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HomeMy WebLinkAboutOrdinance 2023-4566 ORDINANCE NO. 2023-4566 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY GENERAL ORDINANCES," BY AMENDING CHAPTER 110 OF THE CITY CODE ENTITLED "UTILITIES," ARTICLE II, ENTITLED "WATER," DIVISION 1, ENTITLED "GENERALLY" BY AMENDING ARTICLE II AND SECTION 110-38, ENTITLED "TAPPING, MAINS, SERVICE PIPES AND CONNECTIONS," TO REQUIRE A PROPERTY OWNER TO CONNECT TO UPGRADED WATER AND/OR SANITARY SEWER INFRASTRUCTURE AT NO EXPENSE TO THE PROPERTY OWNER; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws which promote the public health, safety and general welfare of its citizens; and WHEREAS, the City Public Works Department seeks to upgrade water and/or sanitary sewer infrastructure and provide connections from public rights of way; and WHEREAS, certain properties are connected to water and/or sanitary sewer mains from the rear of the premises; and WHEREAS, as aging infrastructure is replaced, the Public Works Department needs to have the ability to require for property owners to connect to water and/or sanitary sewer mains at the front of properties at no cost to the property owners, consistent with established practice by the Miami-Dade County Water and Sewer Department, as provided in the Miami-Dade County Code. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Chapter 110, "Utilities," at Article II, entitled "Water," at Division 1, entitled "Generally" of the General Ordinances of the Code of the City of Miami Beach, Florida is hereby amended as follows: CHAPTER 110 UTILITIES ARTICLE II. WATER DIVISION 1. GENERALLY Sec. 110-38. Tapping, mains, service pipes and connections. (a) The public works department shall lay the service pipe to the property line of the owner who has signed a contract for water service, provided the property line corresponds to such lot lines as are dedicated and recorded in some subdivision plat. The public works department shall not run service connections into lots or parts of lots that have been divided and no provisions for easements or alleys have been made for water supply lines and recorded. (b) If the service supplying a house or building is found not to be large enough due to additions to the building or an increase or change in the number of fixtures, the public works department shall make the larger tap and install the larger service upon the payment of the tapping charge for the size of the new service. No credit shall be given for the service already in place that is found to be insufficient in size. (c) The owner shall place a gate valve on the service between the building and the meter box so the supply may be turned off by the owner in case of a break or repairs being made in the building. (d) The public works department in every instance reserves the right, at its option, to designate and prescribe the size of a service connection, either upon original installation of a new connection or upon any renewal or replacement of any old connection, and in any case, where a size of service other than that applied for by the owner, or previously existing is so designated and prescribed by the public works department, the owner shall be bound thereby. (e) The public works department reserves the right, at its option, where and when, in its discretion, the conditions may or might require it, at any time to require any owner to install on his service connection a tank, check valve, cock or gate valve, pressure regulator or other appliances, apparatus or equipment of such type and design as is approved by the public works department and thereafter to require any change, alteration, substitution or addition of and to any such appliance as aforesaid; and failure upon the part of the owner to comply with such requirements of the public works department within 30 days after written notice to the owner, or within some agreed extension beyond such 30 days also in writing, shall authorize the public works department, at its option and without further notice, to cancel the contract for such service and discontinue the same. (f) Where a premises is abutted by two water and/or two sanitary sewer mains, and the premises can validly be connected to either of the abutting water mains or abutting sewer mains in compliance with the Florida Building Code and the City of Miami Beach Public Works Manual, and the premises is currently connected to the water main and/or sanitary sewer main located in the rear of the premises, the public works department may require such premises to connect to the main(s)owned by the public works department which abuts the front of the property and to which such premises may validly be connected, at no cost to the property owner. The public works department or designee shall be responsible for all costs of disconnection of the 2 main(s) abutting the rear of the premises and connection to the main(s) abutting the front of the premises. An owner of a premises who has previously paid a water and/or sanitary sewer connection fee to the public works department shall not be required to pay an additional connection fees if the premises was lawfully connected to a different main. (q) Where the public works department and/or designee is performing water and/or sanitary sewer improvements to replace old and substandard infrastructure, in areas where the existing water and/or gravity sanitary sewer mains are located along the rear of the properties and the public works department is planning to install new water and/or gravity sanitary sewer mains in front of the properties within the right of way, the public works department may require such premises to connect to a water and/or sanitary sewer mains owned by the public works department which abuts the front of the property and to which such premises may validly be connected, at no cost to the Property owner. The public works department or designee shall be responsible for all costs of disconnection of the water and/or gravity sanitary sewer mains abutting the rear of the premises and connection to the water and/or gravity sanitary sewer mains to the front of the premises. An owner of a premises who has previously paid water and/or sanitary sewer connection fees to the public works department shall not be required to pay an additional water and/or sanitary sewer connection fees if the Premises was' lawfully connected to a different water and/or gravity sanitary sewer mains. (h) Should the owner of a premises currently connected to a water main refuse to allow the Department to disconnect the premises from the water main abutting the rear of the premises and to connect the premises to the water main abutting the front of the premises in accordance with Section 32-78(b), the Department shall have the right to terminate water service to such premises, and shall incur no liability therefore. