GENERAL PROVISIONS

Cape Coral Code of Ordinances ch. 19, art. I

in effect

Cape Coral Code of Ordinances § 19-1 Definitions, technical terms and abbreviations.

§ 19-1 - Definitions, technical terms and abbreviations. (a) The following rules shall be observed, unless the construction would be inconsistent with the manifest intent of the City Council. ACT or THE ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq. APPROVAL AUTHORITY. The Director in an NPDES state with an approved state pretreatment program and the Administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program. AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER. An authorized representative of an industrial user may be: a. A principal executive officer of at least the level of vice-president, if the industrial user is a corporation; b. A general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively; c. A duly authorized representative of the individual designated above if the representative is responsible for the overall operation of the facilities from which the indirect discharge originates. BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C, expressed in milligrams per liter. BUILDING DRAIN. That part of the piping of a building which collects wastewater inside the walls of the building and conveys it to outside the building wall. BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal, also called HOUSE CONNECTION. CATEGORICAL STANDARDS. National Categorical Pretreatment Standards or Pretreatment Standard. CHEMICAL OXYGEN DEMAND (COD). A measure of oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. CIAC Fee Rate. The most recently approved City Council Resolution that establishes the UEP rates. CITY. The City of Cape Coral, Lee County, Florida. CITY COUNCIL. The duly elected officials of the City of Cape Coral. CITY MANAGER. The person designated by the City Council to administer all city activities. COLLECTION COSTS. The estimated costs to be incurred by the City annually in connection with the implementation, administration, collection, and enforcement of the Assessments or fees, including, without limiting the generality of the foregoing, any service charges of the Tax Collector or Property Appraiser pursuant to the Uniform Assessment Collection Act or other general law, publication, mailing and administration expenses incurred by the City, and amounts necessary to off-set any applicable statutory discounts for the early payment of ad valorem taxes and non-ad valorem assessments. CONSUMER. Any person, firm, association, corporation, nonprofit corporation, agency or similar organization supplied with water service and/or sewer service by the city. CONTROL AUTHORITY. The "Approval Authority," defined hereinabove, or the City Manager if the city has an approved pretreatment program under the provisions of 40 C.F.R. § 403.11. COOLING WATER. The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat. CUSTOMER'S INSTALLATION. All pipes, shutoffs, valves, fixtures and appliances or apparatus of every kind and nature used in connection with or forming a part of an installation for utilizing water/sewer service for any purpose, ordinarily located on the customer's side of "point of delivery", whether the installation is owned by the customer, or used by the customer under lease or otherwise. CUSTOMER. Every person who is responsible for contracting (expressly or implicitly) with the city in obtaining water/sewer service, having or using sewer connections with, or sewer taps to, the sewer system of the city and in obtaining, having or using water and other related services furnished by the city for the purpose of disposing of wastewater through the system. The terms shall include the occupants of each unit of a multiple-family dwelling unit building as a separate and distinct customer. DIRECT DISCHARGE. The discharge of treated or untreated wastewater directly to the waters of the State of Florida. EASEMENT. An acquired legal right for the specific use of land owned by others. ENVIRONMENTAL PROTECTION AGENCY or EPA. The U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of the agency. EQUIVALENT PARCELS (EP). CIAC fee rates shall be the rates as stated within the City Council approved resolution establishing the most current UEP rates. The same unit of measure in UEP shall be used in the CIAC calculation. FLOATABLE OIL. Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. All wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system. FLUSH TOILET. The common sanitary flush commode in general use for the disposal of human excrement. GARBAGE. The animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods. GRAB SAMPLE. A sample which is taken from a waste stream on a one time basis with no regard to the flow in the waste stream and without consideration of time. HEALTH OFFICER. The Lee County Environmental Health Director. HOLDING TANK WASTE. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks. INDIRECT DISCHARGE. The discharge or the introduction of non-domestic pollutants from any source regulated under § 307(b) or (c) of the Act, (33 U.S.C. § 1317), into the POTW (including holding tank waste discharged into the system). INDUSTRIAL USER. A source of indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to § 402, of the Act (33 U.S.C. § 1342). INDUSTRIAL WASTE SURCHARGE. The charge made in excess of the sewer service charge for all wastewater over and above normal wastewater. INDUSTRIAL WASTES. The wastewater from industrial processes as distinct from domestic or sanitary wastes. INFILTRATION/INFLOW. Groundwater and surface water which leaks into the sewers through cracked pipes, joints, manholes or other openings. INTERFERENCE. The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the city's NPDES permit. The term includes prevention of wastewater sludge use or disposal by the POTW in accordance with § 405 of the Act, (33 U.S.C. § 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), The Clean Air Act, the Toxic Substances Control Act or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW. MAIN. A pipe, conduit or other facility installed to convey water service to individual service lines or to other mains, or in the case of sewer lines, to convey sewer service from individual service lines to other mains. NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users. NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT. A permit issued pursuant to § 402 of the Act (33 U.S.C. § 1342). NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD. Any regulation developed under the authority of § 307(b) of the Act and 40 C.F.R. § 403.5. NATURAL OUTLET. Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body or surface of groundwater. NEW SOURCE. Any source, the construction of which is commenced after the publication of proposed regulations prescribing a § 307(c) (33 U.S.C. § 1317) Categorical Pretreatment Standard which will be applicable to the source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, a NEW SOURCE means any source, the construction of which is commenced after the date of promulgation of the standard. NORMAL WASTEWATER. Wastewater discharged into the sanitary sewers in which the average concentration of total suspended solids and BOD is not more than 250 mg/l, total phosphorus is not more than 15 mg/l, total Kjeldahl nitrogen is not more than 30 mg/l; and total flow is not more than 25,000 gallons per day. POTW TREATMENT PLANT. That portion of the POTW designed to provide treatment to wastewater. PERSON. Any individual, partnership, co-partnership, firm, company, governmental entity or any other legal entity or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context. PH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution. PIT PRIVY. Shored, vertical pit in the earth completely covered with a flytight slab on which is securely located a flytight riser covered with hinged flytight seat and lid. POINT OF DELIVERY, WATER. The point where the city's pipes or meters are connected with pipes of the customer. POINT OF DELIVERY, SEWER. The point where the city's pipes are connected with the pipes of the customer. In the case of single-family lots, the point is usually located at the lot line. POLLUTANT. Any dredged spoil, solid waste, incinerator residue, wastewater, garbage, wastewater sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharge into water. POLLUTION. The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water. PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user. PRETREATMENT and TREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutants, or the alteration of the nature of pollutant properties in wastewa-ter to a less harmful state prior to or in lieu of discharging or otherwise introducing the pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or by process changes or other means, except as prohibited by 40 C.F.R. § 403.6(d). PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than ½ inch in any dimension. PUBLIC SEWER. A common sewer controlled by a governmental agency or public utility. PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works, as defined by § 212 of the Act, (33 U.S.C. § 1292) which is owned in this instance by the city. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city's POTW. RATE SCHEDULE. Rates or charges for the particular classification of service. SANITARY SEWER. A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of ground, storm and surface waters that are not admitted intentionally. SEPTIC TANK. A subsurface impervious tank designed to temporarily retain wastewater or similar waterborne wastes together with: a. A sewer line constructed with solid pipe, with the joints sealed, connecting the impervious tank with a plumbing stub out; and b. A subsurface system of trenches, piping and other materials constructed to drain the clarified discharge from the tank and distribute it underground to be absorbed or filtered. SERVICE LINES. The pipes of the city which are connected from the mains to "point of delivery". SERVICE. Service, as mentioned in this chapter, and in agreement with customers, shall be construed to include, in addition to all water service/sewer service required by the customer, the readiness and ability on the part of the city to furnish the service to the customer. SEWER. A pipe or conduit that carries wastewater. SHALL. Mandatory; MAY is permissive. SIGNIFICANT INDUSTRIAL USER. Any industrial user of the city's wastewater disposal system who: a. Has a discharge flow of 25,000 gallons or more per average work day; b. Has a flow greater than five percent of the flow in the city's wastewater treatment system; c. Has in his or her wastes toxic pollutants, as defined pursuant to § 307 of the Act of Florida Statutes and rules; or d. Is found by the city, (state control agency) or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system. SLUG. Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24 hour concentrations of flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater facilities. STANDARD INDUSTRIAL CLASSIFICATION (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972. STATE. State of Florida. STORM DRAIN. Sometimes termed STORM SEWER, it shall mean a drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source. STORMWATER. Any flow occurring during or following any form of natural precipitation and resulting therefrom. SUSPENDED SOLIDS. Total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater and referred to as nonfilterable residue. TOXIC POLLUTANT. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency (EPA) under the provision of CWA § 307(1) or other Acts. UNPOLLUTED WATER. Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided. USER. Any person who contributes, causes or permits the contribution of wastewater into city POTW. UTILITIES DEPARTMENT. That department of city government responsible for the operation of the water and sewer utility systems. WASTEWATER FACILITIES. The structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent. WASTEWATER. The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water carried wastes from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water and stormwater that may be present. WATERCOURSE. A natural or artificial channel for the passage of water either continuously or intermittently. WATERS OF THE STATE. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion. (b) The following abbreviations shall have the designated meanings: BOD. Biochemical oxygen demand. C.F.R. Code of Federal Regulations. COD. Chemical oxygen demand. CIAC. Contributions in aid of construction. EPA. Environmental Protection Agency. FDEP. Florida Department of Environmental Protection. l. Liter. mg. Milligrams. mg/l. Milligrams per liter. NPDES. National Pollutant Discharge Elimination System. POTW. Publicly owned treatment works. SIC. Standard industrial classification. SWDA. Solid Waste Disposal Act, 42 U.S.C. §§ 6901 et seq. TSS. Total suspended solids. U.S.C. United States Code. (Ord. 108-22, § 2, 1-11-2023) (Ord. 108-22, § 2, 1-11-2023) (Ord. 63-89, 10-10-1989) (Ord. 108-22, § 2, 1-11-2023) (Ord. 63-89, 10-10-1989) (Ord. 63-89, 10-10-1989) (Ord. 23-75, § 1(1.1-1.11), 5-5-1975; Ord. 63-89, 10-10-1989; Ord. 49-96, 9-24-1996) (Ord. 97-86, § 1, 1-26-1987; Ord. 49-96, 9-24-1996; Ord. 52-97, 8-15-1997; Ord. 44-11, 8-22-2011)

