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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 anon- discretionary, ministerial act, V 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 />