SEBASTIAN — According to an ancient City Code, (circa 1980) owners of improved property in Sebastian are required to connect to available sewer lines. The penalty for non-compliance is a $500-a-day fine.
This obscure section of the Code has not been enforced, or apparently even known about, at least since current city leaders and staff have been around, having been enacted back when the city owned the sewer system, before turning it over to the county sometime late in the last century.
The existence of such a code requirement was briefly referenced by Mayor Richard Gillmor, in a November Council discussion about $100,000 the City has offered, for close to three years now, to help property owners connect to available sewer lines – an opportunity no one has taken advantage of so far.
“We’ve offered a carrot, and no one bit,” said Gillmor. “Now, in light of the plight of the lagoon, maybe there should be a stick. Some residences and businesses have been there for years, and those old drain field plumes can extend into the lagoon.”
Currently many properties in the city remain on septic tank systems. Especially along Indian River Drive, when old systems fail, the result can severely endanger the delicate lagoon ecosystem.
The city’s Code of Ordinances, Article II, Water and Sewer Connections, states, in part: “The use of individual sewage disposal systems and/or septic tanks, grease traps and dry wells by any person in the area where central sewage collection service is available is hereby prohibited . . . . The owner of improved real property wherein either sewer collection service or water distribution service, or both services, becomes available, shall cause the connections of such available services to the improvements on the premises within 30 days of receipt of notification that the utility has installed the necessary meters. . . . Any person convicted of failure to connect to the water or sewer system after having received proper notification as provided in section 102-34, shall be punished by a fine of up to $500. Each day such a condition exists shall be considered a separate violation.”
Indian River County Utilities Director Vincent Burke said he is not aware of any letters notifying property owners of the requirement based on Sebastian’s code. Any letters from the county, Burke explained, would be through the Health Department, sent when a specific septic system fails, and would be based on the County’s Codes, not the City’s.
Besides raising the possibility of fines for property owners who cling to their septic systems, Gillmor suggested offering a $5,000 grant to those who comply with code and hook-up to available sewer lines.
Council member Andrea Coy said the old ordinance should be reviewed.
“We can’t go back to septic tanks. Obviously it would be better [to switch to sewer] before a septic system fails.”
She suggested considering no-interest loans for property owners who wish to connect but may not be able to afford the $10,000-plus out-of-pocket cost.
Council member Jim Hill said much more information should be collected before any decisions are made, including how many city properties currently on septic have access to the sewer system and what exactly is in the code.
“We don‘t have enough money to fund them all. We need the numbers in front of us,” Hill stated.
Council requested that city staff “get the facts” and report back.