Cape Coral Code of Ordinances § 19-2 Policy disputes, applicability of rules and regulations; severability.

§ 19-2 - Policy disputes, applicability of rules and regulations; severability. (a) Any dispute between the Utilities Director and the customer or prospective customer regarding the meaning or application of any provision of these rules and regulations shall, upon written request by either party, be resolved by the Council. (b) These rules and regulations, insofar as they are inconsistent with any statute or law, shall be null and void. These rules and regulations are a part of the rate schedules, applications and contracts of the city, and in the absence of specific written agreement to the contrary, they apply without modifications or change to each and every customer to whom the city renders water/sewer service. (c) In the event that a portion of these rules and regulations is declared unconstitutional or void, for any reason, by any court of competent jurisdiction, the decision shall, in no way, affect the validity of the remaining portions of the rules and regulations for water service/sewer service, unless the court order or decision shall so direct. (Ord. 49-96, 9-24-1996) (Ord. 23-75, § 2(2.2, 2.2), 5-5-1975)

Cape Coral Code of Ordinances § 19-2.5 Connection to approved sewer system, reclaimed water system and municipal water system mandatory upon availability.

§ 19-2.5 - Connection to approved sewer system, reclaimed water system and municipal water system mandatory upon availability. (a) Nonuse of individual sewage disposal system. Where an existing, adequate sanitary sewer of a sewage system is available in a public right-of-way or easement abutting the property, 200 linear feet of a gravity flow line from the nearest point of the property, sewage waste shall be connected thereto, and any individual sewage disposal system, device or equipment shall be abandoned. (b) Nonuse of well for potable drinking water purposes. Where an existing, adequate municipal potable water system is available in a public right-of-way or easement abutting the property, or within 200 feet of the property being served by a well system, connections shall be made so that the well shall no longer be used for human consumption. (c) Nonuse of well for irrigation purposes. Where a reclaimed water pipeline is available in a public right-of-way or easement abutting the property, or within 200 feet of the property being served by a well system, connection and use of reclaimed water shall be mandatory in areas impacted by the overuse of the Mid-Hawthorn Aquifer from private ground-water wells. (d) Effect. Sewer, reclaimed water and potable water charges shall be in effect upon connection or beginning 180 days from notification of the availability of sewer, reclaimed water and potable water service, whichever is less. (e) Time limitation for making connection. Whenever an approved sanitary sewer system is made available, whenever an accepted municipal potable water facility is made available, or whenever a reclaimed water system is made available in areas impacted by overuse of the Mid-Hawthorn Aquifer to a residence or a building, connection to the available system shall be made within 180 days from the date of notice sent to the owner of record. (f) Penalty. Any person failing to connect to approved utilities within the 180-day period, shall be guilty of an ordinance violation for each day in excess of 180 days and be subject to a penalty. (Ord. 36-77, §§ 1-4, 5-16-1977; Ord. 47-82, § 1, 7-12-1982; Ord. 97-86, § 1, 1-26-1987; Ord. 49-96, 9-24-1996; Ord. 19-03, 2-24-2003; Ord. 45-04, 4-26-2004; Ord. 44-11, 8-22-2011; Ord. 34-16, § 1, 11-7-2016; Ord. No. 7-25, § 2, 3-5-2025)

Cape Coral Code of Ordinances § 19-2.5.1 Use of public sewers required.

§ 19-2.5.1 - Use of public sewers required. (a) All premises shall be provided, by the owner thereof, with at least one toilet. All toilets shall be kept clean and in a sanitary working condition. (b) No person shall dispose of human excrement except in a toilet. (c) It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. (d) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater. (e) The owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within the city jurisdiction and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, is hereby required, at the owner's expense, to install suitable toilet facilities therein. (f) All sinks, dishwashing machines, lavatories, basins, shower baths, bathtubs, laundry tubs, washing machines and similar plumbing fixtures or appliances shall be connected to the public sewer; provided, that where no sewer is available, septic tanks other private subsurface disposal facilities, approved by the Lee County Division of Health and Rehabilitative Services. (Ord. 97-86, § 1, 1-26-1987; Ord. 63-89, 10-10-1989)

Cape Coral Code of Ordinances § 19-2.5.2 Private wastewater disposal restrictions.

