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HomeMy WebLinkAboutOrdinance 2020-557ORDINANCE NO. 2020 - �5S_. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 260 OF THE CODE OF ORDINANCES ENTITLED "WATER" TO PROVIDE THE IMPLEMENTATION OF THE WATER CONSERVATION RULE FOR LANDSCAPE IRRIGATION OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT; PROVIDING FOR A LANDSCAPE IRRIGATION SCHEDULE BY INCORPORATION OF CHAPTER 40E-24, FLORIDA ADMINISTRATIVE CODE; PROVIDING FOR APPLICABILITY; PROVIDING FOR VARIANCES; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 260 of the Code of Ordinances of the City of Sunny Isles Beach ("City") pertains to water conservation during a declaration of a water shortage or water shortage emergency; and WHEREAS, the City Commission finds that the efficient use and conservation of water reflects responsible use of a limited and precious resource that is essential to life, and will prevent and reduce wasteful, uneconomical, impractical, or unreasonable use of water resources; and WHEREAS, it is the desire of the City Commission to expand water conservation efforts by providing for local enforcement of year-round landscape irrigation water conservation measures, consistent with Chapter 40E-24, Florida Administrative Code ("F.A.C."); and WHEREAS, the South Florida Water Management District ("SFWMD") has responsibility and exclusive authority under Chapter 373, Florida Statutes, for regulating the consumptive use of water; and WHEREAS, the SFWMD has amended Chapter 40E-24, F.A.C., requiring year-round water conservation for landscape irrigation; and WHEREAS, Chapter 40E-24, F.A.C., applies to all users as defined in Subsection 40E- 24.101, F.A.C.; and WHEREAS, Chapter 40E-24, F.A.C., applies to all landscape irrigation regardless of whether the water comes from ground or surface water, from a private well or pump, or from a public or private utility; and WHEREAS, it is the desire of the City Commission of the City of Sunny Isles Beach to adopt such an ordinance in accordance with Chapter 40E-24, F.A.C.; and WHEREAS, the City Commission of the City of Sunny Isles Beach hereby finds and declares that the adoption of this ordinance is in the best interest of the City. Amend Chap 260 Provide for Year -Round Irrigation Conservation Page 1 of 8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part by this Ordinance upon adoption hereof. Section 2. Amendment to Chapter 260 of the City Code. Chapter 260 of the City Code is hereby amended to read as follows: ARTICLE I - Water Restrictions During a Declaration of a Water Shortage or Water Shortage Emergency ARTICLE 2 — Water Conservation for Landscape Irrigation. 260-7. Intent and Purpose. It is the intent and purpose of this article to implement procedures that promote water conservation through the more efficient use of landscape irrigation. 260-8. Definitions. ADDRESS means the "house number" (a numeric or alphanumeric designation) that, together with the street name, describes the physical location of a specific property. includes "rural route" numbers, but excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Service to determine a delivery location, the lot number shall be the property's address. If a lot number in a mobile home park or similar residential community is not used by the U.S. Postal Service (e.g., the park manager sorts incoming mail delivered to the community's address), then the community's main address shall be the property's address. If a property has no address, it shall be considered "even -numbered." ATHLETIC PLAY AREA means all golf course fairways, tees, roughs, greens, and other athletic play surfaces; including, football, baseball, soccer, polo, tennis, lawn bowling fields, and rodeo, equestrian and livestock arenas. DISTRICT means the South Florida Water Management District, a government entity created under Chapter 373, Florida Statutes. EVEN -NUMBERED ADDRESS means an address ending in the number 0, 2, 4, 6 or 8; rights-of-way or other locations with no address, or the letters A -M. EXISTING LANDSCAPING means any landscaping which has been planted in the ground for more than ninety (90) days. Amend Chap 260 Provide for Year -Round Irrigation Conservation Page 2 of 8 LANDSCAPING means shrubbery, trees, lawns, sod,rg ass, around covers, plants, vines, ornamental gardens, and such other flora not intended for resale, which are situated in such diverse locations as residential landscapes, recreation areas, cemeteries, public, commercial, and industrial establishments, public medians, and rights-of-way, except athletic play, areas. LANDSCAPE IRRIGATION means the outside watering of shrubbery, trees, lawns, sod, grass, ground covers, plants, vines, ornamental