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Board of County Commissioners Page Two C' July 8, 2013 With respect to enforcement, §316.13 of the ordinance provides for enforcement by either the Code Enforcement Officer, acting through the Code Enforcement Board, or the Environmental Control Officer, acting through the Environmental Control Hearing Board. Under §100.05 of the Code and Chapter 162, Florida Statutes, the Code Enforcement Board has authority to order the cessation of violations, and to impose fines up to $500 per day of violation; and, under Chapter 85-427, Special Acts, Laws of Florida, the Environmental Control Hearing Board has the same authority. Both enforcement procedures — the Code Enforcement procedure under §103.07 of the Code, and the Environmental Control enforcement procedure under §13 of Chapter 85-427 — call for a preliminary notice of violation and an opportunity to correct,before enforcement proceedings are filed.' The new provisions relating to education and enforcement are highlighted in the attached copy of the proposed ordinance. It should be noted that while §403.9337, Florida Statutes, requires the County to meet certain criteria before it can adopt an ordinance more stringent than the Model Fertilizer Ordinance, the changes outlined above are not viewed by the County Attorney's Office as constituting a more stringent ordinance. Importantly, neither change imposes greater requirements upon County residents than those set forth in the Model Fertilizer Ordinance. Also, "guidance" sections in the model ordinance make clear that the ordinance may be revised to meet local conditions. Thus, the County Attorney's Office is confident that adoption of the proposed ordinance does not require the County to meet the statutory criteria for adoption (W of a more stringent ordinance. FUNDING. Funding is not currently included in the proposed fiscal year 2013/14 budget for activities relating to education or enforcement of a fertilizer ordinance. Administrative staff recommends that the Stormwater Division perform such education and enforcement activity. Additional staffing will be needed in order to provide effective education and enforcement, and the proposed 2013/14 budget will need to be adjusted accordingly. The estimated cost of an additional position is approximately $60,000. RECOMMENDATION. The County Attorney's Office recommends that the Chairman open the public hearing, take public input, and close the public hearing, and that the Board of County Commissioners then consider final adoption of the attached proposed fertilizer ordinance. ATTACHMENT(S). Proposed Fertilizer and Landscape and Management Ordinance Section 403.9337, Florida Statutes ASP:LAC ' Although both procedures allow for action without a preliminary notice of violation in the event of an emergency which poses a threat to public health,safety or welfare. FA40 *didaC%ENERALIB C CWgendaM—kFerf&=r 03-dm nµ/r