Broward County, Florida, Code of Ordinances >> PART II – CODE OF ORDINANCES >> Chapter 36 – WATER RESOURCES AND MANAGEMENT >>
Chapter 36 WATER RESOURCES AND MANAGEMENT [1] permanent link to this piece of content
ARTICLE I. – IN GENERAL
ARTICLE II. – WATER EMERGENCIES
ARTICLE I. IN GENERAL [2] permanent link to this piece of content
Sec. 36-1. Purposes of chapter; powers of the board of county commissioners.
Sec. 36-2. Definitions.
Sec. 36-3. County department of water resources—Function; establishment.
Sec. 36-4. Same—Personnel.
Sec. 36-5. Same—Powers and duties.
Sec. 36-6. Same—Board of county commissioners authorized to levy ad valorem tax.
Secs. 36-7—36-9. Reserved.
Sec. 36-10. Board of county commissioners to adopt comprehensive water resources management plan.
Sec. 36-11. Water control districts—Functions; establishment.
Secs. 36-12, 36-13. Reserved.
Sec. 36-14. Water control districts—Governing board.
Sec. 36-14.5. Same—Transfer of assets, books and liabilities.
Sec. 36-15. Same—Powers and duties of district and governing board.
Sec. 36-15.5. Same—Powers and duties of district advisory board.
Sec. 36-16. Same—Agreements and operations with other governmental agencies.
Sec. 36-17. Same—Rules and regulations; enforcement.
Sec. 36-18. Same—Financing; district budget.
Sec. 36-19. Same—Imposition of taxes.
Sec. 36-20. Same—Taxing procedure.
Sec. 36-21. Same—Cost of organization and initial expenses.
Sec. 36-22. Same—Land held by trustees of the internal improvement fund; areas not taxed.
Sec. 36-23. Same—Treasurer and depositories.
Sec. 36-24. Same—Investment of funds.
Sec. 36-25. Same—Borrowing money; issuance of bonds.
Sec. 36-26. Same—Disposition of lands and interest in lands; execution of instruments.
Sec. 36-27. Same—District property exempt.
Sec. 36-28. Same—Dissolution.
Secs. 36-29—36-31. Reserved.
Sec. 36-32. Salinity encroachment; emergency.
Sec. 36-33. Salinity Abatement Districts—Function; establishment.
Sec. 36-34. Same—Powers and duties.
Sec. 36-35. Same—Imposition of severance tax.
Sec. 36-36. Same—Declaration of county purpose.
Sec. 36-37. Salinity abatement district of Broward County established; boundaries coextensive with county.
Sec. 36-38. Unlawful to construct, operate or maintain water management works without permit; remedies and penalty.
Sec. 36-39. Intention of the legislature.
Sec. 36-40. Conflicting laws repealed.
Secs. 36-41—36-50. Reserved.
Sec. 36-1. Purposes of chapter; powers of the board of county commissioners.permanent link to this piece of content
For the purpose of establishing a comprehensive program of water resources development and management, and in order to enable the county to adequately provide for drainage and reclamation; protection against flood damage; water supply and irrigation; prevention of salt water intrusion; water pollution abatement; and other allied functions, the Board of County Commissioners of Broward County may, by resolution, exercise any and all of the powers provided for hereinafter, and may establish and dissolve any of the administrative departments or operating agencies provided for herein in accordance with the provisions of this chapter. Upon due consideration it is hereby determined by the Legislature of the State of Florida that water resource development, conservation and management is necessary for the health, welfare, and economic well being of the people of the state and of Broward County, and that the powers and duties authorized under this chapter are a necessary and proper exercise of the state’s and the county’s governmental powers for these purposes.
(Sp. Acts, Ch. 61-1969, § 1)
Sec. 36-2. Definitions.permanent link to this piece of content
(a)
Board. The unqualified word “board” or the phrase “board of county commissioners” means the Board of County Commissioners of Broward County, unless the context requires otherwise.
(b)
Department means the county department of water resources authorized by section 36-3 of this chapter.
(c)
District means a water control district authorized by section 36-11 of this chapter.
(d)
Electors. Whenever the word “electors” is used in this chapter it shall be deemed to mean those persons qualified to vote under the general election laws of the State of Florida in state and county elections.
(e)
Governing board means the board of county commissioners as the duly constituted governing board of a water control district established in accordance with the provisions of this chapter.
(f)
Water management works means any work of man designed or contrived to alter, regulate, control, or in any way affect or modify the natural flow or level of water, whether surface or subterranean in occurrence or origin, and including without limiting the generality thereof: Canals, dams, levees, spillways, locks, culverts, bridges, reservoirs, sluiceways, streams, pumping stations, structures, embankments, roadways, causeways, lakes, dikes, holding basins, floodways, navigation and conservation works and other works and facilities, within the territorial limits of Broward County, Florida. The definition of water management works shall be construed to include the control, use and maintenance of such works as defined hereinbefore.
(Sp. Acts, Ch. 61-1969, § 2; Sp. Acts, Ch. 63-1186, § 1; Sp. Acts, Ch. 73-420, § 1; Ord. No. 79-33, § 1, 5-16-79; Ord. No. 79-93, § 1, 9-19-79)
Sec. 36-3. County department of water resources—Function; establishment.permanent link to this piece of content
In order to effectuate the purposes of this chapter, and to provide an administrative arm of government responsible for the water resources management program at the county level, the board of county commissioners may establish a county department of water resources as an agency of county government. Such agency may be established as a separate department reporting directly to the board, or as a division under an already existing department.
(Sp. Acts, Ch. 61-1969, § 3)
Sec. 36-4. Same—Personnel.permanent link to this piece of content
There shall be a director of the county department of water resources, who shall serve at the pleasure of the board of county commissioners, and who may or may not serve in other capacities in county government as the board shall see fit. Additional personnel for the department may be employed as deemed appropriate.
(Sp. Acts, Ch. 61-1969, § 4)
Sec. 36-5. Same—Powers and duties.permanent link to this piece of content
The powers and duties of the county department of water resources are to:
(1)
Prepare, for adoption by the board of county commissioners, a comprehensive water resources management plan for the county consistent with the purposes of this chapter and recommend such alterations and amendments from time to time as may be necessary;
(2)
Establish standards and criteria for construction and operation of water management works;
(3)
Undertake water management works when and as feasible, consistent with the water resources management plan adopted by the board of county commissioners as provided for in section 36-10 of this chapter;
(4)
Authorize the undertaking of water management works by private and public interests through issuance of permits in accordance with the provisions of section 36-38 hereof, when such works are consistent with the county water resources management plan and are in accordance with the standards and criteria established under subsection (2); provided, however, that any water control district of which the entire county is only a part need not obtain such permits;
(5)
Provide, to the extent feasible, technical assistance in the construction and operation of water management works, when such works are authorized as provided in subsection (4); and provide technical assistance, to the extent feasible, to water control districts established under this chapter;
(6)
Establish effective liaison and coordinate all water resources activity in the county, and ensure that such activities are compatible with the water resources management program of the county and with the program of any multicounty water control district of which the county is a part.
(Sp. Acts, Ch. 61-1969, § 5; Sp. Acts, Ch. 71-562, § 1; Ord. No. 79-33, § 1, 5-16-79)
Sec. 36-6. Same—Board of county commissioners authorized to levy ad valorem tax.permanent link to this piece of content
In order to provide funds to defray the costs and expenses of maintaining the county department of water resources, and to pay the costs and expenses incident to countywide engineering surveys, studies, and planning (including a water resources master plan for the entire county), and to pay the costs of any elections held pursuant to this chapter, and to advance funds necessary for the organization of any district, said funds to be secured and repaid by any such district as provided by section 36-21 hereof, the board of county commissioners may levy, in addition to all other taxes provided by this chapter or any other act, a uniform ad valorem tax on all taxable property in the county as assessed for county tax purposes, not to exceed one-fourth of a mill on the dollar.
(Sp. Acts, Ch. 61-1969, § 6)
Secs. 36-7—36-9. Reserved.permanent link to this piece of content
Editor’s note—
Sections 36-7—36-9, relating to county water resources advisory board, were repealed by §§ 1—3 of Ord. No. 92-27, adopted Sept. 8, 1992, effective Sept. 18, 1992. The duties of this board have been assumed by the water advisory board, § 1-383 et seq. These sections were formerly derived from ch. 61-19, §§ 7—9, Laws of Fla.; ch. 63-1186, Laws of Fla.; ch. 73-420, § 2, Laws of Fla., and Ord. Nos. 76-15 and 79-36.
Sec. 36-10. Board of county commissioners to adopt comprehensive water resources management plan.permanent link to this piece of content
The board of county commissioners, after receiving the recommendations of the county water resources management division and the county water advisory board, if any, and after holding such hearings and obtaining such other information on the question as the board shall deem necessary or desirable, shall adopt by resolution a comprehensive water resources management plan for the county. Such plan may be amended by resolution from time to time as necessary in order to carry out the purposes of this chapter. A copy of all such resolutions as certified by the board of county commissioners, together with any pertinent maps, drawings, diagrams, schedules or other related materials deemed helpful to an understanding of such resolutions, shall be transmitted to the county comptroller for filing in an appropriate book of record.
(Sp. Acts, Ch. 61-1969, § 10; Sp. Acts, Ch. 73-420, § 10; Ord. No. 92-37, § 4, 9-8-92)
Cross reference— Water advisory board, § 1-383 et seq.
Sec. 36-11. Water control districts—Functions; establishment.permanent link to this piece of content
In order to effectuate the purposes of this chapter, and to provide a unit of government to carry out the actual construction and operation of water management works in accordance with the comprehensive water resources management plan of the county, the board of county commissioners is authorized to create, by ordinance after notice and public hearing, one (1) or more water management districts within the county. Water management districts existing prior to the effective date of this section [October 2, 1979] shall not be affected except as provided by subsection (a) of section 36-14.5 hereof.
(Sp. Acts, Ch. 61-1969, § 11; Ord. No. 79-33, § 1, 5-16-79; Ord. No. 79-93, § 2, 9-19-79)
Secs. 36-12, 36-13. Reserved.permanent link to this piece of content
Editor’s note—
Section 36-12, relating to initiation and order for referendum, derived from Sp. Acts, ch. 61-1969, § 12, Sp. Acts, ch. 73-420, § 3, and Ord. No. 79-33, § 1, adopted May 16, 1979, and § 36-13, regulating the referendum, derived from Sp. Acts, ch. 61-1969, § 13, Sp. Acts, ch. 73-420, § 4, and Sp. Acts, ch. 74-446, § 1, were repealed by §§ 3, 4, respectively, of Ord. No. 79-93, adopted Sept. 19, 1979.
