§ 28-33. Connection to sanitary sewer required.

(a)

Except as provided herein, every owner of a lot or parcel of property in the city which abuts upon any street or public way containing a sewer line, upon which lot or parcel of property a building shall have been constructed for residential, commercial or industrial use, must cause such building to be connected with the sanitary sewer system within ninety (90) days from the completion date as certified by the city engineer.

(b)

(1)

Every owner of a lot or parcel of property in the area described below upon which lot or parcel of property a building shall have been constructed for residential, commercial or industrial use, must cause such building to be connected with the sanitary sewer system within sixty (60) days of the date that any one of the following events occur:

(i)

Transfer of fee simple ownership or lease of greater than fifty (50) years of the property on which a building is located which transfer or lease occurs after the completion date as defined in subsection (2);

(ii)

A determination is made by the state department of health or any public authority with jurisdiction over waste disposal that hook up to the sanitary sewer system is required.

(iii)

Any new construction which creates or increases floor area that is enclosed by building materials, screening or like materials and such area is usable for purposes other than a sole storage use. As an example, new construction which triggers the requirement for sewer connection shall include, but not be limited to, a screened-in porch or enclosed garage. It shall not include a carport or storage shed used solely for storage.

(iv)

Alteration or new construction of a building which results in the enclosure of existing floor area, and such area is usable for purposes other than a sole storage use.

(v)

A building is altered or rebuilt by more than twenty-five (25) percent of the total area of the building or twenty-five (25) percent of the building's replacement value.

(vi)

A permit is required to be obtained in order to repair, relocate or replace part or all of an existing waste disposal system.

(vii)

Nineteen (19) years and two hundred seventy-five (275) days after the assessment date, as defined in subsection (2), of the sanitary sewer system has passed.

(2)

For purposes of this subsection (b), the "assessment date" as such term is used herein shall be the date a resolution is adopted by the city commission approving the final assessment roll and the special assessments for the installation of the sanitary sewer system in the Tarpon River Neighborhood. "Completion date" as such term is used herein shall be the date provided in a resolution adopted by the city commission when the installation of the sanitary sewer system in the Tarpon River Neighborhood is complete.

(3)

This subsection (b) of this section shall apply to the property within the Tarpon River Neighborhood, more particularly described as follows:

Parcels of land lying in section 10 of township 50 south, range 42 east described as follows:

Lots 1 through 9 of "Seawanna" according to the plat thereof recorded in plat book 7, page 37 of the public records of Broward County, Florida,

Together with;

Lots 10 through 42, block 35, and lots 37 through 60, block 63 of "Seawanna" according to the plat thereof recorded in plat book 3, page 25 of the public records of Broward County, Florida,

Together with;

Lot 3, less the east 25 feet thereof, lots 4 and 5, lots 7 through 42 inclusive; together with lots 43 and 44 less the east 125 feet thereof, of "resubdivision of block 36, Fort Lauderdale, Florida" according to the plat thereof recorded in plat book 2, page 11, of the public records of Broward County, Florida;

Together with;

Lot 4 of "Reichenbach's Subdivision" according to the plat thereof recorded in plat book 23, page 3 of the public records of Broward County, Florida,

Together with;

Lots 1 through 8 of block 48, and lots 4 through 12 of block 50, of "Town of Fort Lauderdale" according to the plat thereof recorded in plat book "b", page 40, of the public records of Dade County, Florida,

Together with;

Lots 4 through 48 of "Elva A. Truax subdivision of block 49 of Town of Fort Lauderdale" according to the plat thereof recorded in plat book 3, page 23 of the public records of Dade County, Florida,

Together with;

Lots 1 through 10 of block 1, and lots 1 through 8 of block 2 of "Seawanna Park" according to the plat thereof recorded in plat book 21, page 1 of the public records of Broward County, Florida,

Together with;

Lots 1 through 24, block 1 and lots 1 through 24, block 2 of "Pinewood Place" according to the plat thereof recorded in plat book 7, page 20 of the public records of Broward County, Florida,

Together with;

Lots 1 through 4 and lots 10 through 13 of block 1 and lot 13 of block 2 of "Alden's subdivision of lots 1 & 2 block 62 of the Town of Fort Lauderdale" according to the plat thereof recorded in plat book 2, page 26 of the public records of Broward County, Florida,

Together with;

Lots 12 through 21 of block "b" of "Fort Lauderdale Land & Development Company subdivision of lots 2 & 3, block 61 of the Town of Fort Lauderdale" according to the plat thereof recorded in plat book 1, page 57 of the public records of Dade County, Florida,

Together with;

Lots 27 through 35, block 11, lots 14, 15, 17, 19, 21, 23 and 25, block 10, lots 15, 17, 19, 21, 23, 25 and 27, block 9, lots 17, 19, 21, 23, 25, 27 and 29, block 8, lots 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 24, 25, 27, 29, 31, 33, 35, 37, 39, 41 and 43, block 13, lots 3, 5, 7, 9, 11, 13, 15, 31, 33, 35, 37, 39, 41, 43 and 45, block 15, lots 1, 3, 5, 7, 9, 11, 13, 15, 17 and 29 through 37, block 18, lots 5, 7, 9, 11, 13, 15, 17, 19, 21 and 24 through 32, block 19, lots 4 through 8, block 20, lots 1 through 25, block 24 and lots 1 through 12 block 25 of "river section of Croissant Park" according to the plat thereof recorded in plat book 7, page 50 of the public records of Broward County, Florida,

Together with;

Lot 9, of "the resubdivision of a portion of block 20 of river section of Croissant Park" according to the plat thereof recorded in plat book 26, page 18 of the public records of Broward County, Florida, and

Together with;

Lots 1 through 5, block 11, lots 1 through 13 and 27 through 36, block 10, lots 5 through 12 and 28 through 35, block 9, lots 1 through 15 and 30 through 34, block 8, lots 1 through 6 and that portion of lots 7, 47 and 48 lying northeast of the Tarpon River, block 12, lots 1 through 46, block 14, lots 16 through 30, block 15, lots 1, 2 and 3, block 20, lots 1 through 4 and lots 33 through 37, block 19, lots 18 through 28, block 18, "Lauderdale", according to the plat thereof recorded in plat book 2, page 9 of the public records of Dade County, Florida.

Said lands situate, lying and being in the City of Fort Lauderdale, Broward County, Florida.

(Code 1953, § 37-6; Ord. No. C-77-91, § 1, 7-19-77; Ord. No. C-98-54, § 1, 9-15-98; Ord. No. C-02-39, § 2, 12-17-02 )