gardens, and such other flora, not intended for resale, which are planted and are situated in such diverse locations as residential landscapes, recreation areas, cemeteries, public, commercial, and industrial establishments, public medians, and rights-of-way except athletic play areas as defined in subsection 40E-24.101(2), F.A.C. LOW VOLUME IRRIGATION means the use of equipment and devices specifically designed to allow the volume of water delivered to be limited to a level consistent with the water requirement of the plant being irrigated, and to allow that water to be placed with a high degree of efficiency in the root zone of the plant. The term also includes water used in mist houses and similar establishments for plant propagation. Overhead irrigation and flood irrigation are not included. MICRO -IRRIGATION means the application of small quantities of water on or below the soil surface as drops or tiny streams of spray through emitter or applicators placed along a water delivery line. Micro -irrigation includes a number of methods or concepts such as bubbler, drip, trickle, mist or microspray, and subsurface irrigation. NEW LANDSCAPING means any landscaping which has been planted and established for ninety (90) days or less. ODD -NUMBERED ADDRESS means an address ending in the number 1, 3, 5, 7 or 9; or the letters N -Z. RECLAIMED WATER means wastewater that has received at least secondary treatment, and basic disinfection and is reused after flowing out of a wastewater treatment facility as defined by Rule 62-40.210, F.A.C. USER means any person, individual, firm, association, organization, partnership, business trust, corporation, company, agent, employee or other legal entity whether natural or artificial, the United States of America, and the State and all political subdivisions, regions, districts, municipalities, and public agencies thereof, which directly or indirectly takes water from the water resource, including uses from private or public utility systems, uses under water use permits issued pursuant to Chapter 40E-2, F.A.C., or uses from individual wells or pumps. WASTEFUL AND UNNECESSARY means allowing water to be dispersed without any practical purpose to the water use; for example, excessive landscape irrigation, leaving an unattended hose on a driveway with water flowing„ allowing water to be dispersed in a grossly inefficient manner, regardless of the type of water use; for example, allowing landscape irritation water to unnecessarily fall onto pavement, sidewalks and other impervious surfaces; or allowing water flow through a broken or malfunctioning water delivery or landscape irrigationystem. Amend Chap 260 Provide for Year -Round Irrigation Conservation Page 3 of 8 WATER RESOURCE means anv and all water on or beneath the surface 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 means when the District determines there is the possibility that insufficient water will be available to meet the present and anticipated needs of the users, or when conditions are such as to require a temporary reduction in total use within a particular area to protect water resources from serious harm. A water shortage usually occurs due to drought. WATER SHORTAGE EMERGENCY means when the District determines the provisions listed in Part II of Chapter 40E-21, F.A.C., are not sufficient to protect the public health, safety, or welfare; the health of animals, fish, or aquatic life; a public water supply; or commercial, industrial, agricultural, recreational, or other reasonable - beneficial uses. 260-9. Applicability_ The provisions of this Article shall apply to each user providing landscape irrigation from all water resources within the boundaries of the City of Sunny Isles Beach. The provisions of this Article shall not apply to athletic play areas or agricultural operations (including nurseries), and irrigation accomplished using reclaimed water or saltwater. Declaration of a water shortage condition and/or water shortage_emergency within all or parts of the City of Sunny Isles Beach by the District's Governing Board or Executive Director shall supersede this Article for the duration of the applicable declaration, in accordance with Chapter 260, Article 1, of the Code of Ordinances of the City of Sunny Isles Beach. A water shortaged usually occurs due to drought. Such a declaration would apply to all users using the water resource within the geographical areas subject to a water shortage or water shortage emergency, as determined by the District, whether from public or privately -owned water utility systems, private wells or private connections with surface water bodies, but shall not apply to users using reclaimed water or saltwater. 