Sec. 36-14. Water control districts—Governing board.permanent link to this piece of content
(a)
The governing board of each district created under this article shall be the board of county commissioners. In order to assist the governing board of each district, there shall be a water management district advisory board, which shall consist of three (3) persons, including a chairman, who shall be so designated by the advisory board.
(b)
Each member of a district advisory board shall reside or own real property within the district and shall be appointed as provided hereinafter. Each member who is currently serving in an elective capacity shall become a member of the district advisory board and shall serve for the remaining term of his office. Thereafter, the board of county commissioners shall appoint each member of the district advisory board to terms of office of two (2) years. On initial appointments, one (1) of the three (3) appointed members of each district advisory board shall serve a term of one (1) year; and any remaining appointments shall be for two (2) years, so as to create terms which expire in alternating years. The board shall appoint such members as are necessary to fill expired terms of a district advisory board. When a vacancy occurs for any reason other than expiration of the term of an appointed member of a district advisory board, such vacancy shall be filled for the remainder of the term by the board of county commissioners. This subsection shall apply notwithstanding any other provision of county ordinance.
(c)
The director of the county department of water resources shall be ex officio executive secretary to the district advisory board.
(d)
The members of the district advisory board and the executive secretary shall receive no compensation for their services in such capacities, except that they shall be reimbursed by the district for all expenses incurred in the performance of their duties, which reimbursement may be for the actual amounts expended or, for travel or per diem, at state rates.
(e)
The governing [district advisory] board of the district is hereby authorized to employ such engineers, attorneys, other professional persons, and such personnel and assistants as the governing board may deem necessary, under such terms and conditions as it may determine, and to terminate such employment.
(Sp. Acts, Ch. 61-1969, § 14; Sp. Acts, Ch. 73-420, § 5; Sp. Acts, Ch. 74-446, § 2; Ord. No. 79-33, § 1, 5-16-79; Ord. No. 79-93, §§ 5, 6, 9-19-79; Ord. No. 80-31, § 1, 4-16-80)
Editor’s note—
Section 6 of Ord. No. 79-93, adopted Sept. 19, 1979, amended § 36-14 by repealing subsections (b), (c) and (d), creating a new subsection (b), and redesignating subsections (e) and (f) as (c) and (d). It did not, however, address subsection (g) in any way. In order to maintain the correct sequence, the editor has redesignated subsection (g) as (e), inserting the bracketed term as being similar to substantive changes made in new subsections (b)—(d).
Sec. 36-14.5. Same—Transfer of assets, books and liabilities.permanent link to this piece of content
(a)
The governing body of any water management district created pursuant to chapter 61-169, Laws of Florida, as amended, may elect to dissolve or abolish the district and transfer the powers, duties, obligations and functions thereof to the board of county commissioners. The board of county commissioners shall, upon resolution of the governing body of a water management district, transfer to Broward County any or all powers, duties, responsibilities, obligations and functions to be performed by Broward County on behalf of the district. Any water management district electing to transfer as provided hereunder shall give to the board of county commissioners one hundred twenty (120) days notice of said election. Any district electing to transfer as provided by this subsection shall be structured or altered to, and shall, comply with provisions of this article.
(b)
All of the personal assets, books and records belonging to the district, including but not limited to all personal property, and all rights and interests therein, belonging to said district shall be transferred to the board of county commissioners as the governing board of the district. All assets, including real property, and all rights and interests therein, including all easements and rights-of-way belonging to said district, shall continue and be under the jurisdiction of the board of county commissioners as the governing board of each district. The district shall pay over any moneys of said district to the board of county commissioners to be held in a separate fund for the operation of the district.
(c)
All contracts and agreements entered into, to which the district or its former governing board are parties, shall remain in force and effect. The board of county commissioners, as governing board, shall be substituted for the former governing board as party to such contracts and agreements. The board shall be entitled to all benefits and subject to all liabilities under such contracts and agreements and shall have the same right and liability to perform, to require performance, and to modify or terminate such contracts and agreements, by mutual consent or otherwise, as the prior substituted party would have had.
(d)
The transfer accomplished hereunder shall not affect the lien of any judgment entered under the provisions of this chapter, nor the pendency of any action instituted under the provisions of this chapter; and the board shall acquire all the rights and obligations of the district or former governing board as to such liens and actions.
(e)
In no event shall any indebtedness of the district be paid from or become the liability of funds or moneys of Broward County.
(Ord. No. 79-93, § 7, 9-19-79)
Sec. 36-15. Same—Powers and duties of district and governing board.permanent link to this piece of content
(a)
General. The water control district established under the provisions of this chapter shall constitute a public body corporate and politic, exercising public powers, and such district and the governing board thereof shall have the usual powers and duties incident to such bodies, and also the following powers, in addition to all other granted in other sections of this chapter (provided, however, that in the exercise of any of the powers and duties authorized under this chapter, the district may undertake only such activities as are consistent with the comprehensive water management plan adopted by the county):
(1)
To sue and be sued; to make contracts; to adopt and use a common seal and to alter the same as may be deemed expedient; to buy, acquire, sell, own, use, control, operate, improve, and lease all land and personal property as the governing board may deem necessary or proper in carrying out the provisions of this chapter; to pay all necessary costs and expenses incident to the administration and operation of the district, and to pay all other costs and expenses reasonably necessary or expedient in carrying out and accomplishing the purposes of this chapter; to do any and all other acts and things hereinafter authorized or required to be done; and to do any and all things, whether or not included in the enumerated powers of this chapter, necessary to accomplish the purposes of this chapter.
(2)
To acquire by purchase, gift, lease, condemnation or eminent domain or any other manner, such lands as may be reasonably necessary for constructing and maintaining the works and making the improvements required to carry out the intent of this chapter, including, without limiting the meaning of the foregoing general terms, the right to acquire by condemnation or eminent domain such lands and any interest therein, reasonably necessary for any such purpose that may already be devoted to public use for county, municipal, district, railroad or public utility purposes where and to the extent that the same may cross, intersect or be situate upon or within the area of such land hereinbefore referred to; and the district shall also have the right to acquire by purchase, gift, lease, condemnation or eminent domain, or in any other manner, land, timber, earth, rock and other materials or property, and property rights, including riparian rights, in such amounts as may be reasonably necessary or useful in the development of the works or improvements before referred to. Condemnation or eminent domain proceedings shall be maintained by and in the name of the district, and the procedure shall be, except insofar as is altered hereby, that prescribed for use by counties in Florida.
(3)
To take, exclusively occupy, use and possess, but only with the express consent of the trustees of the internal improvement fund, and only insofar as may be necessary for carrying out the provisions of this chapter, any areas of land owned by the State of Florida, and within the territorial extent of the district, not in use for state purposes, including, without limiting the foregoing general terms, swamps and overflowed lands, bottoms of streams, lakes and rivers, and the riparian rights thereto pertaining, and, when so taken and occupied, due notice of such taking and occupancy having been filed with the trustees of the internal improvement fund of the State of Florida by the district, such areas of land are hereby granted to and shall be the property of the district. For the purposes of this section, the meaning of the term “use” shall include the removal of material from and the placing of material on any such land. In case it shall be held by any court of competent jurisdiction that there are any lands owned by the State of Florida which may not be so granted, then the provisions of this section shall continue in full force and effect as to all other lands owned by the State of Florida and granted to the district hereunder. The provisions of this section are subject to all laws and regulations of the United States of America with respect to navigable waters.
(4)
To take possession of and control and use and operate and maintain all streams, lakes and canals, dams, locks, levees, dikes, sluiceways, reservoirs, holding basins, floodways, pumping stations, buildings, bridges, highways, navigation and conservation works and other works and facilities, within the territorial limits of the district, to the extent only that such possession, control and use shall be deemed by the governing board, in its sole discretion, to be useful and necessary in carrying out the purposes of this chapter; to enlarge, change, modify or improve any stream, lake or canal within the territorial limits of the district and to clean out, straighten, enlarge or change the course of any waterway or canal, natural or artificial, within the territorial limits of the district; to provide such canals, locks, levees, dikes, dams, sluiceways, reservoirs, holding basins, floodways, pumping stations, buildings, bridges, highways and other works and facilities which the governing board may deem necessary; to cross any highway or railway with works of said district; remove any building or other obstruction necessary for the construction, maintenance and operation of said works; provided that all such activities of the district shall be subject to the rights of persons, firms and corporations, and the rights or municipalities, counties, districts, and political bodies of the State of Florida (which rights may be acquired by the district by condemnation or eminent domain as provided for by this chapter). And provided further that the provisions of this section are subject to all laws and regulations of the United States of America with respect to navigable waters.
(5)
To operate and maintain any and all works and improvements of the district.
(b)
Assessable improvements; levy and payment of special assessments; assessment bonds and certificates. The district may provide for the construction or reconstruction of assessable improvements, and for the levying of special assessments upon benefited property for the payment thereof, under the provisions of this section.
(1)
The initial proceeding under this section shall be the passage by the governing board of a resolution ordering the construction or reconstruction of such assessable improvements, indicating the location by terminal points, routes or otherwise, and either giving a description of the improvements by their material, nature, character and size or giving two (2) or more descriptions with the directions that the material, nature, character and size shall be subsequently determined in conformity with one of such descriptions. Assessable improvements need not be continuous and may be in more than one locality or street. The resolution ordering any such improvement may give any short and convenient designation to each improvement ordered thereby, and the property against which assessments are to be made for the cost of such improvement may be designated as an assessment district, followed by a letter or number or name to distinguish it from other assessment districts, after which it shall be sufficient to refer to such improvement and property by such designation in all proceedings and assessments, except in the notices required by this section.
(2)
As soon as possible after the passage of such resolution the engineer for the district shall prepare in duplicate plans and specifications for each improvement ordered thereby and an estimate of the cost thereof. Such cost shall include, in addition to the items of cost as defined in this chapter, the cost of relaying streets, sidewalks and other public facilities or conveniences necessarily torn up or damaged and the following items of incidental expenses:
a.
Printing and publishing notices and proceedings;
b.
Costs of abstracts of title; and
c.