§ 19-2.5.2 - Private wastewater disposal restrictions. (a) Where a public sanitary sewer is not available under the provisions of this chapter, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this chapter. No person shall construct a septic tank or other wastewater disposal facility without prior approval from the city. The availability of sewer is defined in § 19-2.5 of this chapter. (b) Septic tanks shall be constructed, repaired, altered, enlarged and maintained in accordance with plans and specifications approved by the Lee County Health Department. (c) No person shall construct, repair, alter or enlarge any septic tank unless he or she receives a valid permit for the work issued by the Lee County Division of Health and Rehabilitative Services. (d) The type, capacities, location and layout of a private wastewater disposal system shall comply with all regulations of the Department of Environmental Regulation of the State of Florida. No permit shall be issued for any private wastewater disposal system employing subsurface soil absorption facilities where the area of the lot is less than 10,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet. (e) No septic tank or other subsurface disposal facility shall be installed where a public sewer is accessible to the premises involved. (f) At such time as a public sewer becomes available to a property served by a private wastewater disposal system, a direct connection shall be made to the public sewer within 180 days of the date of notice as provided in § 19-2.5. Any septic tanks, cesspools and similar private wastewater disposal facilities shall be pumped empty and filled with suitable materials. (g) The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the city. (h) Every flush toilet shall be connected to a public sewer where available or to a septic tank. Flush toilets shall be provided at all times with sufficient running water under pressure to flush the toilet clean after each use. (i) No pit privy shall be installed. (j) Discharge of septic tanks into sewer system. (1) Restricted. It shall be unlawful to empty, dump, throw or otherwise discharge, into any manhole, catch basin or other opening, into the city sewer system, or any system connected with and discharging into the sewer system, the contents of any septic tank, sludge, wastewater or other similar matter or material, except as provided in subsection (b) hereof. (2) Permits. The city is hereby authorized to grant permits to discharge the contents of septic tanks (from domestic sources only) at locations specified by it and under supervision. The permits may be revoked at any time, if in the opinion of the city, continued dumping of such matter into the sewers will be injurious to the sewer system or treatment processes. (3) Charges. A charge shall be made for the privilege of dumping contents of septic tanks, as provided in separate rules. A record shall be kept of such dumpings and statements shall be payable within ten days after rendition. Failure to pay the amounts due within the ten day period shall be cause for revoking the permit. (k) Any premise that has a septic tank, privy or any other wastewater, industrial waste or liquid waste disposal system, located thereon that does not function in a sanitary manner shall be corrected within 30 days from the receipt of written notification from the Lee County Health Department that the system is not functioning in a sanitary manner, and order that the system be corrected. (l) Premises with private water systems shall not be connected with the public sewerage system unless approved by City Council. (m) No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by the Lee County Health Department. (Ord. 63-89, 10-10-1989) (Ord. 63-89, 10-10-1989; Ord. 137-04, 11-8-2004, effective date 1-1-2005) (Ord. 63-89, 10-10-1989) (Ord. 63-89, 10-10-1989) (Ord. 97-86, § 1, 1-26-1987; Ord. 137-04, 11-8-2004, effective date 1-1-2005)

Cape Coral Code of Ordinances § 19-3 Signed application necessary for service.

§ 19-3 - Signed application necessary for service. (a) Potable and reclaimed water service/sewer service is furnished only upon signed application or agreement accepted by the city, and the conditions of such application or agreement are binding upon the customer, as well as upon the city. This application must be executed by the Financial Services Department. (b) The applicant shall furnish to the city the correct name, street address or lot and block number at which water-sewer service is to be rendered. (Ord. 49-96, 9-24-1996; Ord. 52-97, 8-15-1997; Ord. 34-16, § 1, 11-7-2016) (Ord. 23-75, § 2(2.3), 5-5-1975; Ord. 97-86, § 1, 1-26-1987)

Cape Coral Code of Ordinances § 19-4 Applications by agents.

§ 19-4 - Applications by agents. Applications for potable and reclaimed water/sewer service requested by firms, partnerships, associations, corporations and others shall be tendered only by duly authorized parties. When water service is rendered under agreement or agreements entered into between the city and an agent or tenant of the principal, the use of the potable and reclaimed water/sewer service by the principal or tenant shall constitute full and complete ratification by the principal of the agreement or agreements entered into between the agent and the city and under which the potable and reclaimed water/sewer service is rendered. (Ord. 23-75, § 2(2.4), 5-5-1975; Ord. 34-16, § 1, 11-7-2016)

Cape Coral Code of Ordinances § 19-5 Withholding service.

§ 19-5 - Withholding service. The city may withhold or discontinue the services rendered under application made by any member or agent of a household, organization or business unless all prior indebtedness to the city, including indebtedness perfected by a lien(s) (excluding special assessment liens), of the household, organization or business for water/sewer service has been settled in full. Service may also be discontinued for any violation by the customer or consumer of any rule or regulation set forth in this article. In case of involuntary discontinuance of service, the minimum billing continues. (Ord. 23-75, § 2(2.5), 5-5-1975; Ord. 97-86, § 1, 1-26-1987; Ord. 34-16, § 1, 11-7-2016)

Cape Coral Code of Ordinances § 19-5.1 Authority to disconnect water and wastewater disposal service.

§ 19-5.1 - Authority to disconnect water and wastewater disposal service. The city reserves the right to terminate water and wastewater disposal services and disconnect a customer from the system when: (a) Acids or chemical damaging to sewer line or treatment process are released into the sewer causing rapid deterioration of these structures or interfering with proper conveyance and treatment of wastewater; (b) A governmental agency informs the city that the effluent from the wastewater treatment plant is no longer of a quality permitted for discharge into a watercourse, and it is found that the customer is delivering wastewater to the city's system that cannot be sufficiently treated or requires treatment that is not provided by the city as normal domestic treatment; (c) The customer: (1) Discharges industrial waste or wastewater that is in violation of the permit issued by the approving authority; (2) Discharges wastewater at an uncontrolled, variable rate in sufficient quantity to cause an imbalance in the wastewater treatment systems; (3) Fails to pay monthly bills for water and sanitary sewer services when due; or (4) Repeats a discharge of prohibited wastes into public sewers. (d) Prior to disconnecting any water or sewer service for nonpayment, the city shall provide the account holder of the premises with a minimum of 30 days' written notice of the city's intent to terminate service. The notice shall also advise the account holder of the premises of the procedure to contest the notice of intent to terminate service. (Ord. 97-86, § 1, 1-26-1987) (Ord. 29-94, 5-9-1994; Ord. 34-16, § 1, 11-7-2016)

Cape Coral Code of Ordinances § 19-5.2 Authority to transfer balances.

§ 19-5.2 - Authority to transfer balances. The City may transfer balances on a property to a new owner(s) of the property 30 days after the new owner(s) start service when the new account holder's name matches the name of the owner of record on file for the property at the Lee County Property Appraiser's Office. (Ord. 108-22, § 2, 1-11-2023)

Cape Coral Code of Ordinances § 19-6 Customer deposit.

§ 19-6 - Customer deposit. (a) Deposit required. A deposit shall be required of all new customers of the city water, reclaimed water and sewer systems. Deposits shall be paid to the city by cash, check, money order or credit card. The city shall begin requiring deposits for new accounts that are in the name of the property owner(s) on June 1, 2004; for all new accounts that are in the name of someone other than the property owner(s), the city shall begin requiring deposits for new accounts on April 27, 2004. (b) New customer deposits are authorized. Amounts will be based upon a utility credit check. The level of Utility credit risk will determine the amount of the deposit due at the time of application for service. The deposit schedule is as established in the utility fees resolution. Actual costs involved with processing a new customer account(s), such as utility credit checks, incurred by the City shall be billed to the utility account. (c) Exemptions. (1) a. A customer who has had a previous account with the city and who is applying for new service must satisfy any outstanding balance owed to the city, including outstanding balances secured by a lien, on any previous account(s) prior to receiving service at a new address. A customer who has had a previous utility account may be exempted from paying a customer deposit if the following criteria are met. b. The previous account(s) existed a minimum of 24 months immediately preceding application for the new account; the new account requested is in the same name as the previous account and is of the same type; and the customer has not, during the preceding 12 months: 1. Made more than two payments that were received after the due date; 2. Paid with a check refused by the bank; 3. Had utility service discontinued for non-payment; 4. Tampered with a meter; or 5. Used utility service in a fraudulent or unauthorized manner. (2) Written statement from another utility company. A new customer will be exempt from the customer deposit requirement if the new customer furnishes a written statement from another utility company that previously provided service to the customer, stating that the new customer's account meets the criteria stated in subsection (c)(1) above. (d) Deposits on existing accounts. The city reserves the right to require a deposit on existing accounts that: (1) Made more than two payments that were received after the due date in a 12-month period; (2) Paid with a check refused by the bank; (3) Had utility service discontinued for non-payment; (4) Tampered with a meter; or (5) Used utility service in a fraudulent or unauthorized manner. (e) Increase in deposit(s). (1) The city reserves the right to require an increase in a current customer deposit, when an account exhibits any one of the characteristics enumerated in subsection (d)(1—3) above and the current deposit is less than the average monthly billing for the property over the past 12 months. The increased deposit may equal up to the highest monthly bill for the immediately preceding 12 months. (2) The city reserves the right to require a deposit or an increased deposit to an account when it is determined by the city the meter has been tampered with, or the utility service has been obtained in a fraudulent or unauthorized manner. The total deposit shall be the highest monthly bill for the immediately preceding 12 months or two times the standard deposit, whichever is greater. For accounts that exhibit two, or more, occurrences of either tampering with a meter or obtained utility service in a fraudulent or unauthorized manner, the deposit may be increased up to three times the standard deposit. (f) Refund of deposits. Refunds of deposits shall be made only to the person who originally made the deposit, except as follows: (1) Divorce. The customer deposit name may be changed from one spouse to another without the consent of the customer whose name is currently listed on the account if a written, dated, and signed request is made by the spouse who desires the name change and the request is accompanied by a copy of a property settlement agreement or other legally binding document that designates the requesting party as the legal occupant of the residence. (2) Death. The customer deposit name may be changed to a personal representative with receipt of a copy of the death certificate and letters of administration. (g) Deposit interest. All deposits will be held in escrow. If the deposit is held in an interest bearing account, interest on the deposit will be credited annually to the utility account for which the deposit is being held. The rate of interest shall be the rate paid by the State of Florida Board of Administration on the local government surplus funds trust investment pool. (h) Application of deposit. A customer deposit may be applied against any outstanding utility bill on the property. When an account has been terminated and the deposit or balance thereof is unclaimed by the person entitled to receive same, disposition shall be in accordance with the existing laws of the State of Florida relating to unclaimed funds. (i) Refund of deposit. Deposits shall be credited to the customer at the end of two years provided that the customer has not had service terminated for non-payment; has not issued any checks that were returned by the bank for insufficient funds; and has not had more than one delinquent utility bill within the 12-month period immediately preceding the end of the two year period. (Ord. 45-04, 4-26-2004; Ord. 33-15, 8-31-2015; Ord. 34-16, § 1, 11-7-2016; Ord. 108-22, § 2, 1-11-2023)