260-10. Year -Round Landscape Irrigation Restrictions The following requirements or exceptions shall apply to all users, unless otherwise specified. A. Landscape irrigation shall be prohibited daily between the hours of 10:00 a.m. and 4:00 p.m., except as provided below. B. Irrigation of existing landscaaing shall comply with the following brovisions: 1) Even -Numbered Addresses and rights-of-way, or other locations without an address, may accomplish necessary landscape irrigation only on Thursdays, and/or Sundays. 2) Odd -Numbered Addresses may accomplish necessary landscape irrigation only on Wednesdays, and/or Saturdays. Amend Chap 260 Provide for Year -Round Irrigation Conservation Page 4 of 8 C. Irrigation of new landscaping shall comply with the following provisions: 1) New Landscaping may be irrigated once on the day it is installed without regard to the listed watering days and times. Irrigation of the soil immediately prior to the installation of the new landscaping is allowed without regard to the listed watering days and times. 2) A ninety (90) day establishment period begins on the day new landscaping is installed. The new landscaping shall be installed within a reasonable time from the date of purchase, which may be demonstrated with a dated receipt or invoice. 3) Irrigation of new landscaping which has been in place for thirty (30) days or less may be accomplished on Monday, Tuesday, Wednesday, Thursday, Saturday, and/or Sunday. 4) Irrigation of new landscaping which has been in place for thirty-one (31) to ninety (90) days may be accomplished on Monday, Wednesday, Thursday, and/or Saturday. 5) Irrigtation of the new landscaping is limited to areas containing only the new landscaping. An entire zone of an irrigation ystem shall only be utilized for landscape irrigation under this Code if the zone in question is for an area that contains at least fifty percent(50%) new landscaping. If a zone contains less than fifty percent (50%) new landscaping, or if the new landscaping is in an area that will not typically be irrigated by an irrigation system, only the individual new plantings are eligible additional irrigation. Targeted watering may be accomplished by low volume hand watering, or any appropriate method which isolates and waters only the new landscaping_ D. Irrigation ystems may be operated outside restricted days and/or times for cleaning, maintenance, and repair with an attendant on-site in the area being tested. Landscape irrigation systems may routinely be operated for such purposes no more than once per week, and the run time for any one (1) test should not exceed ten (10,) minutes per zone. E. Landscape irrigation for the purpose of watering -in fertilizers, insecticides, pesticides, fungicides, and herbicides, where such watering -in is required by the manufacturer, or by federal, state or local law, shall be allowed under the following conditions: 1) Such watering -in shall be limited to one (1) application in the absence of specific alternative instructions from the manufacturer, and 2) Such watering -in shall be accomplished during>, normal watering days and times listed above unless a professional licensed applicator has posted a temporary sign containing the date of application and the date(s) of needed watering -in activity. F. Any plant material may be watered using low volume irrigation, micro -irrigation, low volume hand watering methods, rain barrels, cisterns, or other similar rain -harvesting devices without regard to the listed watering days or times. G. In addition to the specific listed measures, all wasteful and unnecessary water use is prohibited. H. In the event the District imposes restrictions on landscape irrigation for new and existing installations which are more restrictive than those imposed by this Code, such as under the declaration of a water shortage or water shortage emergency, the more restrictive regulations shall apply for the applicable duration of the more restrictive regulations. Amend Chap 260 Provide for Year -Round Irrigation Conservation Page 5 of 8 I. It shall be the duty of each user to keep informed as to the landscape irrigation conservation measures within this Code, which affect each particular water use. 260-11. Variances A. Any user affected by Article II of Chapter 260 may apply for a variance to the City Manager or designee. A variance from specific days identified in this Article may be granted if strict application of the restrictions would lead to unreasonable or unfair result, provided the applicant demonstrates with particularity that compliance with the schedule will result in substantial economic, health, or other hardship on the applicant, or those the applicant serves. Relief may be granted only upon a demonstration