Subject:
Title
Direction from the Board of County Commissioners regarding the enforcement of Brevard County Code Section 110-68 as it relates to leaking sanitary laterals and the responsibility of private property owners to complete the repair of the same.
End
Fiscal Impact:
None
Dept/Office:
Utility Services
Requested Action:
Recommendation
It is requested that the Board of County Commissioners provide direction to staff as to which means of enforcement should be used to require private property owners to make repairs to leaking sanitary laterals pursuant to Brevard County Code Section 110-68.
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Summary Explanation and Background:
In response to the recent sanitary sewer discharge events due to Hurricane Irma and the recommendations of the Save Our Indian River Lagoon Citizen Oversight Committee, the Utility Services Department has reviewed the various means to reduce sanitary discharges. One proposal is to focus on the reduction of Inflow and Infiltration flow (“I & I”) into Brevard County’s sanitary gravity collection system.
In 2017, Brevard County Utilities Services conducted a smoke testing program that included approximately 12,700 parcels in the Satellite Beach/Indian Harbour Beach service area. Utility Services collaborated with Natural Resources Save Our Indian River Lagoon Program (SOIRL) to incentivize voluntary repair of sewer leaks on private properties. SOIRL mailed grant eligibility notices to all the owners of identified deficiencies. The table below quantifies the deficiencies found by category and the number of owners who completed repairs and were reimbursed with SOIRL funds:
|
Types of Deficiency |
Number of deficiencies |
|
|
Number of repairs |
Number SOIRL Reimbursed |
|
|
Leaking Laterals |
31 |
|
|
4 |
0 |
|
|
Broken Caps |
190 |
|
|
23 |
7 |
|
|
Total |
221 |
|
|
27 |
7 |
|
|
Percent of Total |
100% |
|
|
12% |
3% |
|
There are two components of a sanitary gravity collection system: (1) mainline sewer and (2) sanitary lateral. The mainline sewer is located in the road right-of-way or easements dedicated to the County, and, thus, the County is responsible for the maintenance and costs of any repair to the mainline sewer. In contrast, the sanitary lateral is located predominately on private property (from the right-of-way line to the home/building). Thus, it is the responsibility of the private property owner to maintain and make any repairs to the private portion of the sanitary lateral.
The Department has conducted smoke testing and has identified properties with leaks in sanitary laterals in violation of County Code Section 110-68.
Specifically, Section 110-68 (h) requires that all “connections [with the system] shall be made gastight and watertight.” Section 110-37 provides for the enforcement of Section 110-68 and states that any “person violating this article shall be punished as provided in section 1-7. In addition to any other remedy herein set forth or otherwise provided by law, the County may restrain any violation of this article by suit in a court or administrative body of competent jurisdiction.” Section 1-7 of the County Code provides for the enforcement of County Code via Brevard County Code Enforcement.
Thus, the County has the following options to require private property owners to repair leaking sanitary laterals:
1. Code Enforcement Process - Under this method, Brevard County Code Enforcement would cite properties in violation of Section 110-68 and provide the private property owner(s) time within which to comply. If a private property owner fails to achieve compliance within this timeframe, the case will be brought before the Code Enforcement Special Magistrate. If the Code Enforcement Special Magistrate finds that a violation of the Brevard County Code exists, then an order is entered giving the property owner reasonable time to comply the violation and establishing a daily fine to accrue for noncompliance, which will be recorded as a lien against the property. A daily fine amount of up to $1000.00 per day may be assessed. In addition to the assessed fine amount, there are also costs in the amount of $350 for uncontested cases and $550 for contested cases. Staff seeks direction as to what the Board of County Commissioners would recommend as a daily fine for a continuing violation of Section 110-68. Per Section 162.10, Florida Statutes, a code enforcement lien once recorded will be valid for twenty years.
2. Abatement Code Enforcement Process - Under this method, Brevard County Code Enforcement would cite properties in violation of Section 110-68 and would seek, pursuant to Section 162.06(4) and Section 162.09(1), Florida Statutes, an order from the Special Magistrate finding that the violation presents a serious threat to the public health, safety, and welfare and permitting the County to enter onto the property in order to perform the required repairs. Under this option, the County’s costs of making the repairs would be assessed against the property and would be recorded as a lien. Per Section 162.10, Florida Statutes, a code enforcement lien once recorded will be valid for twenty years.
3. Injunction Process - Under this method, the County would seek an order from the Court granting an injunction to require the private property owner to comply with the Special Magistrate’s Order and Section 110-68 and any other relief deemed appropriate by the Court.
Under Options 1 and 3, the Department would require proof of repair in the form of a receipt and/or affidavit from a licensed plumber showing both the cost and scope of work performed.
Clerk to the Board Instructions:
Mail original Clerk Memo to the Utility Services Department, Attention: Rose Lyons