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ORDINANCE NO. 2012 - 001 <br />AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION <br />201.080(4) OF THE CODE OF INDIAN RIVER COUNTY; <br />ESTABLISHING AN AMNESTY PROGRAM RELATING TO <br />DELINQUENCY CHARGES ON CERTAIN UTILITY SERVICE <br />AVAILABILITY CHARGES; AUTHORIZING THE UTILITIES <br />DIRECTOR TO WAIVE DELINQUENCY CHARGES UNDER <br />SPECIFIED CONDITIONS; UPDATING THE AMOUNT OF <br />DELINQUENCY CHARGES; MAKING FINDINGS AND PROVIDING <br />FOR SEVERABILITY AND AN EFFECTIVE DATE. <br />WHEREAS, section 201.08(B) and (C) of the Code of Indian River County (the "Code") <br />requires that service availability charges be imposed on the owner of each water and sewer <br />Equivalent Residential Unit ("ERU") which is reserved for future use ("Service Availability <br />Charges"); and <br />WHEREAS, section 201.08(J)(4) of the Code provides that the County shall charge <br />delinquency charges on all outstanding balances, including outstanding balances of Service <br />Availability Charges; and <br />WHEREAS, there is currently a large outstanding balance of certain Service Availability <br />Charges upon which delinquency charges are accruing — namely, those which are based upon <br />E,RUs reserved for future use, but for which there has been no past or present use or consumption <br />of water or sewer services ("Reserved ERU Service Availability Charges"); and <br />WHEREAS, payment of Reserved ERU Service Availability Charges is important to the <br />financial well-being of the County's water and sewer system, because such charges reimburse <br />the County for its expense in maintaining the infrastructure built to provide capacity for reserved <br />ERUs; and <br />WHEREAS, the creation of an amnesty program which, for a limited period of time, <br />waives delinquency charges upon the payment in full of outstanding Reserved ERU Service <br />Availability Charges will serve the public interest by encouraging the payment of such charges; <br />and <br />WHEREAS, in addition to the amnesty program, and in light of current economic <br />conditions, it is appropriate that the Utilities Director be authorized to waive delinquency charges <br />on other outstanding balances under specified conditions; and <br />WHEREAS, it is also appropriate to amend section 201.08(J)(4) so that the amount of <br />the delinquency charges stated therein is consistent with the amount set forth in subsequent <br />Board resolutions. <br />