions that
could result in contamination of soil, groundwater or waters of the
state.
C. Illicit discharges.
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Ordinance 2004-01
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(3) Following up on major spills to ensure they are remediated properly by the
responsible party and all contaminated materials are disposed of properly.
(4) Recording and maintaining both an electronic database and a hardcopy
file.
A. The database is updated by:
i. Adding potential generators from new businesses that apply for
a City or County Occupational License.
ii.Potential generators found in the trade directories and Yellow
Paf!es. and searches performed through the internet. And
iii. Complaints from anonymous and known individuals as well as
those referred to the City by FDEP or other regulatory
agencIes.
Sec. 19-175. Enforcement. Penalties and Legal Proceedings
(a) The city may enforce the provisions of this Article by any lawful means
including, but not limited to, issuing a civil citation, bringing charges before the
city's code enforcement board or special master, and seeking injunctive and
equitable relief.
(b) Where a violation of this Article does not constitute a hazardous condition
requiring immediate and direct governmental action to abate a serious and
continuing danger to the public, notice shall be provided to the property owner in
accordance with Chapter 162, Florida Statutes and Chapter 2, Article III, Division
2, of the City Code, describing a violation of this Article. All persons in violation
of this Article shall address such violations immediately by providing a written
response outlining the temporary and permanent measures that will be taken to
correct the violation and a proposed schedule for completion of the corrective
measures. Proposals for corrective action are subject to the approval of the
director.
(c) In addition, cease and desist orders may be issued by the City's code enforcement
department as provided herein. Such order shall be served upon the person( sa
responsible for the violation in the same manner as notices of violation are served
and as described above. Specific activities and operations may be ordered to
cease and desist based upon the following conditions:
(1) In a situation that may have a serious effect on the health, safety or
welfare of the public or the environment, including the quality of
stormwater in the City's MS4; or
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(2) When irreversible or irreparable harm may result. in the reasonable
opinion of the City's Code Enforcement Officers. and immediate cessation
of the activity is necessary to protect the public or the environment.
including the quality of stormwater in the City's MS4.
(d) In addition to any fines which may be imposed by the City of Winter Springs
Code Enforcement Board. persons responsible for violation of the Ordinance shall
be liable for all sampling and analytical costs incurred in monitoring the
discharge. and state and/or federal fines imposed as a result of the discharge and
costs of removing or properly treating the discharge.
(e) Any fines or other funds received as a result of enforcement under this Article
which are not used for specific purposes set forth in this Article shall be deposited
in Stormwater Utility Fund.
Sees. 19-M8176-19-199. Reserved.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All
prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of
prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of
the conflict.
Section 4. Incorporation Into Code. This ordinance shall be incorporated
into the Winter Springs City Code and any section or paragraph number or letter and any
heading may be changed or modified as necessary to effectuate the foregoing.
Section 5. Severability. If any section, subsection, sentence, clause, phrase,
word or provision of this ordinance is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, whether for substantive, procedural, or any other
reason, such portion shall be deemed a separate, distinct and independent provision, and
such holding shall not affect the validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective
immediately upon adoption by the City Commission of the City of Winter Springs,
Florida, and pursuant to City Charter.
[Adoption next page]
City of Winter Springs
Ordinance 2004-01
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ADOPTED by the City Commission of the City of Winter Springs, Florida, in a
regular meeting assembled on the 26th day of January ,2004.
ATTEST:
ANDREA LORENZO-LUACES
CITY CLERK
CITY OF WINTER SPRINGS,
FLORIDA
JOHN F. BUSH, MAYOR
Approved as to legal form and sufficiency for
the City Of Winter Springs only:
ANTHONY A. GARGANESE
City Attorney
First Reading January 12. 2004
Posted January 13. 2004
Second Reading and Public Hearing January 26. 2004
City of Winter Springs
Ordinance 2004-01
Page 15 of 15
Orlando
Sentinel
Published Daily
State of Florida } S.S.
COUNTY OF ORANGE
Before the undersigned authority personally appeared Linda Bridgewater
, who on oath says
that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally
newspaper published at ALTAMONTE SPRINGS in
SEMINOLE County, Florida;
that the attached copy of advertisement being a NOTICE IS HEREBY
in the matter of Ord 2003-39;Ord 2003-43;Ord 2004-01; Ord 2004-04
in the SEMINOLE Court
was published in said newspaper in the issue; of 01/15/04
Affiant further says that the said Orlando Sentinel is a newspaper published at
ALTAMONTE SPRINGS in said
SEMINOLE County, Florida,
and that the said newspaper has heretofore been continuously published in
said SEMINOLE County, Florida,
each week Day and has been entered as second-class mail matter at the post
office in ALTAMONTE SPRINGS in said
SEMINOLE County, Florida,
for a period of one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that he/she has neither paid
nor promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said newspaper.
The foregoing instrument was acknowledged before me this 15 day of
Jan , 2004, by Linda Bridgewater
who is personally known to me and did take an oath.
