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1988-21
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1988-21
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Last modified
3/20/2019 12:52:57 PM
Creation date
9/30/2015 4:03:36 PM
Metadata
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Ordinances
Ordinance Number
1988-21
Adopted Date
05/17/1988
Ordinance Type
Mining Operations Comprehensive Plan
State Filed Date
05\23\1988
Entity Name
Mining and Excavation Repealed
Code Number
Section 25 (r) New Section
Subject
Excavation and Fill
Codified or Exempt
Codified
Archived Roll/Disk#
2743
Supplemental fields
SmeadsoftID
1390
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ORDINANCE NO. 88 <br />within 30 days of expiration, the Community Devel- <br />opment Director shall notify the permit holder in <br />writing of the non-compliance and the pending <br />forfeiture of the compliance and/or restoration <br />bond. This notice shall also include notice of the <br />appeal process. <br />(a) The compliance bond shall be forfeited for <br />violating the conditions of site plan approval <br />including, but not limited to unapproved <br />off-site discharge of water, failure to <br />confine hauling to approved hauling routes, <br />operating in violation of the safety/security <br />plan, excavating within required setbacks, <br />mining of additional phases prior to restora- <br />tion of the previous phase, and activity not <br />consistent with permits issued by other <br />jurisdictional agencies. Upon appeal by the <br />applicant, the Board of County Commissioners <br />may, upon findings of fact, determine that the <br />violation did not occur or was insignificant <br />and may return all or part of the compliance <br />bond. <br />(b) The restoration bond shall be forfeited for <br />violating the conditions of restoration plan <br />approval including, but not limited to mine <br />abandonment prior to restoration, restoration <br />not completed within the approved time frame, <br />restoration not consistent with Water Manage- <br />ment Standards as contained in Section <br />25(r)(5) of this code, and restoration activi- <br />ty not consistent with permits issued by other <br />jurisdictional agencies. <br />The County shall use the funds to restore the <br />site in conformance with the approved site <br />plan. Any funds remaining after the com- <br />pletion of the work shall be returned to the <br />bond holder. <br />(6) Appeals. <br />(a) Any person receiving written notice of suspen- <br />sion of a permit and bond forfeiture may <br />within fifteen (15) days following the date of <br />such notice enter an appeal in writing to the <br />Board of County Commissioners of Indian River <br />County, Florida. Such appeal shall state the <br />location of the property, the date of the <br />notice of violations, and the grounds or basis <br />of the appeal. The Board of County <br />Commissioners, after holding a hearing on this <br />appeal, may continue the suspension, modify <br />the suspension, revoke the operating permit, <br />call for forfeiture of any bonds, or reverse <br />the decision of the Community Development <br />Director. <br />(b) No appeal filed later than fifteen (15) days <br />after the date of such notice shall be acted <br />upon by the Board of County Commissioners, <br />unless the County Administrator shall consent <br />�thereto. <br />(11 Use of public and private roads. Any mining permit issued <br />pursuant to this ordinance shall be subject to the following <br />provisions: <br />
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