Any other expense necessary or proper in conducting the proceedings and work provided for in this section, including the estimated amount of discount, if any, upon the sale of assessment bonds or any other obligations issued hereunder for which such special assessments are to be pledged. If the resolution shall provide alternative descriptions of material, nature, character and size, such estimate shall include an estimate of the cost of the improvement of each such description.
If the district is to pay any portion of the cost of the construction or reconstruction, the engineer shall also prepare in duplicate a tentative apportionment of the estimated total cost of the improvement as between the district and each lot or parcel of land subject to special assessment under the resolution, such apportionment to be made in accordance with the provisions of the resolution and in relation to apportionment of cost provided herein for the preliminary assessment roll. Such tentative apportionment of total estimated cost shall not be held to limit or restrict the duties of the engineer in the preparation of such preliminary assessment roll. One of the duplicates of such plans, specifications and estimates and such tentative apportionment shall be filed with the governing board and the other duplicate shall be retained by the engineer in his files, all thereof to remain open to public inspection.
(3)
The governing board upon the filing with it of such plans, specifications, estimates and tentative apportionment of cost shall publish once in a newspaper or newspapers published or of general circulation in Broward County a notice stating that at a meeting of the governing board on a certain day and hour, not earlier than fifteen (15) days from such publication, the governing board will hear objections of all interested persons to the confirmation of such resolution, which notice shall state in brief and general terms a description of the proposed assessable improvements with the location thereof, and shall also state that plans, specifications, estimates and tentative apportionment of cost thereof are on file with the governing board. The governing board shall keep record in which shall be inscribed, at the request of any person, firm or corporation having or claiming to have any interest in any lot or parcel of land or property, the name and post-office address of such person, firm or corporation, together with a brief description or designation of such lot or parcel, and it shall be the duty of the governing board to mail a copy of such notice to such person, firm or corporation at such address, at least ten (10) days before the time for the hearing as stated in such notice, but the failure of the governing board to keep such record or so to inscribe any name or address or to mail any such notice shall not constitute a valid objection to holding the hearing as provided in this section or to any other action taken under the authority of this section.
(4)
At the time named in such notice, or to which an adjournment may be taken by the governing board, the governing board shall receive any objections of interested persons and may then or thereafter repeal or confirm such resolution with such amendments, if any, as may be desired by the governing board and which do not cause any additional property to be specially assessed.
(5)
All objections to any such resolution on the ground that it contains items which cannot be properly assessed against property, or that it is, for any default or defect in the passage or character of the resolution or the plans or specifications or estimates, void or voidable in whole or in part, or that it exceeds the power of the governing board, shall be made in writing in person or by attorney, and filed with the governing board at or before the time or adjourned time of such hearing. Any objections against the making of any assessable improvements not so made shall be considered as waived, and if any objection shall be made and overruled or shall not be sustained, the confirmation of the resolution shall be the final adjudication of the issues presented unless proper steps shall be taken in the Circuit Court for the Seventeenth Circuit to secure relief within twenty (20) days.
(6)
Whenever any resolution providing for the construction or reconstruction of assessable improvements and for the levying of special assessments upon benefited property for the payment thereof shall have been confirmed, as hereinabove provided, or at any time thereafter, the governing board may issue assessment bonds payable out of such assessments when collected. Said bonds shall mature not later than two (2) years after the last installment in which said special assessments may be paid, as provided in subsection (10), and shall bear interest at not exceeding eight (8) per cent per annum. Such assessment bonds shall be executed, shall have such provisions for redemption prior to maturity, shall be sold in the manner and be subject to all of the applicable provisions contained in this chapter for revenue bonds, except as the same are inconsistent with the provisions of this section. The amount of such assessment bonds for any assessable improvement to be issued, after the confirmation of the preliminary assessment roll provided for in subsection (9), including any assessment bonds theretofore issued, shall not exceed the amount of special assessments actually confirmed and levied by the governing board as provided in subsection (9). Such assessment bonds shall be payable from the proceeds of the special assessments levied for the assessable improvement for which such assessment bonds are issued; provided, however, that the district may also pledge the full faith and credit of the district for the payment of the principal of and interest on such assessment bonds if the issuance of such assessment bonds shall be approved in the manner provided by law.
(7)
After the passage of the resolution authorizing the construction or reconstruction of assessable improvements has been confirmed as provided in subsection (4), the district may proceed with the construction or reconstruction work in accordance with the provisions of this chapter. Promptly after the completion of the work, the engineer for the district, who is hereby designated as the official of the district to make preliminary assessment of benefits from assessable improvements, shall prepare a preliminary assessment roll and file the same with the governing board, which roll shall contain the following:
a.
A description of the lots and parcels of land or property within the district which will benefit from such assessable improvements and the amount of such benefits to each such lot or parcel of land or property, and the preliminary assessment. Such lots and parcels shall include the property of the county or counties and any school district or other political subdivision within the district. There shall also be given the name of the owner of record of each lot or parcel where practicable, and a statement of the method of assessment used by such engineer.
b.
The total cost of the improvement and the amount of incidental expense.
In making such preliminary assessments the engineer may use any method of determining the amount of special benefits accruing to each lot or parcel of land or property from such assessable improvements as shall be approved by the governing board. Such special benefits may be based on an acreage assessment where benefits from such assessable improvements are equal or nearly equal for lands or property in a particular area, front footage, or any other factors which the governing board deems fair and equitable as between the different lots or parcels of land or property benefited. It shall be the duty of the engineer in making such preliminary assessment roll to view all lots or parcels of land or property to be assessed, and to determine, for the preliminary assessment roll, the amount of benefit which each lot or parcel of land or property will receive from such assessable improvements, under the method or methods prescribed by the board of supervisors, or any combination thereof.
(8)
The preliminary roll shall be advisory only and shall be subject to the action of the governing board as hereinafter provided. Upon the filing with the governing board of the preliminary assessment roll, the governing board shall publish at least once in a newspaper or newspapers published or of general circulation within Broward County, a notice stating that at a meeting of the governing board to be held on a certain day and hour, not less than fifteen (15) days from the date of such publication, which meeting may be a regular, adjourned or special meeting, all interested persons may appear and file written objections to the confirmation of such roll. Such notice shall state the class of the assessable improvements and the location thereof by terminal points, route or otherwise. The governing board shall also mail a copy of such notice to the persons, firms or corporations referred to in subsection (3) at least ten (10) days before the time for the meeting as stated in such notice, but the failure of the governing board to mail any such notice shall not constitute a valid objection to holding such meeting or to any other action taken under the authority of this section.
(9)
At the time and place stated in such notice the governing board shall meet and receive the objections in writing of all interested persons as stated in such notice. The governing board may adjourn the hearing from time to time. After the completion thereof the governing board shall either annul or sustain or modify in whole or in part the preliminary assessment as indicated on such roll, either by confirming the preliminary assessment against any or all lots or parcels described therein or by canceling, increasing or reducing the same, according to the special benefits which the governing board decides each such lot or parcel has received or will receive on account of such improvement. If any property which may be chargeable under this section shall have been omitted from the preliminary roll, or if the preliminary assessment shall not have been made against it, the board may place on such roll an apportionment to such property. The governing board shall not confirm any assessments in excess of the special benefits to the property assessed, and the assessments so confirmed shall be in proportion to the special benefits. The assessments so made shall be final and conclusive as to each lot or parcel assessed unless proper steps so taken within thirty (30) days in the Circuit Court for the Seventeenth Circuit to secure relief. If the assessment against any property shall be sustained or reduced or abated by the court, the governing board shall note that fact on the assessment roll opposite the description of the property affected thereby. The amount of the special assessment against any lot or parcel which may be reduced or abated by the court, unless the assessment upon the entire district be reduced or abated, or the amount by which such assessment is so reduced or abated, may by resolution of the governing board be made chargeable against the district at large; or, at the discretion of the governing board, a new assessment roll may be prepared and confirmed in the manner hereinabove provided for the preparation and confirmation of the original assessment roll.
(10)
Any assessment may be paid at the office of the governing board within sixty (60) days after the confirmation thereof, without interest. Thereafter all assessment shall be payable at such times, over such period of years not exceeding twenty (20) years, and in such annual or other installments, with interest at such rate not exceeding eight (8) per cent per annum on the principal amount of such assessments from the expiration of said sixty (60) days, as the governing board shall determine by resolution. The governing board may provide that any assessment may be paid at any time before due, together with interest accrued thereon to the date of prepayment, if such prior payment shall be permitted by the proceedings authorizing any assessment bonds or other obligations for the payment of which such special assessments have been pledged.
(11)
All such special assessments levied pursuant to this act may, in the discretion of the governing board, be collected by the tax collector of the county at the same time as the general county taxes are collected by the tax collector of the county, and the governing board shall, in such event, certify to the county tax collector in each year a list of all such special assessments and a description of and names of the owners of the properties against which such special assessments have been levied and the amounts due thereon in such year and interest thereon and any deficiencies for prior years. The amount to be so certified by the governing board to the county tax collector to be collected in such year may include, in the discretion of the governing board, the principal installment of such special assessments which will become due at any time in the next succeeding fiscal year, and all or any part of the interest which will become due on such special assessments during such next fiscal year, together with any deficiencies for prior years.
