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2006-038
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2006-038
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Last modified
8/24/2016 3:24:02 PM
Creation date
9/30/2015 4:13:35 PM
Metadata
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Ordinances
Ordinance Number
2006-038
Adopted Date
11/14/2006
Agenda Item Number
9.A.2.
Ordinance Type
Water and Sewer Services
State Filed Date
11\22\2006
Entity Name
Capacity Charges upon Hardship
Code Number
Section 201.09D
Subject
Time Payment of Capacity and Other Charges
Archived Roll/Disk#
3126
Supplemental fields
SmeadsoftID
1609
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by the board. This period may be extended to ten (10) years if the applicant can <br />successfully demonstrate to the department that all other funding sources have been <br />exhausted and provided the department does not have a cash flow problem. In <br />cases where private communities are served by a private package water system and <br />the private package water system has been formally declared in violation of <br />acceptable water quality standards by the Florida Department of Environmental <br />Protection and the private community is requested to connect to the County water <br />system, the County, at its sole option, may allow for a connection to the County water <br />system. Under the foregoing circumstances, the private community will be required to <br />pay the current related water system capacity and water hook up charges. If the <br />private community can sufficiently demonstrate, to the reasonable satisfaction of the <br />County, that the unforeseen payment of these capacity and water hook up charges <br />are a financial burden, and that all other funding sources have been exhausted and <br />provided the department does not have a cash flow problem, the county may allow <br />the financing of these charges for a period of up to 20 years A superior lien for any <br />such amounts due shall be executed in recordable form reflecting the payment <br />schedule and may be filed in the public records of Indian River County, Florida. Upon <br />all payments being made in full, the lien shall be released of record. <br />PART II: GENERAL PROVISIONS <br />SECTION 1: SEVERABILITY. <br />If any clause, section or provision of this Ordinance shall be declared by a court <br />of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the <br />same shall be eliminated from this Ordinance and the remaining portion of this <br />Ordinance shall be in full force and effect and be as valid as if such invalid portion <br />thereof had not been incorporated therein. <br />SECTION 2: REPEAL OF CONFLICTING ORDINANCES. <br />The provisions of any other Indian River County ordinance that are inconsistent <br />or in conflict with the provisions of this Ordinance are repealed to the extent of such <br />inconsistency or conflict. <br />SECTION 3: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. <br />The provisions of this Ordinance shall become and be made a part of the Code <br />of Laws and Ordinances of Indian River County, Florida. The sections of the <br />Ordinance may be renumbered or relettered to accomplish such, and the word <br />"ordinance" may be changed to "section", "article", or any other appropriate word. <br />SECTION 4: EFFECTIVE DATE. <br />This Ordinance shall become effective on filing with the Department of State. <br />2 <br />
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