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ORDINANCE NO. 2017- olo <br />459.0137, Florida Statutes, or registered as a Medinal Marijuana Treatment <br />Center, �Gle X, Se tine 29 of the Florida Constitution-, or no <br />longer holds a current business tax receipt for a pain management clinic, or <br />the controlled substance registration issued by the United States <br />Department of Justice, Drug Enforcement Administration to any person <br />prescribing, administering or dispensing controlled substances at the pain <br />management clinic has been suspended, revoked or denied renewal. <br />(10) Emergency Suspension of Permit. Upon clear and convincing proof that <br />one or more of the events set forth in subsection (9) have occurred, and upon a <br />finding that continued operation of the pain management clinic presents an <br />immediate danger to the health, safety and welfare of the residents of Indian River <br />County, the Department shall be authorized immediately to suspend the pain <br />management clinic's permit. In such event, the permit holder shall have the right <br />of appeal as set forth in section 100.06 of this Code. The suspension shall be <br />considered a decision of a department head for the purpose of applying section <br />100.06. All aspects of the appeal shall be expedited. An appeal fee shall be paid <br />by the applicant at the time of filing an appeal to the Board. The amount of the <br />fee shall be set by resolution of the Board. The amount shall be sufficient to <br />recover the County's approximate cost of reviewing and acting upon the appeal. <br />Any emergency suspension pursuant to this subsection shall continue for a <br />period not to exceed six (6) months; provided, however, that if revocation of the <br />permit is sought, the Code Enforcement Board or court of competent jurisdiction <br />in which the revocation request is pending may extend the suspension beyond <br />six (6) months until completion of the revocation proceedings, if necessary to <br />protect the health, safety and welfare of the residents of Indian River County. <br />(11) Change in Information or Statements. The permit holder shall notify the <br />Department in writing of any change in any information or statements submitted <br />pursuant to subsections (2) a. — hi. or (3)a. — d. above, or of any change in any <br />facts or circumstances such that any information or statements submitted <br />pursuant to subsections (2) a. — hi. or (3)a. — d. are no longer completely true and <br />accurate. Such notification shall be provided within thirty (30) days of the change. <br />Section 5. Severability. If any part of this ordinance is held to be invalid or unconstitutional <br />by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by <br />such holding and shall remain in full force and effect. <br />F. Attorney bnda.GENTAIL Resolunoos & 0,,h ... ces Ord—... Pain Cl-csSfed- afar jnana Reyeal and Ban. docs 11 <br />