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RESOLUTION 2011 = 102 <br /> A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF <br /> INDIAN RIVER COUNTY, FLORIDA , DELEGATING CERTAIN <br /> AUTHORITY TO THE CODE ENFORCEMENT BOARD AND THE <br /> COMMUNITY DEVELOPMENT DIRECTOR TO REDUCE , <br /> COMPROMISE , SATISFY AND RELEASE CODE ENFORCEMENT <br /> BOARD LIENS <br /> WHEREAS , chapter 162 , Florida Statutes authorizes the Board of County <br /> Commissioners ( " Board " ) to create a local government code enforcement board ; and <br /> WHEREAS , in section 103 . 03 ( 3 ) of the Code of Indian River County , the Board <br /> created the Indian River County Code Enforcement Board ( " Code Enforcement Board " ) ; <br /> and <br /> WHEREAS , section 162 . 09 ( 3 ) , Florida Statutes provides , in part , that " a lien <br /> arising from a fine imposed [ by the Code Enforcement Board ] runs in favor of the local <br /> governing body , and the local governing body may execute a satisfaction or release of <br /> lien entered pursuant to this section " ; and <br /> WHEREAS , the Florida Attorney General , in AGO 2002 - 62 , interpreted the <br /> aforesaid statutory language to mean that once a Code Enforcement Board fine <br /> becomes a lien , only the Board , and not the Code Enforcement Board or the <br /> Community Development Director , has the authority to reduce , compromise , satisfy or <br /> release the lien ; and <br /> WHEREAS , because the Code Enforcement Board has more direct involvement <br /> and knowledge with respect to specific fines levied in proceedings before it , the public <br /> interest is served if the Code Enforcement Board has authority , concurrent with the <br /> authority of the Board , to reduce , compromise , satisfy and release Code Enforcement <br /> Board liens ; and <br /> WHEREAS , because the satisfaction and release of Code Enforcement Board <br /> liens which are paid in full is a non -discretionary , ministerial act , the public interest is <br /> further served if the Community Development Director has authority , concurrent with <br /> authority of the Board and Code Enforcement Board , to satisfy and release Code <br /> Enforcement Board liens which are paid in full , <br /> NOW, THEREFORE , BE IT RESOLVED BY THE BOARD OF COUNTY <br /> COMMISSIONERS OF INDIAN RIVER COUNTY , FLORIDA THAT : <br /> 1 . Recitals . The above recitals are incorporated as the findings of the <br /> Board . <br /> 2 . Delegation of Authority to the Code Enforcement Board . The Board <br /> hereby delegates to the Code Enforcement Board the authority to reduce , <br />