§ 54.04. Connection Required.

(A)   Where available, the owner of every lot or parcel of land within the city utility service district developed for public, commercial, office, industrial, warehousing and/or multifamily use(s) shall connect or cause to be connected, with the reclaimed water distribution system.

(B)   Single-family home developments constructed after the effective date of this chapter shall include reclaimed water distribution mains, and shall connect to the system when reclaimed water service becomes available.

(C)   Connection to the system is voluntary for all existing residential customers; however, an availability charge will be assessed where reclaimed water service becomes available.

(D)   All connections shall be made in accordance with policies and regulations adopted by the commission. This provision shall not be construed to entitle any person to cross the property of another to make such connections.

(E)   For the purposes of this chapter, the term “available” or “availability” shall mean contiguous to or within 100 feet of any property line.

(F)   At such time as reclaimed water service becomes available, required connection shall be made within 90 days of notification by the city.

(G)   Upon connection of a lot or parcel of land to the reclaimed water system, returning to potable water connections for irrigation purposes is prohibited.

(H)   Relief.

(1)   Any person affected by the provisions of this section may make application to the City Manager or his designee, for relief if compliance would impose a unique, unnecessary and inequitable hardship on such person. Relief may be granted only upon a demonstration that such hardship is peculiar to the person or the affected property and is not self-imposed, and that the grant of relief will be consistent with the general intent and purpose of this section. Any application for relief or appeal shall be sent by certified mail, return receipt requested.

(2)   Upon receiving an application for relief, the City Manager or his designee shall render a decision on the type of relief, if any, within 20 working days. Denial of the relief may be appealed to the City Commission within 30 days of such person's receipt of the notice of denial.

(3)   An application for relief, and/or the granting of relief, shall operate prospectively, and shall not affect any pending enforcement action against the violator pursuant to the provisions of this section.

(Ord. 2002-65, passed 9-10-02; Am. Ord. 2011-59, passed 7-12-11)