(12)
All assessments shall constitute a lien upon the property so assessed from the date of confirmation of the resolution ordering the improvement, of the same nature and to the same extent as the lien for general county taxes falling due in the same year or years in which such assessments or installments thereof fall due, and any assessment or installment not paid when due shall be collectible with such interest and with a reasonable attorney’s fee and costs, but without penalties, by the district by proceedings in the Circuit Court for the Seventeenth Circuit to foreclose the lien of assessments as a lien for mortgages is or may be foreclosed under the laws of the state; provided that any such proceedings to foreclose shall embrace all installments of principal remaining unpaid with accrued interest thereon, which installments shall, by virtue of the institution of such proceedings, immediately become due and payable. Nevertheless, if prior to any sale of the property under decree of foreclosure in such proceedings, payment be made of the installments or installments which are shown to be due under the provisions of the resolution passed pursuant to subsection (9) and by subsection (10), and all costs including interest and attorney’s fees, such payment shall have the effect of restoring the remaining installments to their original maturities, and the proceedings shall be dismissed. It shall be the duty of the district to enforce the prompt collection of assessments by the means herein provided, and such duty may be enforced at the suit of any holder of bonds issued under this chapter in the Circuit Court for the Seventeenth Circuit by mandamus or other appropriate proceedings or action. Not later than thirty (30) days after any installments are due and payable, it shall be the duty of the governing board to direct the attorney or attorneys whom the governing board shall then designate to institute action within two (2) months after such direction to enforce the collection of all special assessments for assessable improvements made under this section and remaining due and unpaid at the time of such direction. Such action shall be prosecuted in a manner and under the conditions in and under which mortgages are foreclosed under the laws of the state. It shall be lawful to join in one action the collection of assessments against any or all property assessed by virtue of the same assessment roll unless the court shall deem such joinder prejudicial to the interests of any defendant. The court shall allow a reasonable attorney’s fee for the attorney or attorneys of the district, and the same shall be collectible as a part of or in addition to the costs of the action. At the sale pursuant to judgment in any such action, the district may be a purchaser to the same extent as an individual person or corporation, except that the part of the purchase price represented by the assessments sued upon and the interest thereon need not be paid in cash. Property so acquired by the district may be sold or otherwise disposed of, the proceeds of such disposition to be placed in the fund provided by subsection (13) of this section; provided, however, that no sale or other disposition thereof shall be made unless the notice calling for bids therefor to be received at a stated time and place shall have been published at least once in a newspaper or newspapers published or of general circulation in Broward County.
(13)
All assessments and charges made under the provisions of this section for the payment of all or any part of the cost of any assessable improvements for which assessment bonds shall have been issued under the provisions of this chapter, or which have been pledged as additional security for any other bonds or obligations issued under this chapter, shall be maintained in a special fund or funds and be used only for the payment of principal of or interest on such assessment bonds or other bonds or obligations.
(14)
Broward County and each school district and other political subdivision wholly or partly within the district shall possess the same power and be subject to the same duties and liabilities in respect of the special assessments under this section affecting the real estate of such county, school district or other political subdivision which private owners of real estate possess or are subject to hereunder, and such real estate of any such county, school district and political subdivision shall be subject to liens for said assessments in all cases where the same property would be subject to such liens had it at the time the lien attached been owned by a private owner.
(15)
Subject to the terms of any bonds or other obligation payable from or secured by the assessments provided for herein, the governing board may at any time and from time to time modify, in whole or in part, or revoke any plan or specification for any assessable improvement. In connection with the revision of any such plan or specification, benefits may be reassessed or additional assessments made in accordance with the provisions and procedures of this section. The governing board may at any time approve and make effective technical changes and modifications of any plan for any improvement not affecting the determination of assessed benefits or the security of bond owners.
(c)
Issuance of certificates of indebtedness based on assessments for assessable improvements;
assessment bonds.(1)
The governing board may, after any assessments for assessable improvements are made, determined and confirmed as provided in section 36-6, issue certificates of indebtedness for the amount so assessed against the abutting property or property otherwise benefited, as the case may be, and separate certificates shall be issued against each part or parcel of land assessed, which certificates shall state the general nature of the improvement for which the said assessment is made. Said certificates shall be payable in annual installments in accordance with the installments of the special assessments for which they are issued. The governing board may determine the interest to be borne by such certificates at a rate no greater than eight (8) per centum per annum, and may sell such certificates at either private or public sale and determine the form, manner of execution and other details of such certificates. Such certificates shall recite that they are payable only from the special assessments levied and collected from the part or parcel of land against which they are issued. The proceeds of such certificates may be pledged for the payment of principal of and interest on any revenue bonds or assessment bonds issued to finance in whole or in part such assessable improvements.
(2)
The governing board may also issue assessment bonds or other obligations payable from a special fund into which such certificates of indebtedness referred to in the preceding paragraph may be deposited; or, if such certificates of indebtedness have not been issued, the governing board may assign to such special fund for the benefit of the holders of such assessment bonds or other obligations, or to a trustee for such bondholders, the assessment liens provided for in section 36-6, unless such certificates of indebtedness or assessment liens have been theretofore pledged for any bonds or other obligations authorized hereunder. In the event of the creation of such special fund and the issuance of such assessment bonds or other obligations, the proceeds of such certificates of indebtedness or assessment liens deposited therein shall be used only for the payment of the assessment bonds or other obligations issued as provided in this section 36-7. The governing board is hereby authorized to covenant with the holders of such assessment bonds or other obligations that it will diligently and faithfully enforce and collect all the special assessments and interest and penalties thereon for which such certificates of indebtedness or assessment liens have been deposited in or assigned to such fund, and to foreclose such assessment liens so assigned to such special fund or represented by the certificates of indebtedness deposited in said special fund, after such assessment liens have become delinquent and deposit the proceeds derived from such foreclosure, including interest and penalties, in such special fund, and to further make any other necessary covenants deemed necessary or advisable in order to properly secure the holders of such assessment bonds or other obligations.
(3)
All assessment bonds or other obligations issued under the provisions of this chapter, except certificates of indebtedness issued against separate parcels of land as provided in this section, shall be and constitute and have all the qualities and incidents of negotiable instruments under the law merchant and the Uniform Commercial Code.
(d)
All revenue bonds and assessments issued pursuant to this chapter shall be and constitute legal investments for state, county, municipal and all other public funds and for banks, savings banks, insurance companies, executors, administrators, trustees and all other fiduciaries, and shall also be and constitute securities eligible as collateral security for all state, county, municipal or other public funds.
(e)
The governing board is authorized to enter into agreements for the delivery of any revenue bonds or assessment bonds at one time or from time to time as full or partial payment for the services of any engineer or work done by any contractor who may have been retained or hired or been awarded a contract for the construction of all or any part of a water system; provided, however, that any such bonds so delivered for payment of such services or work performed shall have been authorized and issued in the manner provided in this chapter and shall otherwise conform to the provisions hereof.
(f)
Any contract entered into by the county shall be deemed to have been made for the benefit of any holders of bonds issued pursuant to this chapter to the extent necessary, and the terms of any such contract shall be enforceable by such bondholders in any appropriate legal proceeding. Any such contract if made with another public body or municipality shall be enforceable without the requirement of formal consideration.
(g)
As used in this chapter, the following words and terms shall have the following meanings, unless some other meaning is plainly intended:
(1)
Cost shall include the cost of construction or reconstruction, acquisition or purchase, the cost of labor, materials, machinery and equipment, cost of all lands and interests therein, property, rights, easements and franchises of any nature whatsoever, financing charges, interest prior to and during construction or acquisition and for not more than two (2) years after completion of the construction or acquisition, the creation of initial reserve funds for debt service, working capital for a reasonable period after such construction or acquisition, bond discount, cost of plans and specifications, surveys and estimates of costs and revenues, cost of engineering, financial and legal services, and all other expenses necessary or incidental in determining the feasibility or practicality of such construction, reconstruction or acquisitions; administrative expenses and such other expenses as may be necessary or incidental to the financing authorized by this chapter, and including reimbursement of the county or any other person, firm or corporation for any monies advanced in connection with any of the foregoing items of cost.
(2)
Assessable improvements shall mean that portion or portions of any facility or undertaking which the district is empowered to make or do of a local nature and of benefit to the premises or lands served thereby.
(3)
Assessment bonds shall mean bonds or other obligations secured by and payable from special assessments levied against benefited lands pursuant to this chapter.
(Sp. Acts, Ch. 61-1969, § 15; Sp. Acts, Ch. 71-581, § 1; Ord. No. 79-33, § 1, 5-16-79)
Sec. 36-15.5. Same—Powers and duties of district advisory board.permanent link to this piece of content
The water management district advisory board shall have all the powers and duties granted to it under this and other sections of this chapter and may undertake such activities as are consistent with the comprehensive water management plan adopted by the county. The powers and duties of the district advisory board are to:
(1)
Review and propose contracts; review and make recommendations concerning proposals for buying, acquiring, selling, owning, using, controlling, operating, improving and leasing all land and personal property as the governing board may deem necessary or proper in carrying out the provisions of this chapter; do any and all other acts and things authorized or required to be done as an advisory board of the water management district; and do any and all things, whether or not included in the enumerated powers of this chapter, necessary to accomplish the purposes for which it is created.
(2)
Prepare a proposed budget to be submitted to the board for its approval prior to August fifteenth of each year. The proposed budget shall include an estimate of all necessary expenditures of the district for the next ensuing fiscal year and an estimate of income to the district from the taxes and assessments provided for pursuant to this article. The advisory board shall hold a public hearing on such proposed budget. Notice of the hearing of the budget shall be published in a newspaper of general circulation within the district in Broward County, Florida, once a week for two (2) consecutive weeks; providing that the first publication shall be not less than fifteen (15) days prior to the date of the hearing. The notice shall further contain a designation of the date, time and place of the public hearing. The procedures and requirements for adoption of the budget by the governing board shall be in accordance with the procedures and requirements of law for the adoption of the county’s budget and as established by Broward County for municipal service taxing units.
(3)
Act for the governing board in such matters regarding the district as the governing board may authorize.
(Ord. No. 79-93, § 8, 9-19-79)
Sec. 36-16. Same—Agreements and operations with other governmental agencies.permanent link to this piece of content
(a)
All counties, municipalities, districts, governmental bodies and governmental subdivisions of the State of Florida are hereby severally authorized to grant, convey, transfer to and permit the use of by the district upon such terms and conditions as are agreeable to the governing bodies thereof real and personal property belonging to them or any of them, that may be necessary or useful to the district in carrying out the purposes of this chapter.
(b)
The governing board shall have the power to enter into any agreement or contract with the federal government or the State of Florida, or any agency, governmental subdivision or instrumentality of either, and counties, municipalities and taxing districts for the purpose of carrying out, or which in the judgment of the governing board may assist it in carrying out, the purposes of this chapter.
(c)
The district may permit governing bodies of water control districts, drainage and other improvement districts, and federal, state and local governments, authorities or agencies to operate and maintain the works of the district under conditions which the governing board may deem advisable.
(d)
The governing board shall have authority to prescribe the manner in which local works provided by other districts or by private persons shall connect with and make use of the works of the district, to issue permits therefor, and to cancel the same for noncompliance with the conditions thereof, or for other causes. It shall be unlawful to connect with or make use of the works of said district without consent in writing from its governing board, and said governing board shall have authority to prevent, or if done to stop or terminate the same.
(e)
The district may acquire or take over for operation and maintenance such works of other districts as the governing board may deem advisable under agreement with such district.