Cape Coral Code of Ordinances § 19-7 Extensions.

§ 19-7 - Extensions. Extensions will be made to the city's facilities in compliance with the terms and conditions of Article III of this chapter setting forth the city's extension policy. (Ord. 23-75, § 2(2.6), 5-5-1975)

Cape Coral Code of Ordinances § 19-8 Limitations on use.

§ 19-8 - Limitations on use. (a) Water. Water service purchased from the city shall be used by the customer only for the purposes specified in the application for water service, and, except as provided in subsection (c) below, the customer shall not sell or otherwise dispose of the water service supplied by the city. Water service furnished to the customer shall be rendered directly to the customer through the city's individual meter. Except as provided in subsection (c) below, water service may not be remetered by the customer for the purpose of selling or otherwise disposing of water service to lessees, tenants or others, and under no circumstances shall the customer or customer's agent or any other individual, association or corporation install any device or equipment for the purpose of so remetering the water service. In no case shall a customer, except with the written consent of the city, extend his or her lines across a street, alley, lane, court, property line, avenue or other way, in order to furnish water service for adjacent property, even though the adjacent property may be owned by him or her. In case of the unauthorized extension, remetering, sale or disposition of service, in addition to any penalties imposed pursuant to this Code for violation of this section, the customer's water service is subject to discontinuance until the unauthorized extension, remetering, sale or disposition is discontinued and full payment is made of bills for water service, calculated on proper classification and rate schedules, cost to repair or replace any damaged meter, and reimbursement in full made to the city for all extra expenses incurred for clerical work, testing, inspections and discovery. (b) Sewer. Sewer service purchased from the city shall be used by the consumer only for the purposes specified in the application for sewer service. Sewer service furnished to the consumer shall be for the consumer's own use, and the consumer shall not sell or otherwise dispose of sewer service supplied by the city except as provided in subsection (c) below. Wastewater shall be received directly from the consumer into the city's main sewer lines. In no case shall a consumer, except with the written consent of the city, extend his or her lines across a street, alley, lane, court, property line, avenue or other way, in order to furnish sewer service for adjacent property, even though adjacent property may be owned by him or her. In case of such unauthorized extension, sale or disposition of service, in addition to any penalties imposed pursuant to this Code for violation of this section, the consumer's sewer service is subject to discontinuance until the unauthorized extension, sale or disposition is discontinued and full payment is made of bills for sewer service, calculated on proper classifications and rate schedules, cost to repair or replace any damaged meter, and reimbursement in full made to the city for all extra expenses incurred for clerical work, testing, inspections and discovery. (c) Remetering. Remetering and resale of water and sewer service is authorized for duplex, multi-family and commercial buildings and developments only under the following terms and conditions. (1) The building or development must be under unified ownership or, if ownership of lots, units or other portions of the building or development is divided, all lots, units or other portions of the building or development must be subject to deed restrictions or other enforceable covenants providing for an incorporated owners' association with the authority to enforce payment of association water and sewer assessments against each lot, unit or other portion of the building or development. Throughout this subsection (c), the term OWNER shall be deemed to include the owners' association for any building or development with divided ownership and the term TENANT shall be deemed to include the owner of any lot or unit in such a building or development. (2) All costs of installing remetering equipment shall be borne solely by the owner of the building or development which is remetered. (3) The owner of the building or development may only bill to tenants the actual charges of water and sewer service to the building or development, as billed to the owner by the city. No administrative costs or other charges may be added by the owner. (4) Within 30 days after the end of each calendar year, the owner of the building or development must provide to the city a sworn and notarized written statement that the water and sewer charges billed to tenants for the calendar year did not exceed the charges billed to the owner by the city. (5) The owner of the building or development must retain the records of tenant billings for a period of at least three years. The city may at any time, upon reasonable notice, demand inspection of the records. Upon discovering that an owner has overbilled tenants for water or sewer service, the city may order the owner to cease the overbilling and to make appropriate refunds within a reasonable time. Failure to comply with the order, and any failure to keep the records required by this subsection (c)(5), shall be grounds for the city to order immediate removal of the owner's remetering equipment. Failure to timely comply with an order to cease overbilling or to make appropriate refunds or failure to comply with an order to immediately remove remetering equipment shall result in fines levied against the owner in the amount of $50 per day per tenant served through the city's master meter. Failure to pay the fines shall be cause for discontinuance of service, in the same manner as failure to pay charges for water and sewer service. Remedies for non-compliance provided the city herein are cumulative to all other statutory, contractual and common law remedies. (6) The owner of the building or development must enter into a written contract with the city agreeing to abide by the terms and conditions of this subsection (c); allowing for the award of costs and attorneys' fees in any legal action to enforce the contract; and authorizing the judicial appointment of a receiver to accept and disburse tenants' payments for water and sewer service at any time the account for the building or development becomes delinquent and the owner of the building or development fails to bring the account current within 15 days after notice thereof. (Ord. 23-75, § 2(2.7), 5-5-1975; Ord. 63-89, 10-10-1989; Ord. 4-00, § 1, 1-31-2000; Ord. 33-15, 8-31-2015)

Cape Coral Code of Ordinances § 19-8.1 Building sewers and connections.

§ 19-8.1 - Building sewers and connections. (a) No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city. (b) The owner or his or her agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the city. (c) All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (d) A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the front building may be extended to the rear building and the whole considered as one building sewer, but the city does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned. (e) Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the city, to meet all requirements of this article. (f) The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in construction shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply. (g) In all buildings in which any building drain is too low to permit gravity flow to the public sewer, wastewater shall be pumped to the city's wastewater collection system. (h) No person shall make connection of roof downspouts, foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless the connection is approved for purposes of disposal of polluted surface drainage. (i) The applicant for the building sewer permit shall notify the city when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the city or its representative. (j) All excavations for building sewer installations shall be adequately guarded with barricades and lights in compliance with all OSHA requirements so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. (k) The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gas-tight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the city before installation. (l) If any house sewer permits entrance of infiltration or inflow, the city may: (1) Require the owner to repair the house sewer; (2) Charge the owner a sewer rate that reflects the additional cost of wastewater treatment from the owner's property; and (3) Require the owner to disconnect his or her sewer from the city's sewer system. (m) Where sewer service is unavailable, all costs associated with permit, construction and extension shall be the responsibility of the permit applicant. (Ord. 63-89, 10-10-1989) (Ord. 63-89, 10-10-1989) (Ord. 63-89, 10-10-1989) (Ord. 97-86, § 1, 1-26-1987)

Cape Coral Code of Ordinances § 19-8.2 Restricted use of the public sewers.

