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04/12/2016 (2)
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04/12/2016 (2)
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12/7/2020 11:36:37 AM
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6/30/2016 11:16:44 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
04/12/2016
Meeting Body
Board of County Commissioners
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t <br />citatioris (similar to traffic tickets). The CEB typically imposes fines of $100 per day for unresolved <br />code violations. As an alternative to the CEB hearing process, county code enforcement officers <br />have the power to issue citations for various violations, subject to specific procedures set forth in <br />County' Code Section 103.07 and FS Chapter 162. County Resolution No. 92-59 established a <br />schedule of citation fine amounts for various types of violations, including a $50 fine for vehicle <br />parking and storage violations (per vehicle) and $50 for noise violations. <br />Citation procedures include issuance of a warning for an initial violation with time given for <br />compliance. Most violations (80% to 90%) are resolved at this step in the process, without further <br />code enforcement action. A violation that occurs thereafter may be cited per occurrence. Under the <br />92-59 citation resolution currently in place, for example, a $50 citation may be issued for each <br />vehicle in violation of a parking regulation after a warning has been issued to the owner of the <br />premises. Citations are typically issued to the landowner, but may also include a tenant, renter, or <br />other'identified violator, depending on the circumstances and evidence. <br />Specific types of violations and associated fine amounts can be added to the County's current citation <br />schedule by adoption of a resolution, as was done in 2013 when fertilizer ordinance violations were <br />added. It should be noted that a citation issued by code enforcement staff can be appealed to either <br />County Court or to the Indian River County Code Enforcement Board. After due process, if the <br />citation fine is upheld and remains unpaid, the fine is recorded in the public records as a lien against <br />any real or personal property owned by the respondent. <br />Fines/Citations for Vacation Rentals <br />Regarding short term vacation rentals, the types of violations anticipated to occur most often that <br />would warrant citations are parking violations, commercial events at residences, and failure to obtain <br />or maintain a county license. County Resolution 92-59, which established fines and notice time <br />frames for various code violations, includes fines for general illegal parking and storage ($50 per <br />vehicle), but does not list a fine for commercial events at residences, for parking violations specific <br />to vacation rentals, or for failure to obtain or maintain a license. For those reasons, the 92-29 citation <br />resolution needs to be revised to list fines for those violations. Moreover, the revisions should <br />distinguish between first time violations and repeat violations, with higher fines for repeat violations <br />to deter recurrence. <br />For vacation rental vehicle parking violations, staffs position and the committee recommendation is <br />that a $50 fine (per vehicle) for first violations and a $100 fine (per vehicle) for repeat violations are <br />appropriate amounts. Regarding commercial events at residences, the fines should be substantially <br />higher so as not to be absorbed as a "cost of doing business." Consistent with allowances under FS <br />Chapter' 162, staff supports and the committee recommends that the County establishment of a fine <br />of $1,000 for first violations and $5,000 for repeat violations of the commercial event at residence <br />restrictions. Last of all, the committee recommends that a deadline of 30 business days (f6 weeks) <br />after notice be established for an unlicensed rental unit. As proposed, if that deadline passes without <br />the unit owner obtaining a county vacation rental license, a $100 per day fine will start and accrue for <br />each day that a violator has failed to obtain a license after the 30 day deadline. <br />M:\AGENDA\Current Year\2016\Consideration of Recommendations from the STVRAC 041216 BCC.docx 5 <br />156 <br />
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