§ 28-238. Connections with water and sewer systems.

(a)

Connection required. Where service is available, the owner of every lot or parcel of land within the district shall connect or cause the plumbing of any building or buildings thereon to be connected with the district's water and/or sanitary sewer system within one (1) year of notice of availability by the district and shall use the facilities of such system. All such connections shall be made in accordance with the rules and regulations, which shall be adopted from time to time by the board, which said rules and regulations shall provide for a charge for making connections in such reasonable amount as the board may establish. Nothing herein shall affect liability for service charges as provided elsewhere in this division or in other provisions of this Code of Ordinances. The district shall notify the owner of any affected improved lot or parcel of the availability of the central water and/or sewer service. No less than one (1) year prior to the date that a new or extended central water and/or sewer system will become available for affected lots or parcels, the district shall notify the affected owners of the anticipated availability of the central sewer system and shall also notify the owners that connection to the available system(s) is required within one (1) year of the actual availability. Owners of existing buildings shall have the option of paying the amortized value of required connection charges in equal monthly installments over a period not to exceed seven (7) years from the date of the initial notification of present or anticipated availability. For purposes of this subsection, "available" shall have the same meaning as provided by the definition in F.S. § 381.0065(2)(a), or any amended or successor statute, subject only to a determination by the district that supply, treatment and/or conveyance capacity exists or connection is otherwise practicable with respect to any connection.

(b)

Separate connections and sub-metering.

(1)

Each residential unit whether occupying one or more lots and whether it shall occupy any lot or parcel jointly with any other residential unit, up to a total of four (4) residential units, shall be considered a separate unit for payment of water and sanitary sewer fees and charges, and separate connections (water and/or sanitary sewer) and water meters shall be required for each unit. Multi-residential structures with more than four (4) residential units may be considered, at the discretion of the department, to be non-residential for metering and billing purposes and have a master meter servicing all units in the building, in accordance with applicable requirements of this Code.

(2)

If a landlord or condominium association with a master meter chooses to sub-meter individual units within a multi-unit complex, whether residential or commercial, such landlord or condominium association shall not be considered a utility subject to regulation by the county if the landlord or association provides service solely to its own tenants or unit owners without specific compensation for such utility service; or if any resale of services is made at a rate or charge not exceeding the actual purchase price thereof, only when such landlord or association files at least annually with the Hernando County Utility Regulatory Authority a list of charges and rates for all water or wastewater service sold, the source and actual purchase price thereof, and any other information required by the authority to justify the exemption from regulation provided hereunder.

(3)

The department may require a sub-metering agreement defining ownership and responsibility for maintenance of any lines between the point of connection and any sub-meters as a condition for department approval of plans for development. Such agreement may require that the person requesting service with sub-meters demonstrate the financial feasibility of the person or other entity to which maintenance responsibility is assigned and shall provide that the department does not assume any such responsibility.

(c)

Residential irrigation meters prohibited. Due to a concern for conserving Florida's drinking water supply, residential water meters solely for irrigation purposes are prohibited by this division, unless such meters were prepaid and in place on property in the former Florida Water Services Corporation franchised area of Spring Hill prior to February 17, 2004. Any such meters shall be non-conforming facilities and may not be replaced if they cease to be functional.

(d)

Sanitary sewer requirements.

(1)

Every residence and building within the district in which human beings reside, are employed, or congregate shall be required to have a sanitary method of disposing of human excrement, namely a sanitary water closet that is connected either with the district's sanitary sewer system or an approved type of septic tank.

(2)

A septic tank may be used only if the property is more than two hundred (200) feet from a district sanitary sewer transmission line (gravity and/or force main), or the capacity of the district's sanitary sewer transmission line within two hundred (200) feet of the property is deemed inadequate by the department to service the property.

(3)

It shall be unlawful for any person, persons, firm or corporation owning or leasing any premises in the district to permit the disposal of any human excrement on any property leased or rented by any such person, firm or corporation or the agent of any such person, firm or corporation except in a sanitary water closet connected either with the district's sanitary sewer system or a septic tank, as provided above.

(4)

It shall be unlawful for any person, persons, firm or corporation to build or remodel or cause to be built or remodeled any structure used for human habitation or occupancy within the district which is within two hundred (200) feet of a district sanitary sewer transmission line (gravity and/or force main) with adequate capacity to service the structure as determined by the department, without connection to the district's sanitary sewer system.