(Sp. Act, Ch. 61-1969, § 16; Ord. No. 79-33, § 1, 5-16-79)
Sec. 36-17. Same—Rules and regulations; enforcement.permanent link to this piece of content
In administering this chapter the governing board is authorized to make and adopt reasonable rules, regulations and orders consistent with law; and such rules, regulations and orders may be enforced by mandatory injunction, or other appropriate action in the courts of the state.
(Sp. Acts, Ch. 61-1969, § 17)
Sec. 36-18. Same—Financing; district budget.permanent link to this piece of content
The board of county commissioners shall annually adopt a budget for each water management district in accordance with the procedures prescribed by Chapter 129, F.S. and any and all other statutes for the adoption of budgets by counties.
(Sp. Acts, Ch. 61-1961, § 18; Ord. No. 79-93, § 9, 9-19-79)
Sec. 36-19. Same—Imposition of taxes.permanent link to this piece of content
The general operations, maintenance and administration of the district, and the cost of construction undertaken by the district, including debt service (hereinafter referred to collectively as the district works), shall be financed through an ad valorem tax on the property benefited by the district’s works in proportion to the benefits received, as determined under the provisions of this chapter. The procedure for determining and obtaining such taxes shall be as provided hereinafter; provided that failure on the part of a state or local officer, other than the members of the governing board, to comply with the provisions of this chapter shall not prevent the governing board from levying the taxes as set forth herein.
(Sp. Acts, Ch. 61-1969, § 19)
Sec. 36-20. Same—Taxing procedure.permanent link to this piece of content
(a)
The county tax assessor shall annually, immediately after the tax assessment roll of the county has been reviewed and equalized by the board of county commissioners, report to the governing board the assessed valuation of all taxable real and personal property in the district, including, on the basis of the report of the comptroller of the State of Florida, the assessed valuation of all railroad lines, railroad property, telephone and telegraph lines, and telephone and telegraph property and all other taxable property lying within the district over which the comptroller has jurisdiction for valuation or assessment purposes. The sum of all assessments of the property within the district so reported by the county tax assessor shall be the assessed value of taxable property of the district for that year for the purpose of district taxes and taxation under the provisions of this chapter.
(b)
The governing board shall thereupon by resolution fix and determine the distribution of the benefits tax which, when levied, will raise the total amount to be raised by taxation in that year necessary to meet the costs of district works as provided in the budget for that year, and shall designate the geographical areas or zones specially benefited by such activities and the millages to be applied to the several areas. It is the intent of this provision that the geographical areas which will be specially benefited by each proposed or undertaken major activity or construction shall insofar as possible bear the cost of such works, to the end that the tax burden shall be distributed, within the limits of administrative feasibility, proportionately to the benefits.
(1)
For this purpose the governing board may, by resolution at the time of adopting a plan for specific water management works, or at such other time as may be convenient, determine and designate the total area which will be benefited by such works, and may determine and designate unit areas within the total area in which benefits are deemed to be proportionately equal. The governing board may indicate comparative degrees of benefit and the geographical boundaries of the total areas and the unit areas, and may amend and adjust these when and as often as necessary in order to carry out the intent of this provision.
(2)
Provided, however, that all determinations of the governing board relative to the allocation and assessment of the district taxes provided for in this section shall be subject to review and equalization by the board of county commissioners in like manner as county taxes.
(c)
The governing board shall thereafter certify to the tax assessor of the county, and to the comptroller of the State of Florida, timely for incorporating into the completed tax roll, the total millage rate to be applied to the properties within the district and under their respective jurisdictions, indicating where appropriate the rates by areas and units. The tax assessor shall extend on his county tax roll the amount of such tax, determined at the rates certified to him by the governing board, and shall certify the same to the tax collector at the same time and in like manner as for county taxes. The comptroller shall levy and collect the tax applicable to properties under his jurisdiction, determined at the rates certified to him by the governing board, in the same manner and at the same time as he is required by law to assess and collect such taxes for county purposes.
(d)
All taxes so collected shall be paid over to the governing board for its use pursuant to this chapter.
(e)
Collection of district taxes, the issuance of tax sale certificates for nonpayment thereof, the redemption or sale of said certificates, the vesting of title by tax forfeiture, and the sale of the land and other real estate so forfeited shall be at the same time, in conjunction with, and by like procedure and of like effect as is provided by law with respect to county taxes, nor may either the county or the district taxes be paid or redemption effected without the payment or redemption of both. The title to district tax forfeited land shall vest in the county on behalf of the district along with that of the county for county tax forfeited land, said district tax forfeited land to be held, sold or otherwise disposed of by the county for the benefit of the district. The proceeds therefrom, after deducting costs, shall be paid to the district in amounts proportionate to the respective tax liens thereon.
(f)
The district tax liens shall be of equal dignity with those of the county.
(g)
The tax officers of the county are hereby authorized and directed to perform the duties evolving upon them under this chapter, and to receive compensation therefor at such rates or charges as are provided by law with respect to similar services or charges in other cases.
(Sp. Acts, Ch. 61-1969, § 20)
Sec. 36-21. Same—Cost of organization and initial expenses.permanent link to this piece of content
If it should appear necessary to procure funds with which to pay expenses of organizing the district before a sufficient sum can be obtained from the collection of taxes, the governing board may borrow a sufficient amount of money to meet such expenses, and may issue interest bearing negotiable notes therefor and pledge the proceeds of the tax imposed under the provisions of this chapter for the repayment thereof. The governing board may issue to any person performing work or services, or furnishing anything of value in the organization of the district, interest bearing negotiable evidence of debt.
(Sp. Acts, Ch. 61-1969, § 21)
Sec. 36-22. Same—Land held by trustees of the internal improvement fund; areas not taxed.permanent link to this piece of content
(a)
Land held by the trustees of the internal improvement fund shall be subject to the taxes imposed under authority of this chapter, and said trustees are authorized to pay the same out of any money in their possession derived from the sale of land or otherwise. For facilitating the assessment of district taxes on land of said fund, the trustees thereof are authorized to prepare lists of land held by them and, timely for the purpose, to transmit a list of said land to the tax assessor of the county, and the tax assessor is directed to extend said land upon the district tax roll according to the description furnished by said trustees and to ascertain the value thereof as for other land.
(b)
Land comprising part of the principal of the state school fund declared by the constitution to be “sacred and inviolate,” or other real estate, title to which is in the state board of education, shall not be subject to the district taxes nor shall there be liability therefor upon any state agency.
(c)
There shall be excluded from district taxes all bodies of navigable water, unreclaimed water areas meandered by the public surveys, all rights-of-way of said district, all areas devoted or dedicated to the use of and for the works of the district, rights-of-way of state and county highways, and streets within the limits of incorporated towns, and property owned by a public agency open to the use of the public or for the public benefit not leased to or operated by a private agency.
(Sp. Acts, Ch. 61-1969, § 22)
Sec. 36-23. Same—Treasurer and depositories.permanent link to this piece of content
The governing board shall designate a treasurer who shall be the custodian of all funds belonging to the governing board and to the district, and such funds shall be disbursed only upon the order of the governing board by warrant or check signed by the treasurer and countersigned by the chairman of the governing board. The governing board is hereby authorized to select as depositories in which the funds of the governing board and of the district shall be deposited any banking corporation, organized under the laws of the state or under the national banking act, doing business in the state, upon such terms and conditions as the governing board shall deem just and reasonable.
(Sp. Acts, Ch. 61-1969, § 23)
Sec. 36-24. Same—Investment of funds.permanent link to this piece of content
The governing board of the district may, in its discretion, invest funds of the district as provided for below.
(1)
That portion of the funds of the district which the governing board anticipates will be needed for emergencies may be invested in bonds or other obligations, either bearing interest or sold on a discount basis, of the United States, or the United States Treasury, or those for the payment of the principal and interest of which the faith and credit of the United States is pledged.
(2)
All other funds of the district may be invested in securities named in subsection (1) hereof, or in bonds or other interest-bearing obligations of any incorporated county, city, town, school district or road and bridge district located in the state, for which the full faith and credit of such political subdivision has been pledged; provided, such political subdivision or its successor, through merger, consolidation or otherwise, has not within five (5) years previous to the making of such investment, defaulted for more than six (6) months in the payment of any part of the principal or interest of its bonded indebtedness; and, provided, the securities purchased under the provisions of this subsection shall have a maturity date on or before the anticipated date of need for the funds represented thereby.
(Sp. Acts, Ch. 61-1969, § 24)
Sec. 36-25. Same—Borrowing money; issuance of bonds.permanent link to this piece of content
(1)
In order to provide for the works described by this chapter, the governing board is hereby authorized and empowered to borrow money temporarily, from time to time, for a period not to exceed one (1) year at any one time, not including renewals thereof, and to issue its promissory notes therefor upon such terms and at such rates of interest as the said governing board may deem advisable, payable from the taxes herein levied and imposed, and the increment thereof. Any of such notes may be used in payment of amounts due, or to become due, upon contracts made or to be made by said governing board for carrying on the work authorized and provided for herein, and the said governing board may, to secure the payment of any of such notes, hypothecate bonds herein authorized to be issued, and may thereafter redeem such hypothecated bonds. Any of the notes so issued may be paid out of the proceeds of bonds authorized to be issued by this chapter.
(2)
The governing board is hereby authorized and empowered to borrow money on permanent loans and incur obligations from time to time on such terms and at such rates of interest as it may deem proper, not exceeding six (6) per cent per annum, for the purpose of raising funds to prosecute to final completion the works and all expenses necessary or needful to be incurred in carrying out the purposes of this chapter; and the better to enable the said governing board to borrow the money to carry out the purposes aforesaid, the governing board is hereby authorized and empowered to issue in the corporate name of said governing board, negotiable coupon bonds of said district.
(3)
The bonds to be issued by authority of this chapter shall be in such form as shall be prescribed by the said governing board, shall recite that they are issued under the authority of this chapter, and shall pledge the faith and credit of the governing board of the district for the prompt payment of the interest and principal thereof.
(4)
Said bonds shall have all the qualities of negotiable paper under the law merchant, and shall not be invalid for any irregularity, or defect in the proceedings for the issue and sale thereof except forgery; and shall be incontestable in the hands of bona fide purchasers or holders thereof for value. The provisions of this chapter shall constitute an irrevocable contract between said governing board and the district and the holders of any bonds and the coupons thereof, issued pursuant to the provisions hereof. Any holder of any of said bonds or coupons may either at law or in equity by suit, action or mandamus enforce and compel the performance of the duties required by this chapter of any of the officers or persons mentioned in this chapter in relation to the said bonds, or to the collection, enforcement and application of the taxes for the payment thereof.