§ 19-8.2 - Restricted use of the public sewers. (a) No person shall discharge or cause to be discharged any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage or cooling water to any sewer. (b) No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: (1) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas. (2) Any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the wastewater treatment plant. (3) Any waters or wastes having a pH lower than 5.5 or greater than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater works. (4) Solid or viscous substances in quantities or of a size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities such as, but not limited to, ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers and the like, either whole or ground by garbage grinders. (c) The following described substances, materials, waters or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream or will not otherwise endanger lives, limb, public property or constitute a nuisance. The city may set limitations lower than the limitations established in the regulations below if in its opinion the more severe limitations are necessary to meet the above objectives. In forming its opinion as to the acceptability, the city will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewater discharged to the sanitary sewer which shall not be violated without approval of the city are as follows: (1) Wastewater having a temperature higher than 150°F (65°C) or will cause the temperature at the influent to a treatment plant to exceed 104°F (40°C); (2) Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils or product of mineral oil origin; (3) Wastewater containing more than 100 milligrams per liter of oils, fat or grease; (4) Any garbage that has not been properly shredded. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers; (5) a. Any wastewaters having an excess of: | (Limits in Parts per Million or Milligrams per Liter) Silver | 0.10 Barium | 5.0 Tin | 1.0 Iron | 2.0 Phenol | 0.2 Arsenic | 0.05 Boron | 1.0 Manganese | 1.0 Lead | 0.1 Mercury | 0.005 Nickel | 0.4 Zinc | 1.0 Copper | 0.1 Cadmium | 0.02 Total Chrome | 1.8 Selenium | 0.02 Chlorides | 250 b. Any substance or combination thereof that reduces the BOD by 10% will be considered as a toxic material. In addition, the limits for the following are: Antimony | 0.0 Beryllium | 0.0 Bismuth | 0.0 Cobalt | 0.0 Cyanide | 0.0 Molybdenum | 0.0 Rhenium | 0.0 Tellurium | 0.0 Uranyl ion | 0.0 Strontium | 0.0 Herbicides | 0.0 Fungicides | 0.0 Pesticides | 0.0 (6) Any waters or wastes containing odor-producing substances exceeding limits which may be established by the city; (7) Any radioactive wastes or isotopes of a half-life or concentrations as may exceed limits established in compliance with applicable state or federal regulations; (8) Quantities of flow, concentrations, or both which constitute a "slug", as defined in § 19-1; (9) Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to a degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters; (10) Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form solids which interfere with the collection system or create a condition deleterious to structures and treatment processes; and (11) Wastewater containing constituents in concentrations which are in excess of the concentrations set for normal wastewater (250 mg/l BOD5 and TSS, 30 mg/l TKN, 15 mg/l phosphorus.) (d) (1) If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated above and which in the judgment of the city's Utilities Director, may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the city may: a. Reject the wastes; b. Require pretreatment to an acceptable condition for discharge to the public sewers; c. Require control over the quantities and rates of discharge; and d. Require surcharge payment to cover added cost of handling and treating the waters. (2) When considering the above alternatives, the city's Utilities Director shall give consideration to the economic impact of each alternative on the discharger. If pretreatment or equalization of waste flows is permitted, the design and installation of the plants and equipment shall be subject to the review and approval of the city. (e) (1) Interceptors and separators. a. Interceptors or separators shall be provided when, in the opinion of the Utilities Department official, they are necessary for the proper handling of waste containing ingredients harmful to the building drainage system, public sewer or sewage treatment plant or processes. b. The size, type and location of each interceptor or separator shall be approved by the Utilities Department. Under all circumstances the minimum requirements of the F.A.C. Chapter 10D-9 shall be required. c. No waste other than those requiring treatment or separation shall be discharged into any separator except such as approved by the Utilities Department. (2) Permit required. It shall be unlawful to install or operate an interceptor or separator without first obtaining a permit from the Utilities Department. All new and existing establishments which require or utilize an interceptor or separator must submit a maintenance schedule and obtain a permit. This permit is non-transferable and shall be displayed at the establishment permitted. Upon change of ownership of the establishment the new owner(s) must apply for a new non-transferable permit. (3) Inspections and maintenance. The Utilities Department shall have the authority to inspect at a reasonable time, all establishments utilizing interceptors or separators which are connected to the city sewer system to insure that the establishments have installed and are properly maintaining their interceptor on all waste lines. If maintenance is determined to be inadequate upon an initial inspection the owner will be given written notice to immediately have the interceptor serviced. Failure to comply with the written notice within ten days of its receipt will constitute a violation of this chapter. A determination that maintenance is inadequate upon a second inspection shall constitute an immediate violation of this article. Violation will cause immediate revocation of permits and discontinued service. (4) Grease interceptors. A grease interceptor shall be installed in the waste line leading from sinks, drains or other fixtures in the following establishments: restaurants, hotel kitchens or bars, factory cafeterias or restaurants, clubs or other uses where grease can be introduced into the drainage system in quantities that can effect line stoppage or hinder sewage disposal. Drains from toilets and lavatories shall not be connected to the grease interceptor. (5) Oil separators. An oil separator shall be installed in the drainage system or section of the system where, in the opinion of the Utilities Department, a hazard exists or where oils or other flammables can be introduced or admitted into the drainage system by accident or otherwise. (6) Sand interceptors. Sand and similar interceptors for heavy solids shall have a water seal of not less than two inches. (7) Venting interceptors. Interceptors shall be so designed that they will not become air bound if closed covers are used. Each interceptor shall be properly vented. (8) Accessibility of interceptors. Each interceptor shall be so installed as to provide ready accessibility to the cover and means for servicing and maintaining the interceptor in working and operating condition. The use of ladders or the removal of bulky equipment in order to service interceptors shall constitute a violation of accessibility. (9) Water connection. Water connection for cooling or operating an interceptor shall be such that backflow cannot occur. (10) Laundries. Commercial laundries shall be equipped with an interceptor having a removable wire basket or similar device which shall prevent passage into the drainage system of solids one-half inch or larger in size. (11) Bottling plants. Bottling plants shall discharge their process wastes into an interceptor which will provide for the separation of broken glass or other solids, before discharging liquid waste into drainage system. (12) Slaughter houses. Slaughtering room drains shall be equipped with separators which shall prevent the discharge into the drainage system of feathers, entrails and other materials likely to clog the drainage system. (13) Food/garbage grinders. Food/ garbage grinders will not be permitted for use by commercial customers. (14) Abandoned interceptors or separators. When an interceptor is to be abandoned the contents shall be completely pumped out, the bottom broken to permit drainage and the interceptor filled with clean sand or other suitable material. (15) Permit fees. A one time, non refundable application fee of $20 shall be paid at the time of application for the permit. The fee for reinstallation of a revoked permit shall be $30. (f) Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes; they shall be maintained continuously in satisfactory and effective operation by the owner at his or her expense. (g) Any industry discharging to the city sewer system more than 10,000 gallons per day or any discharger so designated as a potential problem discharger by the city's Utilities Department shall comply with the following. (1) In order to provide for accurate sampling and measurement of industrial wastes, each designated discharger shall provide and maintain, on each of its industrial waste outlet sewers, a large manhole or sampling chamber to be located outside or near its plant boundary line. If inside the plant fence, there shall be a gate near the sampling chamber with a key furnished to the city. There shall be ample room provided in each sampling chamber to enable convenient inspection and sampling by the city or its agent. (2) Each sampling chamber shall contain a Parshall flume, accurate weir or similar device, with a recording and totalizing register for measurement of the liquid quantity; or the metered water supply to the industrial plant may be used as the liquid quantity where it is substantiated that the metered water supply and waste quantities are approximately the same, or where a measurable adjustment can be made in the metered supply to determine the liquid quantity. The measuring, totalizing, recording devices are to be supplied, installed and maintained by the owner. (3) Samples shall be taken every hour, properly refrigerated and composited in proportion to the flow for a representative 24 hour sample. The sampling shall be repeated on as many days as necessary to insure representative quantities for the entire reporting period. Industrial plants with wide fluctuations in quantities of wastes, will require an automatic sampler paced automatically by the flow-measuring device. Minimum requirements for representative quantities shall include reevaluation during each quarterly period. The determination of representative quantities shall include not less than three consecutive days of 24 hour composite samplings taken during periods of normal operation, together with acceptable flow measurements. The frequency of sampling, sampling chamber, metering device, sampling methods and analysis of samples shall be subject, at any time, to inspection and verification by the city. Sampling and measuring facilities shall be such as to provide safe access for authorized personnel of the city for making the inspection and verification. Plans for sampling chambers, with their location shown on a site plan shall be submitted to the city. (4) The owner of each facility discharging industrial wastes shall submit monthly to the city, on forms supplied by the city, a certified statement of the quantities of its wastes discharged into the sewers and wastewater works of the city or into any sewer connected therewith. Copies of pertinent water bills shall be submitted with the above statement. The documents shall be filed with the city not later than the tenth day of the following month. A separate statement shall be filed for each industrial plant. The total quantities of wastes to be measured and certified by the owner shall be: a. Liquid in gallons; b. Five day BOD in pounds; c. Suspended solids in pounds, on a dry solids basis; d. Total phosphorus in pounds; e. Total Kjeldahl nitrogen in pounds; and f. COD in pounds. (h) No person shall discharge or cause to be discharged any sanitary wastewater into the storm sewer system without exception. (i) Cooling and/or condensing water may be discharged to the storm sewer system only if a NPDES permit is obtained from the Environmental Protection Agency and authorized by FDEP. (j) The industrial users may be required to provide information needed to determine compliance with this chapter. These requirements will include: (1) Wastewater discharge peak rate and volume over a specified time period; (2) Chemical analyses of wastewaters; (3) Information on raw materials, processes, and products affecting wastewater volume and quality; (4) Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer use control; (5) A plot plan of sewers of the user's property showing sewer and pretreatment facility location; (6) Details of wastewater pretreatment facilities; and (7) Details of systems to prevent and control the losses of materials through spills to the municipal sewer. (k) No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment. However, there shall be no agreements made that would violate any state or federal pretreatment standard. (l) All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association. Sampling methods, location, times, durations and frequencies are to be determined on an individual basis subject to approval by the city. (Ord. 63-89, 10-10-1989) (Ord. 63-89, 10-10-1989) (Ord. 63-89, 10-10-1989) (Ord. 63-89, 10-10-1989) (Ord. 63-89, 10-10-1989) (Ord. 63-89, 10-10-1989) (Ord. 63-89, 10-10-1989) (Ord. 97-86, § 1, 1-26-1987; Ord. 44-11, 8-22-2011)

