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ORDINANCE NO. 2012 - 001 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is not inconsistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River County. Section 2. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board Section 3. Amendment of Section 201.08(J)(4) of the Code. Section 201.08(J)(4) of the Code of Indian River County, Florida, is hereby amended to read as follows (new language indicated by underline, and deleted language indicated by str- koto,,.,,,,g ): "(4) Delinquency charge. County shall charge an additional efo dollars and fifty ee„ts ($1.50) two dollars ($2.00) plus one and one-half (1 1/2) percent interest monthly (collectively "delinquency charges") on all outstanding balances including assessments, fees, charges, and other fees due (collectively"underlying charges") if payment is not made in taW full by each payment deadline date; provided however, that the Utilities Director may waive some or all delinquency charges in connection with the reactivation of service of an existing account, where (i) payment in full of all underlying charges and delinquency charges would work a hardship to the customer, and such waiver is determined to be in the best interests of the County, and (ii) such waiver results in the immediate payment in full of all underlying chargees and any delinquency charges which are not waived. With respect to service availability charges which (i) are based on the ownershi of one or more ERUs which are reserved for future use but for which there has been no past or present use or consumption of services, and (ii) are unpaid as of February 14 2012 such delinquency charges shall be waived if the unpaid service availability charges are paid in total at any time between February 14, 2012 and March 31. 2012. This waiver_ shall include delinquency charges, as set forth in Resolution 91-31."