(5)
The amount of bonds to be issued in any one year, when added to the amount then outstanding, shall not be greater than can be supported for that year in accordance with the bond schedule out of ninety (90) per cent of the taxes imposed, or to be imposed, for that year, plus other moneys in the hands of the district usable for bond purposes after deducting therefrom amounts estimated to be required for maintenance and operation of the works of the district, cost of administration, and amounts for such other purposes as the governing board may determine, nor shall the governing board levy in any year taxes insufficient to support said bonds for such year on the basis herein described.
(6)
All bonds and coupons not paid at maturity shall bear interest at a rate not to exceed six (6) per cent per annum from maturity until paid, or until sufficient funds have been deposited at the place of payment.
(7)
The bonds to be issued by authority of this chapter shall be in denominations of not less than one hundred dollars ($100.00) bearing interest from date at a rate not to exceed six (6) per cent per annum, payable semiannually, to mature at annual intervals within forty (40) years commencing after a period of not later than ten (10) years, to be determined by said governing board, both principal and interest payable at some convenient place designated by said governing board to be named in said bonds, which said bonds shall be signed by the chairman of the governing board, attested with the seal of said district and by the signature of the secretary of said governing board. In case any of the officers whose signatures, countersignatures and certificates appear upon the said bonds and coupons, shall cease to be such officer before the delivery of such bonds to the purchaser, such signature or countersignature and certificate shall nevertheless be valid and sufficient for all purposes the same as if they had remained in office until the delivery of the bonds.
(8)
Interest coupons shall be attached to the said bonds and the said coupons shall be consecutively numbered, specifying the number of the bond to which they are attached, and shall be attested by the lithographed or engraved facsimile signature of the chairman and secretary of said governing board.
(9)
In the discretion of said governing board, it may be provided that at any time, after such date as shall be fixed by the said governing board, said bonds may be redeemed before maturity at the option of said governing board, or its successors in office. If any bond so issued subject to redemption before maturity shall not be presented when called for redemption, it shall cease to bear interest from and after the date so fixed for redemption.
(10)
The governing board shall have authority to issue refunding bonds to take up any outstanding bonds of said district falling due and becoming payable, when, in the judgment of said governing board, it shall be for the best interests of said district so to do. The said governing board is hereby authorized and empowered to issue refunding bonds to take up and refund all bonds of said district outstanding that are subject to call and termination, and all bonds of said district that are not subject to call or redemption, where the surrender of said bonds can be procured from the holder thereof at prices satisfactory to the governing board. Such refunding bonds may be issued at any time when in the judgment of said governing board it will be to the interest of the district financially or economically by securing a lower rate of interest on said bonds or by extending the time of maturity of said bonds, or for any other reason in the judgment of said governing board advantageous to said district.
(11)
When required by the state constitution, the governing board shall call an election of the electors and of the freeholders in said district, in which said election the matter of whether or not said bonds shall be issued shall be decided as provided by law with respect to bond elections. (Sp. Acts, Ch. 74-446, § 3)
(12)
Whenever the governing board shall have authorized the issuance of bonds under the provisions of this chapter, the said governing board may, if it shall so elect, have said bonds validated in the manner provided by Chapter 75, F.S. and to that end the said governing board may adopt a suitable resolution for the issuance of said bonds.
(13)
All of said bonds shall be executed and delivered to the treasurer of said district, who shall sell the same in such quantities and at such rates as the governing board may deem necessary to meet the payments for the works and improvements in the district. Said bonds shall not be sold for less than ninety-five cents ($0.95) on the dollar, with accrued interest.
(14)
It shall be the duty of the treasurer as custodian of the funds belonging to the said governing board and to the district, out of the proceeds of the taxes levied and imposed by this chapter and out of any other moneys in his possession belonging to the district, which moneys so far as necessary shall be set apart and appropriated for the purpose, to apply said moneys and to pay the interest upon the said bonds as the same shall fall due and at the maturity of the said bonds to pay the principal thereof.
(15)
Whenever the owner of any coupon bond issued pursuant to the provisions of this chapter shall present such bond and all unpaid coupons thereof to the treasurer of the district with request for the conversion of such bond into a registered bond, such treasurer shall cut off and cancel the coupons of any such coupon bond so presented, and shall stamp, print or write upon such coupon bond so presented either upon the back or the face thereof as may be convenient, a statement to the effect that said bond is registered in the name of the owner and that thereafter the interest and principal of said bond are payable to the registered owner. Thereafter and from time to time any such bond may be transferred by such registered owner in person or by attorney duly authorized on presentation of such bond to the treasurer, and the bond again registered as before, a similar statement being stamped or written thereon.
(16)
Such statement stamped, printed or written upon any such bond may be in substantially the following form:
(Date, giving month, year and day.)
This bond is to be registered pursuant to the statutes in such case made and provided in the name of (here insert name of owner), and the interest and principal thereof are hereafter payable to such owner.
_____
Treasurer
(17)
If any bond shall have been registered as aforesaid, the principal and interest of said bond shall be payable to the registered owner. The treasurer shall enter in the register of said bonds to be kept by him, or in a separate book, the fact of the registration of such bonds, and in whose names respectively, so that said register or book shall at all times show what bonds are registered and the name of the registered owner thereof.
(18)
Any warrant issued under this chapter that is not paid when presented to the treasurer of the district because of lack of funds in the treasury, such fact shall be endorsed on the back of such warrant, and such warrant shall draw interest thereafter at a rate not exceeding six (6) per cent per annum, until such time as there is money on hand to pay the amount of such warrant and the interest then accumulated; but no interest shall be allowed on warrants after notice to the holder or holders thereof that sufficient funds are in the treasury to pay said endorsed warrants and interest.
(Sp. Acts, Ch. 61-1969, § 25; Sp. Acts, Ch. 73-420, § 6)
Sec. 36-26. Same—Disposition of lands and interest in lands; execution of instruments.permanent link to this piece of content
The governing board of the district may dispose of lands to which the district has acquired title or to which it may hereafter acquire title in the following manner:
(1)
Any lands determined by the governing board to be surplus may be sold by the district, at any time for the highest price obtainable.
(2)
All sales of land shall be for cash or upon terms and security to be approved by the governing board, but a deed therefor shall not be executed and delivered until full payment is made.
(3)
Before selling any land, except as provided in subsection (5) hereof, it shall be the duty of the district to cause a notice of intention to sell to be published in a newspaper published in the county once each week for three (3) successive weeks (three insertions being sufficient), the first publication of which shall be not less than thirty (30) nor more than forty-five (45) days prior to any sale, which notice shall set forth the time and place of the sale and a description of lands to be offered for sale.
(4)
All sales shall be conducted at the county courthouse on any day of the week except Sunday and at any time specified in the notice between the hours of 11:00 a.m. and 2:00 p.m.
(5)
Public sale shall not be required where surplus lands are being resold to the then owner of that adjacent parcel from which the surplus land was originally parted; provided such sale is made within one year from the time the land is declared surplus; and the owner of the adjacent parcel shall be notified by registered mail to the address shown on the county tax roll within thirty (30) days after the land is declared surplus.
(6)
The governing board of the district may lease any lands or interest in land, including but not limited to oil and mineral rights, to which the district has acquired title, or to which it may hereafter acquire title, for the best price and terms obtainable, to be determined by the governing board.
(7)
Before leasing any land, or interest in land including but not limited to oil and mineral rights, the district shall cause a notice of intention to lease to be published in a newspaper published in the county and such other places as the board may determine once each week for three (3) successive weeks (three (3) insertions being sufficient), the first publication of which shall be not less than thirty (30) nor more than forty-five (45) days prior to any lease, which said notice shall set forth the time and place of leasing and a description of the lands to be leased.
(8)
It shall not be necessary to publish the notice as provided by subsection (7) where the lease is made to a person in connection with land acquisition by the district and the lease results in a diminution of the cost to the district in the acquisition of the land.
(9)
The governing board of the district may release any canal easement, reservation or right-of-way interests, conveyed to it for which it has no present or apparent future use under terms and conditions determined by the board.
(10)
Any instruments of sale, lease, release or conveyance executed pursuant to the provisions of this chapter shall be executed in the name of the district by its governing board acting by the chairman or vice-chairman of said governing board and shall have the corporate seal of the governing board affixed thereto attested by its secretary and any such instrument shall be effective to pass the title or interest of the district in the property conveyed; provided, the district shall not warrant the title to any property sold, leased, released or conveyed.
(Sp. Acts, Ch. 61-1969, § 26)
Sec. 36-27. Same—District property exempt.permanent link to this piece of content
All real and personal property owned, leased, controlled or used by the district shall be exempt from all county, municipal, taxing district and other ad valorem taxes and special assessments for benefits.
(Sp. Acts, Ch. 61-1969, § 27)
Sec. 36-28. Same—Dissolution.permanent link to this piece of content
The board of county commissioners may dissolve the water management districts in accordance with the procedures prescribed by chapter 78-482, Laws of Florida, Special Acts of 1978.
(Ord. No. 79-93, § 10, 9-19-79)
Editor’s note—
Section 10 of Ord. No. 79-93, adopted Sept. 19, 1979, repealed former § 36-28, prescribing the method for amendment of water management district boundaries, derived from Sp. Acts, ch. 61-1969, § 28, Sp. Acts, ch. 73-420, § 7, and Sp. Acts, ch. 74-446, § 4, and enacted a new § 36-28, reading as set out.
Secs. 36-29—36-31. Reserved.permanent link to this piece of content
Editor’s note—
Section 36-29, relating to discontinuance of water management districts upon a referendum petition’s being filed, derived from Sp. Acts, ch. 61-1969, § 29, Sp. Acts, ch. 73-420, § 8, and Sp. Acts, ch. 74-446, § 5; § 36-30, declaring the district dissolved upon certification of referendum results dissolving a district, derived from Sp. Acts, ch. 61-1969, § 30, and Sp. Acts, ch. 73-420, § 9; and § 36-31, relating to the continuance of existing contracts, etc., of a dissolved district, derived from Sp. Acts, ch. 61-1969, § 31, were repealed by §§ 11—13, respectively, of Ord. No. 79-93, adopted Sept. 19, 1979.
