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(including fines and citations) are applicable, as proposed and described later in this report. In contrast to Indian River County's position, Monroe County's ordinance is grandfathered -in (adopted prior to 2011) and therefore Monroe County has the legal authority under state law to deny or revoke a vacation rental permit and use, authority that Indian River County does not have. Persistent violations of the county ordinance could be relayed to the state regulating authority, the Department of Business and Professional Regulation, for possible action against the state issued license. Staff's conclusion is that Indian River County's existing and proposed regulations adequately address items covered in the Monroe County regulations and are appropriate for Indian River County. A comparison chart of Monroe County and Indian River County existing and proposed requirements is attached (see attachment 10). • Recommended Fine Schedule for Violations Fines & Citations Powers Staff primarily enforces county codes by one of two means: by bringing cases to the Indian River County Code Enforcement Board (CEB) for Board issuance of orders and fines, or by issuing citations (similar to traffic tickets). The CEB typically imposes fines of $100 per day for unresolved code violations. As an alternative to the CEB hearing process, county code enforcement officers have the power to issue citations for various violations, subject to specific procedures set forth in County Code Section 103.07 and FS Chapter 162. County Resolution No. 92-59 established a schedule of citation fine amounts for various types of violations, including a $50 fine for vehicle parking and storage violations (per vehicle) and $50 for noise violations. Citation procedures include issuance of a warning for an initial violation with time given for compliance. Most violations (80% to 90%) are resolved at this step in the process, without further code enforcement action. A violation that occurs thereafter may be cited per occurrence. Under the 92-59 citation resolution currently in place, for example, a $50 citation may be issued for each vehicle in violation of a parking regulation after a warning has been issued to the owner of the premises. Citations are typically issued to the landowner, but may also include a tenant, renter, or other identified violator, depending on the circumstances and evidence. Specific types of violations and associated fine amounts can be added to the County's current citation schedule by adoption of a resolution, as was done in 2013 when fertilizer ordinance violations were added. It should be noted that a citation issued by code enforcement staff can be appealed to either County Court or to the Indian River County Code Enforcement Board. After due process, if the citation fine is upheld and remains unpaid, the fine is recorded in the public records as a lien against any real or personal property owned by the respondent. Fines/Citations for Vacation Rentals Regarding short term vacation rentals, the types of violations anticipated to occur most often that would warrant citations are parking violations, commercial events at residences, failure to obtain or maintain a county license, and violations of vacation rental license conditions. County Resolution M:\NGENDA\Current Year\2016\Consideration of Proposed Vacation Rental Ordinance Establishing Local License Requirement and 11 Vacation Rental Regulations 0621 l6.docx 133