Cape Coral Code of Ordinances § 19-9 Continuity of service.

§ 19-9 - Continuity of service. The city will, at all times, use reasonable diligence to provide continuous water/sewer service, and having used reasonable diligence, shall not be liable to the customer for failure or interruption of continuous water/sewer service. Fire protection service is limited solely to the customer's right to access to hydrants and the water in the city's mains and storage facilities. The city shall not be liable for fire damage resulting or alleged to be the result of inoperative hydrants, insufficient pressure or inadequate quantities of water. (Ord. 23-75, § 2(2.8), 5-5-1975)

Cape Coral Code of Ordinances § 19-10 Customer's pipes, apparatus and equipment to conform to city standards; responsibility for maintenance.

§ 19-10 - Customer's pipes, apparatus and equipment to conform to city standards; responsibility for maintenance. The customer's pipes, apparatus and equipment shall be selected, installed, used and maintained in accordance with the standard practice, conforming with applicable city codes and in full compliance with all laws and governmental regulations applicable to same. The city shall not be responsible for the maintenance and operation of the customer's pipes and facilities. The customer expressly agrees not to utilize any appliance or device which is not properly constructed, controlled and protected, or which may adversely affect the water/sewer service, and the city reserves the right to discontinue or withhold water/sewer service to the apparatus or device. (Ord. 23-75, § 2(2.9), 5-5-1975)

Cape Coral Code of Ordinances § 19-11 Changes to customer's installation.

§ 19-11 - Changes to customer's installation. No changes or increases in the customer's installation, which will materially affect the volume of service or the proper operation of the pipes, mains or stations of the city, shall be made without written consent of the city. The customer shall be liable for any costs to repair or replace equipment damaged by the customer due to the customer tampering with the installation in violation of this section. (Ord. 23-75, § 2(2.10), 5-5-1975; Ord. 33-15, 8-31-2015)

Cape Coral Code of Ordinances § 19-12 Inspection of customer's installation.

§ 19-12 - Inspection of customer's installation. All of the customer's water/sewer service installation or changes thereof shall be inspected upon completion by competent authority of the Utilities Department to insure that the customer's piping equipment and devices have been installed in accordance with accepted standard practice, and such local codes or other rules as may be in effect. The city will not render water/sewer service until the inspection has been made and a formal notice of approval from the inspecting authority has been issued by the city. Sewer connections shall remain open until inspected and shall be free from infiltration or conditions which could result in infiltration. The city reserves the right to inspect the customer's installation prior to the rendering of water/sewer service and from time to time thereafter, but assumes no responsibility whatsoever for any portion thereof. (Ord. 23-75, § 2(2.11), 5-5-1975; Ord. 44-11, 8-22-2011)

Cape Coral Code of Ordinances § 19-13 Protection of city's property.

§ 19-13 - Protection of city's property. The customer shall exercise reasonable diligence to protect the city's property on the customer's premises, and shall knowingly permit no one but the city's agents, or persons authorized by law, to have access to the city's pipes and apparatus. In the event of any loss of damage to property of the city caused by or arising out of carelessness, neglect or misuse by the customer, the cost of making good the loss or repairing the damage shall be paid by the customer. (Ord. 23-75, § 2(2.12), 5-5-1975)

Cape Coral Code of Ordinances § 19-14 Right of access to premises and powers and authority of inspectors.

§ 19-14 - Right of access to premises and powers and authority of inspectors. (a) The duly authorized agents of the city shall have access at all reasonable hours to the premises of the customer for the purpose of installing, maintaining and inspecting or removing the city's property, reading meters and other purposes incident to performance under or termination of the city's agreement with the customer, and in the performance shall not be liable for trespass. (b) Duly authorized employees of the city bearing proper credentials and identification shall be admitted with permission from proper authorities to all properties for the purposes of inspection, observation, measurement, sampling and testing pertinent to discharge to the sewer system in accordance with the provisions of this chapter. (c) While performing the necessary work on private properties referred to herein, the authorized employees of the city shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the employees, and the city shall indemnify the company against liability claims and demands for personal injury or property damage asserted against the company, except as such may be caused by negligence or failure of the company to maintain safe conditions as required by this chapter. (d) Duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling repair and maintenance of any portion of the wastewater facilities lying within the easement. All entry and subsequent work, if any, on the easement, shall be performed in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. 23-75, § 2(2.13), 5-5-1975; Ord. 97-86, § 1, 1-26-1987; Ord. 63-89, 10-10-1989)

Cape Coral Code of Ordinances § 19-15 Right-of-way or easements.

§ 19-15 - Right-of-way or easements. The customer shall grant or cause to be granted to the city, and without cost to the city, all rights, easements, permits and privileges which are necessary for the rendering of water/sewer service. (Ord. 23-75, § 2(2.14), 5-5-1975)

Cape Coral Code of Ordinances § 19-16 Billing periods.

§ 19-16 - Billing periods. Bills for water, sewer, and irrigation service will be rendered monthly. Bills are due when rendered and shall be considered as received by the customer when delivered or mailed to the water, sewer, and irrigation service address, or some other place mutually agreed upon. Nonreceipt of bills by the customer shall not release or diminish the obligation of the customer with respect to payment thereof. (Ord. 23-75, § 2(2.15), 5-5-1975; Ord. 33-15, 8-31-2015)

Cape Coral Code of Ordinances § 19-17 Billing, procedures and delinquent bills, liens.

