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,f <br />ORDINANCE NO. 2005- 046 <br />AN ORDINANCE OF THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA <br />AMENDING INDIAN RIVER COUNTY CODE SECTION <br />400.09. "UTILITY CONNECTS PROHIBITED UNTIL <br />N OTICE OF CERTIFICATE OF OCCUPANCY" <br />P ROVIDING FOR ELIMINATING THE REQUIREMENT OF <br />P OSTING A $500.00 DEPOSIT WITH THE COUNTY FOR <br />U TILITY SERVICE PRIOR TO ISSUANCE OF A <br />CERTIFICATE OF OCCUPANCY; PROVIDING FOR <br />CODIFICATION; PROVIDING FOR SEVERABILITY; AND <br />P ROVIDING FOR AN EFFECTIVE DATE. <br />WHEREAS, the Indian River County Code contains certain building regulations <br />set forth in Chapter 400; and <br />WHEREAS, Section 400.09 forbids utility connection to a structure under <br />construction until a certificate of occupancy is issued by the County; and <br />WHEREAS a builder may deposit the sum of $500.00 with the Building <br />Department so the utilities can be connected prior to issuance of the Certificate of <br />Occupancy. If the structure is occupied prior to issuance of the Certificate of <br />Occupancy, our code calls for forfeiture of the $500.00 deposit; and <br />WHEREAS, in 2001, Indian River County adopted the Florida Building Code, <br />providing statewide building regulations; and <br />WHEREAS, the Florida Building Code is updated every three years and this <br />Board adopted the Florida Building Code, 2004 edition; and <br />WHEREAS, the Florida Building Code, 2004 adequately addresses the issue of <br />utility connections prior to issuance of a Certificate of Occupancy in that it provides for <br />fines for each day a structure is occupied without a Certificate of Occupancy; and <br />WHEREAS, in light of the changes to the Building Code and in light of the <br />increase in building in the County, collecting the $500.00 deposits is no longer <br />necessary and only results in wasted staff time and resources in the Building <br />Department and the Office of Management and Budget; and <br />WHEREAS, elimination of the deposit willnot jeopardize the safety of the <br />citizens of the County; and <br />NOW, THEREFORE, BE. IT ORDAINED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: <br />1 <br />F:\Attorney\Bill\Ordinance Amendments\Power Bonds 400.09\final ordinance.doc <br />