Sec. 36-32. Salinity encroachment; emergency.permanent link to this piece of content
The legislature finds and declares that there are some areas within Broward County in which the fresh water supplies are seriously threatened by the encroachment of salt water due to the uncontrolled excavation of canals, and that a state of emergency exists in said county insofar as salt water intrusion is concerned.
(Sp. Acts, Ch. 63-1186, § 3)
Sec. 36-33. Salinity Abatement Districts—Function; establishment.permanent link to this piece of content
(a)
In order to combat the present emergency and to provide for the future protection of the fresh water supply of Broward County, the board of county commissioners is hereby authorized to establish a salinity abatement district or districts within said county, to carry out the salt water intrusion prevention phase of its water resources management plan. Any such salinity abatement district may be established by resolution of said board adopted at a special meeting or meetings for that purpose. Notice of the time, place and purpose of such meeting shall be published once in a newspaper of general circulation in the county not more than fifteen (15) days nor less than ten (10) days prior to the holding of such meeting.
(b)
Any such salinity district may embrace all or any part of Broward County, and the board of county commissioners shall be ex officio the board of commissioners of such district or districts.
(Sp. Acts, Ch. 63-1186, § 3)
Sec. 36-34. Same—Powers and duties.permanent link to this piece of content
The board of commissioners of every such salinity abatement district shall have power and authority to establish, install and put into operation such water management works as may be necessary or appropriate for the prevention of salt intrusion, after consideration has been given to any recommendations of the county department of water resources and the county water resources advisory board. Insofar as is not inconsistent with this chapter, said board of commissioners of every such salinity abatement district shall have the powers and duties provided for and granted to governing boards of water control districts in sections 36-15, 36-16, 36-17, 36-25 and 36-27.
(Sp. Acts, Ch. 63-1186, § 3; Ord. No. 79-33, § 1, 5-16-79)
Sec. 36-35. Same—Imposition of severance tax.permanent link to this piece of content
For the purpose of defraying the costs and expenses of any such salinity abatement district or districts, and the costs of construction, operation and maintenance of water management works necessary for the prevention of salt water intrusion into any such district or districts, including the costs and expenses of debt service, if any, and all other reasonable and necessary expenses, the board of county commissioners is given the right, power and authority by resolution duly adopted, to impose, levy and collect for the use of any such district or districts a severance tax on each governmental, municipal and private water utility company severing or extracting water from the ground in any such district or districts; provided any such severance tax shall not exceed twenty-five cents ($0.25) on each twenty-five thousand (25,000) gallons, or major portion thereof of water severed or extracted from the ground. Any such resolution imposing such severance tax may provide penalties for the violation of such resolution. In every case the tax shall be collected from the utility company or companies, governmental, municipal and private, severing or extracting water from the ground in any such district. It shall be the duty of every such utility company to report and pay over to the board of county commissioners for the use of such salinity abatement district or districts all such taxes imposed and levied by resolution adopted pursuant to this section in accordance with the accounting and other provisions of such resolution.
(Sp. Acts, Ch. 63-1186, § 3)
Sec. 36-36. Same—Declaration of county purpose.permanent link to this piece of content
The legislature finds and declares that the levy and collection of any such severance tax is a county purpose in and for Broward County.
(Sp. Acts, Ch. 63-1186, § 3)
Sec. 36-37. Salinity abatement district of Broward County established; boundaries coextensive with county.permanent link to this piece of content
There is hereby created and established within Broward County, Florida, the Salinity Abatement District of Broward County, the boundaries of which district shall be and are hereby declared to be coextensive with the boundaries of Broward County.
(Res. of 7-21-64, § 1)
Sec. 36-38. Unlawful to construct, operate or maintain water management works without permit; remedies and penalty.permanent link to this piece of content
Except as otherwise indicated in this section, it shall be unlawful for any person, firm, corporation, agency or public body, unless otherwise exempted by law, to construct, operate or maintain any water management works within Broward County, including the excavation, creation or construction of any waterway, canal or channel, without first obtaining a permit from the county department of water resources. Any such permit shall be issued subject to the limitations indicated in section 36-5(4) hereof; provided further that any such permit, when issued for excavation, creation or construction of any waterway, canal or channel, ten (10) feet or more in width and three (3) feet or more in depth, shall be valid only if there shall be attached thereto or included therewith a certification signed by the secretary or other duly authorized officer, agent or employee of the Broward County Area Planning Board that the said excavation, creation or construction, as proposed, will not conflict with any existing or proposed state, county or municipal right-of-way or trafficway as set forth on the trafficways plan of Broward County as proposed by the Broward County Area Planning Board. No subdivision plat shall be approved or filed for record that provides for or indicates the proposed excavation or construction of any waterway, canal or channel without an accompanying valid permit for such excavation or construction approved and issued by the county department of water resources. The provisions of this section may be enforced by injunction or other appropriate civil action. In addition to any civil remedies, violation of the provisions of this chapter shall be a misdemeanor, and any person, firm or corporation convicted thereof shall be punished as provided by law.
(Sp. Acts, Ch. 63-1186, § 3; Sp. Acts, Ch. 71-562, § 2)
Sec. 36-39. Intention of the legislature.permanent link to this piece of content
It is the intention of the legislature that the provisions of this chapter shall be liberally construed to accomplish the purposes provided for herein.
(Sp. Acts, Ch. 61-1969, § 33)
Sec. 36-40. Conflicting laws repealed.permanent link to this piece of content
All laws and parts of laws in conflict with the provisions of this chapter are hereby repealed. The provisions of Chapter 378, F.S. and Chapter 298, F.S. are hereby found not to be in conflict with the provisions of this chapter and may be applied in conjunction therewith in order to better carry out their mutual purposes.
(Sp. Acts, Ch. 61-1969, § 36)
Secs. 36-41—36-50. Reserved.permanent link to this piece of content
Broward County, Florida, Code of Ordinances >> PART II – CODE OF ORDINANCES >> Chapter 36 – WATER RESOURCES AND MANAGEMENT >> ARTICLE II. WATER EMERGENCIES >>
ARTICLE II. WATER EMERGENCIES [3] permanent link to this piece of content
Sec. 36-51. Definitions.
Sec. 36-52. Application of article.
Sec. 36-53. Amendments to water shortage plan.
Sec. 36-54. Declaration of water shortage; water shortage emergency.
Sec. 36-55. Year-round landscape irrigation measures; variances.
Sec. 36-56. Serving of water by restaurants during water shortage restrictions.
Sec. 36-57. Enforcement.
Sec. 36-58. Penalties.
Sec. 36-51. Definitions.permanent link to this piece of content
For the purpose of this article, the following terms, phrases, words, and their derivatives shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word “shall” is always mandatory and not merely directory.
(a)
Address means the “house number” (a numeric or alphanumeric designation) that, together with the street name, describes the physical location of a specific property. This includes “rural route” numbers but excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Service to determine a delivery location, the lot number shall be the property’s address. If a lot number in a mobile home park or similar residential community is not used by the U.S. Postal Service (e.g., the park manager sorts incoming mail delivered to the community’s address), then the community’s main address shall be the property’s address. If a property has no address, it shall be considered “even-numbered.”
(b)
Athletic play area means all golf course fairways, tees, and greens, and other athletic play surfaces, including football fields, baseball fields, soccer fields, polo grounds, tennis courts, lawn bowling fields, rodeo areas, equestrian facilities, and livestock arenas.
(c)
Code enforcement officer means any Broward County Deputy Sheriff, any code inspector, or any municipal law enforcement officer in Broward County, Florida.
(d)
District means the South Florida Water Management District.
(e)
Even-numbered address means an address ending in the numbers 0, 2, 4, 6, 8, or no address, or the letters A-M.
(f)
Hand watering means the watering of landscape by one person with one hose fitted with a self-canceling or automatic shut-off nozzle.
(g)
Existing landscaping means any landscaping which has been planted and in the ground for more than ninety (90) days.
(h)
Landscape irrigation means the outside watering of shrubbery, trees, lawns, grass, ground covers, plants, vines, ornamental gardens, and such other flora, not intended for resale, which are planted and situated in such diverse locations as residential landscapes, recreation areas, cemeteries, public, commercial, and industrial establishments, public medians and rights-of-way, except athletic play areas as defined in Rule 40E-24.101(s), Florida Administrative Code.
(i)
New landscaping means any landscaping which has been planted and in the ground for ninety (90) days or less.
(j)
Odd-numbered address means an address ending in the numbers 1, 3, 5, 7, 9, or the letters N—Z.
(k)
Person means any person, firm, partnership, association, corporation, company, or organization of any kind.
(l)
Reclaimed water means wastewater that has received at least secondary treatment and a basic disinfection and is reused after flowing out of a wastewater treatment facility.
(m)
Restaurant means a building or room, including, but not limited to, hotel dining rooms and night clubs which are open to the general public and where food is prepared and served for pay for consumption on the premises.
(n)
User means any person, individual, firm, association, organization, partnership, business trust, corporation, company, agent, employee, or other legal entity whether natural or artificial, the United States of America, and the state and all political subdivisions, regions, districts, municipalities, and public agencies thereof, which directly or indirectly takes water from the water resource, including uses from private or public utility systems, and uses from individual wells or pumps.
(o)
Wasteful and unnecessary means allowing water to be dispersed without any practical purpose to the water use, for example, excessive landscape irrigation, leaving an unattended hose on a driveway with water flowing; allowing water to be dispersed in a grossly inefficient manner, regardless of the type of water use, for example, allowing landscape irrigation water to unnecessarily fall onto pavements, sidewalks, and other impervious surfaces or allowing water flow through a broken or malfunctioning water delivery or landscape irrigation system.
(p)
Water resource means any and all water on or beneath the surface of the ground including natural or artificial water courses/bodies, lakes, ponds or diffused surface water, and water percolating, standing, or flowing beneath the surface of the ground.
(q)
Water shortage means that situation when sufficient water is not available to meet present or anticipated needs of persons using the water resource, or when conditions are such as to require temporary reduction in total water usage within a particular area to protect the water resource from serious harm. A water shortage usually occurs due to drought.
(r)
Water shortage emergency means that situation when the powers which can be exercised under Part II of Chapter 40E-21, Florida Administrative Code, are not sufficient to protect the public health, safety, or welfare, or the health of animals, fish or aquatic life, or a public water supply, or commercial, industrial, agricultural, recreational, or other reasonable uses.
