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ORDINANCE NO. 2013 - 002 <br />AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION <br />201.08(,1)(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; MAKING FINDINGS AND PROVIDING <br />FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. <br />WHEREAS, sections 201.08(B) and (C) of the Code of Indian River County (the <br />"Code") requires that service availability charges be imposed on the owner of each water and <br />sewer Equivalent Residential Unit ("ERU") which is reserved for future use ("Service <br />Availability 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 significant outstanding balance of Service Availability <br />Charges upon which delinquency charges are accruing — namely, those which are based upon <br />ERUs 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 />NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: <br />Section 1. Enactment Authority. <br />Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest <br />broad home rule powers in counties to enact ordinances, not inconsistent with general or special <br />law, for the purpose of promoting the public health, safety and welfare of the residents of the <br />county. The Board specifically determines that the enactment of this ordinance is not <br />inconsistent with general or special law, and is necessary and appropriate to promote the health, <br />safety and welfare of the residents of Indian River County. <br />