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