(SEAL) Beverly C. Simmons
PROPOSES TO ADOPT THE FOL
LOWING ORDINANCES TO THE
WINTER SPRINGS CODE OF ORDI
NANCES:
Notice of Amendment of Section 9
281, Dumpster Enclosure Screening
ORDINANCE NO, 2003-39
AN ORDINANCE OF THE
CITY COMMISSION OF
THE. CITY OF WINTER
SPR I NG.S,FLORIDA,
AMENDING. CITY,CODE
SECTION 9-281, MINIMUM
SCREENING. REQUIRE.
MENTS FOR DUMPS.
TERS, TO PERMIT EXIST.
ING DUMPSTERS TO .BE
ENCLOSED BY VINYL
SCREENING MATERIALS
APPROVED BY THE
CITY TO GRANDFATHER
EXISTI NG DUMPSTERS
FROM THE ZONING SET.
BACK REQUIREMENTS
GENERALLY APPLIED
TO ACCESSORY BUILD.
INGS AND STRUCTURES
PROVIDING FOR THE RE-
PEAL OF PRIOR INCON-
SISTENT ORDINANCES
AND RESOLUTIONS IN.
CORPORATION INTO THE
CODE,SEVERABI LITY,
AND AN EFFECTIVE
Notice Establishing Minimum Com.
munitv Appearance and Aesthetic
Review Standards
ORDINANCE NO. 2003-43
AN ORDINANCE OF THE
CITY OF WINTER
SPRINGS, SEMINOLE
COUNTY, FLORIDA,
AMENDING CHAPTER 9,
LAND DEVELOPMENT,
BY CREATING ARTiCLE
XI, ESTABLISHING MIN-
MUM COMMUNITYAP.
PEARANCE AND AES.
THETIC REVI EW
STANDARDS FOR COM.
MERCIAL, INDUSTRIAL,
INSTITUTIONAL, MULTI-
FAMILY, AND RESIDEN.
TIAl SUBDIVISION LAND
DEVELOPMENT PRO.
JECTS;REPEALI NG SEC-
TIONS 20-475 AND 20-491
OF THE WINTER
SPRINGS CODE REGARD-
ING STATE ROAD 434 DE
SIGN REVI EW PROVI D-
ING FOR, REPEAL OF
PR IOR INCONSISTENT
ORDINANCE'S AND RESO
LUTIONS, INCORPORA.
TION INTO THE CODE
SEVERABILITY, AND AN
EFFECTIVE DATE.
Notice Amending Stormwater
Management Utility
ORDINANCE NO. 2004-01
AN ORDINANCE OF THE
CITY COMMISSION OF
THE CITY OF WINTER
SPRINGS, FLORIDA,
AMENDING CHAPTER 19,
ARTICLE V. OF THE CITY
CODE OF ORDINANCES,
ENTITLED STORMWA-
TER MANAGEMENT
UTILTITY; PROVIDING
PURPOSE AND INTENT;
PROVIDING AN AMEND-
ED RATE STRUCTURE;
PROVIDING ROWERS
AND DUTIES OF THE AD
MINISTRATIVE OFFI
CIAL; PROVIDING PRO
HIBITED ACTS;
PROVIDING FOR INSPEC
TIONS, MONITORING,
AND COMPLIANCE; PRO
VIDING FOR ENFORCE
MENT AND RENAL TIES;
PROVIDING FOR THE RE-
PEAL OF PRIOR INCON
SISTENT ORDINANCES
AND RESOLUTIONS, IN
CORPORATION INTO THE
CODE, SEVERABILITY,
AND EFFECTIVE DATE.
Notice of Amendment of Section
20-101 and Section 20-102, Official
Mapping & Rezoning Procedures
ORDINANCE OF THE
CITY COMMISSION OF
THE CITY OF WINTER
SPRINGS, FLORIDA,
AMENDING CHAPTER 20,
ZONING; PROVIDING
PROCEDURES FOR UP
DATING AND MANAGING
THE OFFICIAL ZONING
MAP OF THE CITY OF
WINTER SPRINGS; PRO
VIDING FOR THE RE
PEAL OF PRIOR INCON
SISTENT ORDINANCES
AND RESOLUTIONS, IN
CORPORATION INTO THE
CODE, SEVERABILITY,
AND AN EFFECTIVE
DATE.
PUBLIC HEARINGS FOR THE 2ND
AND FINAL READING ON THE PRO
POSED ORDINANCES WILL BE
HELD ON MONDAY, JANUARY 26,
2004 AT 6:30 PM OR SOON THER-
EAFTER, IN THE COMMISSION
CHAMBERS LOCATED AT THE WIN
TER SPRINGS CITY HALL 1126
EAST STATE ROAD 434, WINTER
SPRINGS, FLORIDA
Interested parties are ad
vised that they may appear
at the meeting and be heard
with respect to the proposed
ordinances. the proposed
ordinances may be inspect
ed by Interested parties be
tween 8 am and 5 pm,
Monday through Friday, at
the City Clerk's Office, lo
cated at 1126 East State
Road 434, winter Springs,
Florida. fore more informa
tion call (407) 327-1800 #227
Persons with disabilities
needing assistance to partic
ipate in any of these pro
ceedings should contact the
Employee Relations Depart
ment Coordinator, 48 hours
in advance of the meeting at
(407) 327-1800, Extension
236. This is a public hearing.
If you decide to appeal any