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ORDINANCE NO. 2013 - oo? <br />Section 2. Findings. <br />The Board finds that the above "Whereas" clauses are true and correct, and hereby <br />incorporates such clauses as findings of the Board <br />Section 3. Amendment of Section 201.08(J)(4) of the Code. <br />Section 201.08(J)(4) of the Code of Indian River County, Florida, is hereby amended to <br />read as follows (new language indicated by underline, and deleted language indicated by <br />striket4eugh): <br />"(4) Delinquency charge. County shall charge an additional two dollars ($2.00) <br />plus one and one-half (1 1/2) percent interest monthly (collectively "delinquency <br />charges") on all outstanding balances including assessments, fees, charges, and <br />other fees due (collectively "underlying charges") if payment is not made in full <br />by each payment deadline date; provided, however, that the Utilities Director may <br />waive some or all delinquency charges in connection with the reactivation of <br />service of an existing account, where (i) payment in full of all underlying charges <br />and delinquency charges would work a hardship to the customer, and such waiver <br />is determined to be in the best interests of the County, and (ii) such waiver results <br />in the immediate payment in full of all underlying charges and any delinquency <br />charges which are not waived. <br />With respect to service availability charges which (i) are based on the ownership <br />of one or more ERUs which are reserved for future use but for which there has <br />been no past or present use or consumption of services, and (ii) are unpaid as of <br />April 2, 2013 14, 2012, such delinquency charges shall be waived if the <br />unpaid service availability charges are paid in full at any time between April 2, <br />2013 Febn aff 14, 2012 and August 31, 2013 Mareh 31, 2012. This waivef shah <br />Section 4. Severability. <br />If any part of this ordinance is held to be invalid or unconstitutional by a court of <br />competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and <br />shall remain in full force and effect. <br />Section 5. Codification. <br />It is the intention of the Board of County Commissioners that the provisions of this <br />ordinance shall become and be made part of the Indian River County Code, and that the sections <br />of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to <br />section, article or such other appropriate word or phrase in order to accomplish such intention. <br />2 <br />