§ 19-17 - Billing, procedures and delinquent bills, liens. (a) Bills are due when rendered, and if not paid within 20 days thereafter, become delinquent, and water, wastewater and irrigation service may then be discontinued on the date indicated on the bill, which date shall not be less than 45 days from the date the bill was rendered. Prior to any disconnection of water, wastewater or irrigation service, the occupant(s) of the premises shall be given written notice of the city's intention to disconnect service for non-payment. Written notice may include electronic notification, to include, but not be limited to, email or text messages. The notice shall also advise the occupant of the process for disputing the bill. At anytime prior to the date indicated on the bill for termination of service, a customer or occupant wishing to challenge a disputed bill may do so at the Financial Services Department. A designated employee will hear the customer's complaint and make a determination as to whether or not the customer has been correctly billed. If service is disconnected for non-payment, service will be resumed only upon payment of all past-due bills and penalties, together with a reconnect charge adopted in the rate resolution. There shall be no liability of any kind against the city by reason of discontinuance of water, wastewater or irrigation service to the customer for failure of the customer to pay the bills on time. (b) After an account has been delinquent for 20 days or more and the city has made reasonable efforts to collect the delinquent account, the city may remove the water meter. When the meter is reinstated, the city shall charge the normal installation fee. (c) For owner accounts that are delinquent, all amounts due and unpaid for payment of water, wastewater or irrigation water shall constitute a lien on the owner's real property in accordance with F.S. §§ 153.67 and 159.17. Such lien may be perfected, at the discretion of the city, by recordation of a notice of lien by the city in the public records of Lee County, Florida, if the delinquent amount has not been paid in full by the date due as indicated on the invoice. Subsequent liens may be recorded for additional invoices that remain unpaid after the date of any previous lien. The lien(s) shall be of equal dignity with the lien of state, county and municipal taxes. The city may foreclose the lien in the same manner as provided by the laws of Florida for the foreclosure of mortgages upon real property. Should the city elect not to record a lien and pursue foreclosure, such election shall not preclude the city from pursuing other enforcement mechanisms, including, but not limited to, filing suit to collect the delinquent amount, engaging outside collection agencies to pursue payment, and discontinuing service to the account holder's property. All costs and fees associated to either administer the lien process or collection agency, or both, shall be paid by the account holder at the time of satisfaction of the lien, or the collection of the delinquent amount. (Ord. 63-89, 10-10-1989; Ord. 29-94, 5-9-1994; Ord. 49-96, 9-24-1996; Ord. 52-97, 8-15-1997; Ord. 45-04, 4-26-2004; Ord. 137-04, 11-8-2004, effective date 1-1-2005; Ord. 131-08, 12-8-2008) (Ord. 23-75, § 2(2.16), 5-5-1975; Ord. 97-86, § 1, 1-26-1987; Ord. 131-08, 12-8-2008; Ord. 33-15, 8-31-2015)

Cape Coral Code of Ordinances § 19-18 Payment of water, sewer and irrigation service bills concurrently.

§ 19-18 - Payment of water, sewer and irrigation service bills concurrently. When both water, sewer and irrigation service are provided by the city, payment of any water service bill rendered by the city to a water service customer shall not be accepted by the city without the simultaneous or concurrent payment of any sewer and/or irrigation service bill rendered by the city, or vice versa. If the charges for either service are not paid, the city may discontinue both services to the customer's premises for nonpayment. The city shall not reestablish or reconnect service until such time as all service charges and all other expenses or charges established or provided for by these rules and regulations are paid. (Ord. 23-75, § 2(2.17), 5-5-1975; Ord. 137-04, 11-8-2004, effective date 1-1-2005)

Cape Coral Code of Ordinances § 19-19 Adjustment of bills.

§ 19-19 - Adjustment of bills. (a) General. When a customer has been overcharged or undercharged as a result of incorrect application of the rate schedules, incorrect reading of the meter, incorrect connection of the meter or other similar reasons, an amount necessary to correct the error may be credited or billed to the customer as determined by the Financial Services Department. (b) Water billing adjustment. The City Manager or his or her designee is hereby authorized to make adjustments to water bills resulting from involuntary use of water due to leaks in water service lines or defective plumbing fixtures. For purposes of this section, INVOLUNTARY USE is defined as water consumption resulting from one of the aforementioned causes, where the billed consumption exceeds the average monthly consumption for the previous six months by at least 100% and is a minimum of 10,000 gallons. Voluntary uses of water such as lawn watering or failure to turn off an outside hose shall not provide the basis for a water billing adjustment. The billing adjustment shall be based on a review of the account for the six-month period prior to the involuntary use. In the event the involuntary use encompasses two billing cycles, the calculation for the adjustment shall be based upon the average monthly consumption which exceeds two times the average monthly consumption for the previous six months. In order to obtain a water billing adjustment, the account holder must provide a written request seeking the adjustment and stating the reason for the involuntary use. The request must be received by the city within 60 days of the date of the billing for which the adjustment is sought and must be accompanied by evidence that a leak or other involuntary use has occurred and has been repaired. The written evidence may be an invoice from a plumber for the repair. Water billing adjustments shall be limited to the two month period prior to repair of the leak and may only be granted once in any 12-month period. The total amount of the adjustment shall not exceed 50% of the excess usage. (c) Sewer billing adjustment. The City Manager or his or her designee is hereby authorized to make adjustments to sewer bills resulting from involuntary use of water that does not result in the water entering the sanitary sewer system. Voluntary uses of water such as lawn watering or failure to turn off an outside hose shall not provide the basis for a sewer billing adjustment. The billing adjustment shall be based on a review of the account for the six-month period prior to the involuntary use. In the event the involuntary use encompasses two billing cycles, the calculation for the adjustment shall be based upon the average monthly consumption which exceeds two times the average monthly consumption for the previous six months. In order to obtain a sewer billing adjustment, the account holder must provide a written request seeking the adjustment and stating the reason for same. The request must be received by the city within 60 days of the date of the billing for which the adjustment is sought and must be accompanied by evidence that a leak or other involuntary use has occurred and has been repaired and must establish that the involuntary use did not result in the water entering the sanitary sewer system. Sewer billing adjustments shall be limited to the two month period prior to repair of the leak and may only be granted once in any 12-month period. The total amount of the adjustment shall not exceed 50% of the excess usage. (d) Sewer billing adjustment for filling or re-filling of swimming pools. The City Manager or his or her designee is hereby authorized to make adjustments to sewer bills in the event of total or partial filling or re-filling of a swimming pool which does not result in water entering the sanitary sewer system. The account holder must submit a written request for a sewer billing adjustment to the city no later than 30 business days after the date of the initial filling or re-filling of the pool. The written request shall specify the design capacity of the pool and certification by a licensed pool contractor substantiating the reason for same. The adjustment shall be calculated based on a review of the account for the six-month period prior to the filling or re-filling of the swimming pool and the design capacity of the pool. The sewer billing adjustment for filling or re-filling swimming pools shall be limited to one adjustment per 12-month period. In no event shall any adjustment for initial filling or re-filling of a pool exceed the total design capacity of the pool. (Ord. 34-16, § 1, 11-7-2016) (Ord. 34-16, § 1, 11-7-2016) (Ord. 23-75, § 2(2.23), 5-5-1975; Ord. 49-96, 9-24-1996; Ord. 52-97, 8-15-1997; Ord. 45-04, 4-26-2004)

Cape Coral Code of Ordinances § 19-20 Violations; penalties.

§ 19-20 - Violations; penalties. Unless otherwise specified, any person, firm, contractor, corporation, association or partnership found to have violated any of the provisions of this chapter shall be punished pursuant to § 1-14, City of Cape Coral Code of Ordinances. (Ord. 33-15, 8-31-2015)

Cape Coral Code of Ordinances § 19-21 Change of occupancy.