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of ,this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Miami Beach City Code. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word 'ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. 3 This Ordinance shall take effect on the day of u U 2023. PASSED and ADOPTED this day of :7N16 ' 2023. ATTEST: Dan Gelber J U L 2 8 2023 Mayor Rafael E. Granado CityClerk _ X"'.d " '..IP(CORP OR�TED`h Verified By: % J Nor z, P.E., F. F S v, c�...r DirePublic Works Underline denotes additions StFikethro unh denotes deletions (Sponsored by Commissioner Ricky Arriola) APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 4 City Attorney �� Date Ordinances - R5 K MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: July 26, 2023 3:15 p.m. Second Reading Public Hearing SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH. FLORIDA, AMENDING THE CODE OF THE CITY GENERAL ORDINANCES," BY AMENDING CHAPTER 110 OF THE CITY CODE ENTITLED "UTILITIES," ARTICLE Il, ENTITLED 'WATER," DIVISION 1, ENTITLED "GENERALLY" BY AMENDING ARTICLE II AND SECTION 110-38, ENTITLED "TAPPING, MAINS, SERVICE PIPES AND CONNECTIONS," TO REQUIRE A PROPERTY OWNER TO CONNECT TO UPGRADED WATER AND/OR SANITARY SEWER INFRASTRUCTURE AT NO EXPENSE TO THE PROPERTY OWNER; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY,ANDAN EFFECTIVE DATE. RECOMMENDATION The Administration recommends approving the Resolution on Second Reading Public Hearing. BACKGROUND/HISTORY At its March 27, 2023 meeting, the City Commission approved a referral to the Land Use and Sustainability Committee to discuss the adoption of a version of Miami-Dade County's (MDC) Code that requires certain water and sewer connections. The City of Miami Beach (the "City') has the authority to enact laws which promote the public health, safety and general welfare of its citizens. The City's Public Works Department seeks to upgrade water and/or sanitary sewer infrastructure and provide connections from public rights of way. Certain properties are connected to water and/or sanitary sewer mains from the rear. Providing water and/or sanitary sewer infrastructure within public rights of way allows better access and flexibility to water and/or sanitary sewer mains. As such, Public Works seeks to provide an opportunity for property owners to connect to water and/or sanitary sewer mains at the front of properties at no cost to the property owners consistent with established practice by the Miami-Dade County Water and Sewer Department (WASD). Furthermore, the 2013 consent decree between MDC, Florida Department of Environmental Protection and the United States of America, with the goal to comply with the Clean Water Act and eliminate sanitary sewer overflows, requires a number of operational and maintenance improvements, including Page 905 of 1588 easement accessibility and the need to control vegetative growth or encroachment of man-made structures or activities that could threaten the integrity of the gravity sewers. In many instances the rear property easements are congested with man-made encroachments such as walls, landscaping, pool decks, etc. the most feasible solution to comply with the consent decree is to relocate the existing gravity sewer and service connection to the front of the properties creating a more accessible condition for the maintenance and operation of the gravity sewer system. At its April 19, 2023 meeting, the Land Use and Sustainability Committee held a discussion regarding the possibility to adopt a version of Miami-Dade County's Code that requires certain water and sewer connections. The Committee members made a motion to move to the full City Commission with a favorable recommendation as to the overall policy that any budget implications be discussed and by the City Commission as separate actions. At its June 28, 2023 meeting, the City Commission read the title of the Ordinance into the record, and scheduled a Second Reading Public Hearing on July 26, 2023. SUPPORTING SURVEY DATA Results from the 2022 Resident Survey related to the City's perception and satisfaction show an overall approval of 67.4%, and rated the City as a good place to live. FINANCIAL INFORMATION No fiscal impact. CONCLUSION The Administration recommends approving the Resolution on Second Reading Public Hearing. Applicable Area Citywide Is this a"Residents Right Does this item utilize G.O. to Know" item,pursuant to Bond Funds? City Code Section 2-14? Yes No Strategic Connection Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality entertainment destination. Legislative Tracking Public Works Sponsor Vice-Mayor Ricky Aniola ATTACHMENTS: Description Page 906 of 1588 ❑ Commission referral to LUSC ❑ Ordinance Page 907 of 1588 Committee Assignments-C4 C MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Commissioner Ricky Arriola DATE: March 27,2023 SUBJECT:REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE TO DISCUSS ADOPTING A VERSION OF MIAMI-DADE COUNTY'S CODE THAT REQUIRES CERTAIN WATER AND SEWER CONNECTIONS. ANALYSIS Miami Dade County allows for the Water and Sewer Department to require connection to available lines at the front,so long as it is done at no cost to the owner. Our Public Works Department sees value in adopting a similar code as new sections of the right-of- way are rehabilitated with new,upgraded infrastructure. The relevant section of the County Code is excepted below.Please reference attachments for the full section of the code. Where a premises is abutted by two water mains,either one of which the premises can validly be connected to in compliance with the Florida Building Code and the Miami-Dade County Public Works Manual,and the premises is currently connected to the water main located in the rear of the premises,the Miami-Dade Water and Sewer Department may require such premises to connect to a water main owned by the Department which abuts the front of the property and to which such premises may validly be connected,at no cost to the property owner. The Department shall be responsible for all costs of disconnection of the water main abutting the rear of the premises and connection to the water main abutting the front of the premises.An owner of a premises who has previously paid a water connection fee to the Department shall not be required to pay an additional water connection fee if the premises was connected to a different water main pursuant to this Section. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION N/A Applicable Area. Citywide Is this a"Residents Right to Does this item utilize G.O. Know"item,pursuant to Bond Funds? CCi Code Section 2-14? Yes No Strategic Connection Prosperity-Revitalize targeted areas and increase investment. Legislative Tracking Commissioner Ricky Arriola ATTACHMENTS: Description D Sec.32 78 D Sec. 110 38 Page 908 of 1588