(5)

No septic tank other than those authorized by the Florida Department of Environmental Protection, Florida Department of Health, or other state or local agency with regulatory jurisdiction shall be constructed within the district. No septic tank shall be constructed within two hundred (200) feet of a district sanitary sewer transmission line (gravity and/or force main), if the capacity of the district's sanitary sewer transmission line has been determined by the department to be adequate to service the structure.

(e)

Exemptions from connection to district systems.

(1)

Water. Those owners of lots or parcels of land which are served by an individual water supply system at the time service is made available by expansion of the district's water system may continue to utilize such individual water supply until such time as the property owner may choose to connect, or the Hernando County Health Department or any state or local agency with regulatory jurisdiction requires connection to the district's water system.

(2)

Sanitary sewer. Those owners of lots or parcels of land where a district sanitary sewer transmission line (gravity and/or force main) is not available, as such term is defined in subsection (a) consistent with applicable state law, at the time a premises is constructed may use an individual septic tank or other onsite wastewater disposal system if and as authorized by the Florida Department of Environmental Protection and permitted and inspected by the Hernando County Health Department.

(3)

Mandatory connection. Connection to district water or sewer lines shall be mandatory for any parcel of land within a district or unit created and authorized by action of the board of county commissioners in which parcel owners are assessed for the cost of constructing such lines by non-ad valorem assessments.

(f)

Crossing private property. This division shall not be construed to require or entitle any person to cross the private property of another to make any such water or sanitary sewer connection.

(g)

Failure to connect.

(1)

If any owner of any lot or parcel of land within the district shall fail and refuse to connect with and use the facilities of the district's water and/or sanitary sewer system within ninety (90) calendar days of written notification so to do by the department or the Hernando County Health Department or other state or local agency with regulatory jurisdiction, as provided above, and no formal proceeding appealing or otherwise challenging such determination has been commenced, then the department shall be authorized to make such connections, entering on or upon any such lot or parcel of land for the purpose of making such connection. The district shall thereupon be entitled to recover the cost of making such connection, together with reasonable penalties and interest and attorney's fees, by suit in any court of competent jurisdiction.

(2)

In addition, and as an alternative means of collecting such costs of making such connections, the district shall have a lien on such lot or parcel of land for such cost, which lien shall be of equal dignity with the lien of state and county and municipal taxes. The district may foreclose such lien in the same manner provided by the laws of Florida for the foreclosure of mortgages upon real estate.

(h)

Connecting substandard plumbing. Whenever it is desirable to connect substandard plumbing with the district's water and/or sanitary sewer systems, and providing water and/or sanitary sewer service is available from the district, the owner or plumber contemplating doing such work shall notify the Hernando County Building Division, which shall provide an inspection of said substandard plumbing and notify the owner or plumber what alterations will be necessary to place said substandard plumbing in an acceptable condition for such connection. Any owner or plumber who shall make any connection of substandard plumbing to the district's systems without the approval of the building division shall be subject to the penalties hereinafter provided.

(i)

Unlawful connection. It shall be unlawful for any person to connect into any water or sanitary sewer line owned by the district without the written consent, direction and supervision of the department in accordance with applicable provisions of the Hernando County Code of Ordinances. Any property owner or plumber who shall make any connection without the consent of the department shall be subject to the penalties hereinafter provided. During any period when a property is not subject to an active account for billing for water or sanitary sewer service, any usage of such services registered by department meters and generated by an unlawful connection or otherwise may be billed to the record owner of the property benefited by such services, unless the department has actual knowledge of the identity of some other person responsible for such usage, who may be billed accordingly. Use of water or sanitary sewer service without an active account with the department for service shall also constitute a violation of this division subject to the penalties set forth in section 28-251 herein.

(j)

Improper sanitary sewer connections. All sanitary sewer laterals or sanitary sewer clean-outs which contain leaks or breaks; uncapped sanitary sewer clean-outs, sump pumps, down spouts or yard drains which discharge into the sanitary sewer system; and all other sources of accidental, negligent or intended introduction of storm run-off or similar waters into the sanitary sewer system are hereby declared to be a public nuisance, and shall be abated by the owner of the property, who is hereby required to remove or correct such improper sanitary sewer connections.

(Ord. No. 2005-19, § 3, 10-18-05; Ord. No. 2006-02, § 1, 2-14-06; Ord. No. 2008-18, § 1, 8-5-08; Ord. No. 2009-02, §§ 1, 2, 4-28-09; Ord. No. 2017-17, § 1, 4-28-17)