§ 19-21 - Change of occupancy. (a) When change of occupancy takes place on any premises supplied by the city with water/sewer service, written notice thereof shall be given at the Financial Services Department, not less than three days prior to the date of change, by the outgoing customer who will be held responsible for all water/sewer service used on the premises until the written notice is so received and the city has had reasonable time to discontinue water/sewer service. However, if the written notice has not been received, the qualified application of a succeeding occupant for water/sewer service will automatically terminate the prior account. A tenant's deposit, if any, may be transferred from one service location to another, if both locations are supplied by the city, provided that all bills for service for the existing location which is secured by the deposit are paid in full. (b) For the convenience of its customers, the city will accept signed facsimile orders to discontinue water/sewer service and will use all reasonable diligence in the execution thereof. Telephone orders to discontinue service will not be accepted. (c) New owners of either commercial or residential property are responsible for payment of a minimum water or water/sewer bill from the date of closing on the property irrespective of water being on or off. Whenever service is discontinued, a minimum bill is charged for the property. (Ord. 29-94, 5-9-1994; Ord. 49-96, 9-24-1996; Ord. 52-97, 8-15-1997; Ord. 14-02, 3-11-2002) (Ord. 119-02, 12-3-2002) (Ord. 23-75, § 2(2.19), 5-5-1975; Ord. 97-86, § 1, 1-26-1987; Ord. 49-96, 9-24-1996)

Cape Coral Code of Ordinances § 19-22 Unauthorized connections; penalties; appeals. (Ord. , § 1, 11-7-2016)

§ 19-22 - Unauthorized connections; penalties; appeals. (Ord. , § 1, 11-7-2016) (a) Connections to the city's water, sewer, or irrigation system for any purpose whatsoever are to be made only under the supervision of city employees. Unauthorized connections render the service subject to immediate discontinuance without notice, and water, sewer, or irrigation service will not be restored until such unauthorized connections have been removed and unless settlement is made in full for all water, sewer, or irrigation service estimated by the city to have been used by reason of the unauthorized connection. (b) Any person, firm, contractor, corporation, association or partnership who is found by the city to have made or caused to have made any connection prohibited by subsection (a) above shall be required by the city to pay the following to the city: (1) A penalty in the amount of: a. First offense: $250.00. b. Second offense: $500.00. c. Third and subsequent offenses: $750.00. (2) An amount equal to three times the connection fees and water, sewer, or irrigation service charges imposed by the city for such connection and water, sewer, or irrigation service provided. Said fees and charges shall be computed using the rates in effect at the time of the discovery of said unauthorized connection. For residential connections, the water, sewer, or irrigation service charges shall be estimated by using the average water, sewer, or irrigation use for similar types and sizes of residential users during the entire period from the date of a certificate of occupancy was issued for any dwelling unit found illegally connected to the system until the date of collection. For commercial connections, water, sewer, or irrigation service charges shall be estimated by using the average water, sewer, or irrigation use for similar types and sizes of commercial users during the entire period from the date of a certificate of occupancy was issued for any portion of the project served until the date of collection. (3) All costs of investigation and collection, including time, labor, material, attorney fees, court costs, and professional fees of any kind necessitated to determine that such unauthorized connection existed. (4) Unauthorized connections may be prosecuted according to F.S. § 812.14. (c) All persons, firms, contractors, corporations, associations or partnerships making or causing said unauthorized connection to be made and/or receiving the benefit of the water, sewer, or irrigation service shall be jointly and severally liable for the payment of the above-described amounts to the city. Water, sewer, or irrigation service shall be discontinued to such persons, firms, contractors, corporations, associations or partnerships until said amount is paid in full. In the event that any corporation is found to be liable for such sums and is not solvent or is without assets to make appropriate payment, the individual officers, directors and shareholders of such corporation shall be liable for such payment. (d) Any person, firm, contractor, corporation, association or partnership who is found by the city to have made or caused to have made any unauthorized connection may appeal a penalty, fee, or cost under this section. The person, firm, contractor, corporation, association or partnership shall notify the Code Compliance Manager within ten days of receipt of the notice of penalty, fee, or cost. Proper notice to the Code Compliance Manager shall stay the imposition of a penalty, fee, or cost, until adjudication by the Code Compliance Special Magistrate. The Special Magistrate shall conduct a hearing and consider evidence presented by the person, firm, contractor, corporation, association or partnership, and the city. The Special Magistrate shall make a decision based on the preponderance of the evidence standard. The decision of the Special Magistrate is a final administrative remedy as to the city. (Ord. 34-16, § 1, 11-7-2016) (Ord. 23-75, § 2(2.20), 5-5-1975; Ord. 33-15, 8-31-2015)

Cape Coral Code of Ordinances § 19-23 Meters to be furnished by and remain property of city; all water must pass through meter.

§ 19-23 - Meters to be furnished by and remain property of city; all water must pass through meter. (a) All water meters shall be furnished by and remain the property of the city and shall be accessible and subject to its control, except for meters installed for remetering pursuant to § 19-8(c). Except for the reference in the preceding sentence to "meters installed for remetering" throughout this Chapter 19, the term METER shall mean the city's meter for any property. The customer shall provide meter space to the city at a suitable and readily accessible location satisfactory to the city. (b) That portion of the customer's installation for water service shall be so arranged that all water service shall pass through the meter. No temporary pipes, nipples or spacers are permitted and under no circumstances are connections allowed which may permit water to bypass the meter or metering equipment. (Ord. 23-75, § 2(2.21, 2.22), 5-5-1975; Ord. 4-00, § 1, 1-31-2000)

Cape Coral Code of Ordinances § 19-24 Request for meter test by customer.

§ 19-24 - Request for meter test by customer. (a) Should any customer request a bench test of his or her water meter, the city will require a deposit to defray cost of testing. The City Council shall, after a duly noticed public hearing, establish and adopt by resolution a meter bench test deposit fee schedule. The City Council may modify the meter bench test deposit fee schedule from time to time by resolution. (b) If the meter is found to register in excess of the accuracy limits prescribed by standards set forth herein, the deposit will be refunded; but if below the accuracy limits, the deposit will be retained by the city as a service charge for conducting the test. (Ord. 23-75, § 2(2.25), 5-5-1975; Ord. 63-89, 10-10-1989; Ord. 33-15, 8-31-2015)

Cape Coral Code of Ordinances § 19-25 Meter accuracy requirements.

§ 19-25 - Meter accuracy requirements. All meters used for measuring quantity of water delivered to a customer shall be in good mechanical condition and shall be adequate in size and design for the type of service which they measure. Before being installed for the use of any customer, every water meter, whether new, repaired or removed from service for any cause, shall be adjusted to register within the accuracy limits set forth in the following table: ACCURACY LIMITS IN PERCENT | | | | | Meter Type | Maximum Rate | Intermediate Rate New | Repaired Displacement | 98.5—101.5 | 98.5—101.5 | 95—101.5 | 90—101.5 Compound* | 97—103 | 97—103 | 95—103 | 90—103 * The minimum required accuracy for compound meters at any rate within the "changeover" range of lows shall be 85%. | | | | (Ord. 23-75, § 2(2.28), 5-5-1975; Ord. 63-89, 10-10-1989)

Cape Coral Code of Ordinances § 19-26 Adjustment of bills for meter error.

§ 19-26 - Adjustment of bills for meter error. (a) In meter tests made by the city, the accuracy of registration of the meter and its performance in service shall be judged by its average error. The average meter error shall be considered to be the average of the errors at the test rate flows. (b) Whenever a meter tested is found to register fast in excess of the tolerance provided in the meter accuracy requirements provision herein, the city shall refund to the customer the amount billed in error for one-half the period since the last test; the one-half period not to exceed six months, except that if it can be shown that the error was due to some cause, the date of which can be fixed, the overcharge shall be computed back to but not beyond the date. The refund shall not include any part of any minimum charge. (Ord. 23-75, § 2(2.26, 2.27), 5-5-1975)

Cape Coral Code of Ordinances § 19-27 Initiation, continuation, resumption of water service evidence of sanitary sewer service use.

§ 19-27 - Initiation, continuation, resumption of water service evidence of sanitary sewer service use. The initiation or continuation or resumption of water service to the premises shall constitute the initiation, continuation or resumption of sanitary sewer service to the premises, regardless of occupancy. (Ord. 23-75, § 2(2.29), 5-5-1975)

Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=CH19WASEUT_ARTIGEPRFetched: 11/4/2026