§ 66-2. Approval of sewage disposal system required prior to issuance of building permit.

(a)

Written approval required. No building permit shall be issued for any structure in which plumbing fixtures are installed requiring the use of an on-site treatment facility or central sewage disposal system unless the developer has received written approval in accordance with this section.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(1)

Approval means a signed statement from the utility director of the county that the requirements of this section have been met and that adequate assurance of service has been provided.

(2)

Central sewage disposal system means a system operated by a governmental agency or private operator, which agency or operator has authority to serve the lands upon which the structure is to be located.

(3)

Developer means any person undertaking or participating in the development of land or the construction of buildings.

(4)

Structure means any building in which plumbing fixtures are installed except those for which septic tanks are permitted by applicable state law.

(c)

Method of obtaining approval.

(1)

In cases where the structure will be required to connect or is proposed to connect to a central sewage disposal system, the developer shall, as part of the building permit application, show on the plans connection to such system and shall furnish a binding letter or agreement from the appropriate agency or operator to the effect that the agency or operator has authority to serve the structure, that the system has capacity to serve the structure, and that such capacity has been reserved for the structure.

(2)

In cases where the structure must be served by an on-site treatment facility, the developer shall, as part of the building permit application, submit a certified copy of the DER construction permit for said on-site treatment facility or such other approved construction permit as may be applicable.

(3)

Upon submission of the necessary documents, the building official shall transmit same to the utility director, who shall review and issue his written approval to the developer with a copy to the building official. The building official shall not issue a building permit unless such approval has been received. No approval shall be issued by the utility director unless he determines that there is adequate assurance of service. "Adequate assurance of service" shall mean a substantial probability that all events and conditions which must occur to provide service at the time a certificate of occupancy may be issued will in fact occur.

(d)

Penalty and enforcement. Any person violating any provisions of this section shall, upon conviction, be liable to a fine not exceeding $300.00 or imprisonment not to exceed 90 days or both such fine and imprisonment. The board of county commissioners shall have the right to enforce this section through appropriate writ.

(Ord. No. 80-112, §§ 1—3, 5)

State law reference

Penalty for ordinance violations, F.S. § 125.69.

Cross reference

Building permits, § 22-46 et seq.; sewage systems, § 134-136 et seq.