that such hardship exists, is peculiar to the person or the affected property, is not self-imposed, and further demonstrates that7r� anting the variance would be consistent with the=ems intent and purpose of this Code. B. Examples of circumstances for a variance include, but are not limited to: 1) Two (2) or more properties which share a common source of water; 2) A public or private water system experiencing or anticipating distribution problems; 3) A user maintains an irrigation ystem that uses soil moisture sensors or weather - based irrigation controllers; or 4) Where a contiguousproperty is divided into different zones, a variance may be granted so that each zone may be irrigated on days different than other zones of the property. However, no single zone may be irrigated more than two (2) days per week. C. Variance Application Fee: Single -Family Residential ................................. $100.00 Multi -Family Residential and Commercial ............. $250.00 D. Upon receipt of an application for variance from the reauirements of this Article. in addition to the payment of the Variance Application Fee, the City Manager or designee shall render a decision on the variance within ten (10) days. Denials of variance relief may be appealed to the City Commission within thirty (30) days of the user's receipt of the notice of denial. Anv notice of denial or subseauent appeal shall be sent by certified mail, return receipt requested. E. A variance application and/or granting a variance under provisions of this Article shall operate prospectively, shall not stay or abate the enforcement of the provisions of this Article, and shall not affect any prior or pending enforcement actions against the affected person that have been initiated pursuant to the provisions of this Article. F. If a variance is granted, the user shall be required to post a notice at each parcel to which the variance pertains. G. A variance is invalid if it has expired or if the user or its agent violates the terms of the variance. H. Recognition of District Variances. The City of Sunny Isles Beach recognizes and adopts all irrigation variances or waivers issued by the District. Amend Chap 260 Provide for Year -Round Irrigation Conservation Page 6 of 8 H. Recognition of District Variances. The City of Sunny Isles Beach recognizes and adopts all irrigation variances or waivers issued by the District. 260-12. Enforcement; Penalties for Offenses The provisions of this article shall be enforced in accordance with Chapter 14 of the Code of the City of Sunny Isles Beach. Any aggrieved party shall have the right to appeal any assessed penalties pursuant to Chapter 14 of the Code of the City of Sunny Isles Beach. The Code Enforcement and Licensing Department and the Police Department of the City of Sunny Isles Beach shall be responsible for the enforcement of the provisions of this article. Any person or entity found to be in violation of any section of this article shall be subjected to the following penalties: A. For a first violation, a warning notice. B. For a second violation, a fine not to exceed $75.00. C. For a third violation, a fine not to exceed $500.00. Each day in violation of this article shall constitute a separate offense. In addition to the civil penalties provided herein, the City of Sunny Isles Beach may take any other appropriate legal action, including but not limited to injunctive action to enforce the provisions of this article. Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed. Section 4. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Section 5. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Ordinances of the City of Sunny Isles Beach; that the sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word, as required. Section 6. Effective Date. This Ordinance will become effective ten (10) days after adoption at second reading. PASSED AND ADOPTED on first reading this 15.0 day of October 2020. PASSED AND ADOPTED on second reading this 30day of December 2020. George H. Scholl, Mayor 02020 Amend Chap 260 Provide for Year -Round Irrigation Conservation Page 7 of 8 APPROVED AS TO FORM AND LEGAL CIENCY: �^ Edwa A. Dion, City Attorney First Reading Motion: V(w Moso-SyecA J Second: WVUl1iMSStpnl�L-V�a�Y Vote on First Reading: Mayor Scholl Vice Mayor Svechin Commissioner Goldman Commissioner Lama Commissioner Viscarra Vote on Second Reading: Mayor Scholl Vice Mayor Svechin Commissioner Goldman Commissioner Lama Commissioner Viscarra Second Reading Motion: t S\xC v J Second:yV11S�rlOtJ-UIDrv4t� (Yes) (Yes) 7 (Yes) (Yes) X (Yes) (Yes) (Yes) (Yes) (Yes) (Yes) (No) (No) (No) (No) (No) (No) (No) (No) (No) (No) Amend Chap 260 Provide for Year -Round Irrigation Conservation Page 8 of 8