(Ord. No. 85-21, § 3, 4-2-85; Ord. No. 91-8, § 2, 2-19-91; Ord. No. 2010-01, § 1, 1-12-10)
Sec. 36-52. Application of article.permanent link to this piece of content
The provisions of this article shall apply to all persons using the water resource within the geographical areas subject to the “water shortage” or “water shortage emergency,” as determined by the district, whether from public or privately owned water utility systems, private wells or private connections with surface water bodies. This article shall not apply to persons using treated effluent or saltwater.
(Ord. No. 85-21, § 4, 4-2-85)
Sec. 36-53. Amendments to water shortage plan.permanent link to this piece of content
Chapter 40E-21, Florida Administrative Code, as same may be amended from time to time, is incorporated herein by reference as a part of the Broward County Code of Ordinances and attached hereto as exhibit “A.”
(Ord. No. 85-21, § 5, 4-2-85)
Editor’s note—
Exhibit “A,” referred to in this section, is not printed herein.
Sec. 36-54. Declaration of water shortage; water shortage emergency.permanent link to this piece of content
The declaration of a water shortage or water shortage emergency within all or any part of Broward County by the governing board or the executive director of the district shall invoke the provisions of this article. Upon such declaration, all water use restrictions or other measures adopted by the district applicable to Broward County, or any portion thereof, shall be subject to enforcement action pursuant to this article. Any violation of the provisions of chapter 40E-21, Florida Administrative Code, or any order issued pursuant thereto, shall be a violation of this article.
(Ord. No. 85-21, § 6, 4-2-85)
Sec. 36-55. Year-round landscape irrigation measures; variances.permanent link to this piece of content
In addition to the measures which may be imposed by Sections 36-52, 36-53, and 36-54:
(a)
Year-round landscape irrigation measures shall be applicable to all users as defined in Section 36-51. These measures apply to all water sources, except that landscape irrigation accomplished using reclaimed water is subject to only Subsection (b)(1) of this section.
(b)
The following requirements or exceptions shall apply to all users unless specified otherwise herein:
(1)
Landscape irrigation shall be prohibited daily between the hours of 10:00 a.m. and 4:00 p.m., except as provided herein.
(2)
Irrigation of existing landscaping shall comply with the following provisions:
a.
Even-numbered addresses, as defined in Section 36-51 of this article, and rights-of-way or other locations without an address, may accomplish necessary landscape irrigation only on Thursday and/or Sunday.
b.
Odd-numbered addresses, as defined in Section 36-51 of this article, may accomplish necessary landscape irrigation only on Wednesday and/or Saturday.
(3)
Irrigation of new landscaping shall comply with the following provisions:
a.
On the day the new landscaping is installed, the new landscaping may be irrigated once without regard to the normally allowable watering days and times. Irrigation of the soil immediately prior to the installation of the new landscaping is also allowable without regard to the normal allowable watering days and times.
b.
The ninety (90) day period begins the day the new landscaping is installed. The new landscaping shall be installed within a reasonable time from the date of purchase, which may be demonstrated with a dated receipt or invoice.
c.
Irrigation of new landscaping which has been in place for thirty (30) days or less may be accomplished on Monday, Tuesday, Wednesday, Thursday, Saturday, and/or Sunday.
d.
Irrigation of new landscaping which has been in place for thirty-one (31) to ninety (90) days may be accomplished on Monday, Wednesday, Thursday, and/or Saturday.
e.
Irrigation of the new landscaping is limited to areas containing the new landscaping only. An entire zone of an irrigation system shall only be utilized for landscape irrigation under this paragraph if the zone in question is for an area that contains at least fifty percent (50%) new landscaping. If a zone contains less than fifty percent (50%) new landscaping, or if the new landscaping is in an area that will not typically be irrigated by an irrigation system, only the individual new plantings are eligible for additional irrigation under this paragraph. Targeted watering may be accomplished by low volume hand watering, or any appropriate method which isolates and waters only the new landscaping.
(4)
Irrigation systems may be operated outside restricted days and/or times for the purpose of system repair and maintenance, with an attendant on-site in the area being tested. Landscape irrigation systems may routinely be operated for such purposes no more than once per week, and the run time for any one test should not exceed ten (10) minutes.
(5)
Landscape irrigation for the purpose of watering-in insecticides, fungicides, and herbicides, where such watering-in is required by the manufacturer, or by federal, state or local law, shall be allowed under the following conditions:
a.
Such watering-in shall be limited to one application in the absence of specific alternative instructions from the manufacturer; and
b.
Such watering-in shall be accomplished during normal allowable watering days and times unless a professional licensed applicator has posted a temporary pesticide sign containing the date of application and the date(s) of needed watering-in activity.
(6)
Any plant material may be watered using low-volume hand watering methods without regard to the water days or times allowed pursuant to this section.
(c)
In addition to the specific measures enumerated above, all wasteful and unnecessary water use as defined in Section 36-51 is prohibited.
(d)
In the event the district imposes restrictions on landscape irrigation for new and existing installations which are more restrictive than those imposed by this section, the more restrictive regulations shall apply.
(e)
All other uses of the water resource as defined in this article, including, but not limited to, agricultural, nursery, and golf course uses, shall be restricted pursuant to the rules, orders, and regulations issued from time to time by the district.
(f)
Any User may request relief from the provisions of this section for landscape irrigation uses within the unincorporated area of Broward County by filing a petition for variance with the Broward County Permitting, Licensing and Consumer Protection Division, or such successor Division of the County authorized to carry out Code Enforcement, accompanied by the fee set forth in Chapter 40, Part VI, of the Broward County Administrative Code. Such petitions will be heard by a hearing officer authorized to conduct hearings under Chapter 8½ of the Broward County Code of Ordinances. Any User may request relief from the provisions of this section for landscape irrigation uses within an incorporated area of Broward County by filing a petition for variance with the relevant municipality. Municipalities are authorized to accept, consider, and grant or deny variance petitions from Section 36-55 for Users within the incorporated areas pursuant to the provisions of Subsections 36-55(f)(1)—(5) or adopt ordinances providing for variances from Section 36-55 that are consistent with the provisions of Subsections 36-55(f)(1)—(5). Municipalities may enter into an interlocal agreement with Broward County to provide services for variances within the incorporated areas.
(1)
Petitions may request a variance from the specific day or days for landscape irrigation identified in this section and must demonstrate with particularity that compliance with the schedule of days for landscape irrigation will result in a substantial hardship on the petitioner requesting the variance, or those served by the petitioner. Variances granted pursuant to this section may not increase the total number of days per week per zone that irrigation is allowed. Subject to the other requirements for the consideration of a petition, the following are examples of circumstances that may result in a substantial hardship:
a.
Two (2) or more properties share a common source of water which is not sufficient to provide for concurrent landscape irrigation on the same day or days; or
b.
A public or private water system is experiencing, or reasonably anticipating, distribution problems that cannot otherwise be addressed.
(2)
Each variance granted shall include a requirement for a notice to be posted at each parcel to which the variance pertains that the parcel is subject to a variance for landscape irrigation issued pursuant to Section 36-55 of the Broward County Code of Ordinances and the days on which irrigation of the parcel is authorized by the variance.
(3)
A petition for variance may be withdrawn by the petitioner any time before a hearing on the petition has begun.
(4)
A variance under this section is invalid if it has expired or if its terms are violated by the User or any officer or agent of the User.
(5)
A petition must contain the following information:
a.
A caption including “Petition for Variance from Section 36-55, Broward County Code of Ordinances”;
b.
The name, address, telephone number, and any facsimile number of the petitioner and any attorney or qualified representative of the petitioner;
c.
The applicable section, or portions of a section, of the Code of Ordinances from which a variance is being requested;
d.
The specific day or days for landscape irrigation that pose a substantial hardship to comply with, and the alternative day or days during which the petitioner can comply without such a hardship;
e.
The specific facts that demonstrate a substantial hardship or a violation of the principles of fairness that would justify a variance;
f.
The reason why the variance requested would serve the purposes of this section;
g.
A statement of whether the variance requested is permanent or temporary. If the variance is temporary, the petition shall include the dates during which the petitioner requests the variance to be in effect; and
h.
A map or survey of each parcel affected by the requested variance.
(g)
Appeal of the hearing officer’s order granting or denying a petition for variance pursuant to Subsection 36-55(f) shall be made within thirty (30) days of the rendition of the order by petition for writ of certiorari to the Circuit Court of the 17th Judicial Circuit or as otherwise provided for appeals of a county or municipal order under general law.
(Ord. No. 91-8, § 3, 2-19-91; Ord. No. 2010-01, § 2, 1-12-10; Ord. No. 2010-19, § 1, 6-8-10)
Sec. 36-56. Serving of water by restaurants during water shortage restrictions.permanent link to this piece of content
(a)
While phase I moderate water shortage restrictions, or more severe restrictions, as declared by the district are in effect for any portion of Broward County, no person within the geographic areas subject to such restrictions shall cause, permit or allow the serving of water from any public or private well, water supply or distribution system to any customer of a restaurant unless specifically requested by such customer.
(b)
This restriction shall remain in effect as long as the phase I moderate water shortage restrictions, or more severe restrictions, as declared by the district, remain in effect.
(Ord. No. 91-8, § 4, 2-19-91)
Sec. 36-57. Enforcement.permanent link to this piece of content
Every code enforcement officer having jurisdiction in the area governed by this article shall, in connection with all other duties imposed by law, diligently enforce the provisions of this article.
(Ord. No. 85-21, § 7, 4-2-85; Ord. No. 91-8, § 5, 2-19-91)
Sec. 36-58. Penalties.permanent link to this piece of content
(1)
Violation of any provision of this article is a violation of a county ordinance and may be punished as provided by § 125.69(1), F.S. Each day in violation of this article shall constitute a separate offense.
(2)
First or second violations of this article are also civil infractions and as such may alternatively be punishable pursuant to the provisions of Chapter 8½, article II, “Alternate Code Enforcement Procedure,” Broward County Code of Ordinances, and fines assessed pursuant to section 8½-16, “Schedule of Civil Penalties.”
(3)
Third violations of this article shall be punished as a violation of a county ordinance under subsection (1) rather than as a civil infraction under subsection (2).
(Ord. No. 85-21, § 8, 4-2-85; Ord. No. 91-8, § 6, 2-19-91)