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DEC 17- NO <br />BOOK 88 P4E.323 -7 <br />Mr. Pitiak questioned the County's procedure in taking over <br />the Park Place franchise, and he accused the County of making a <br />deal with the developer without notifying the Park Place <br />Homeowners' Association. <br />Director Pinto disagreed and stated that there was a public <br />hearing before the ordinance was adopted. He emphasized that Park <br />Place is no longer part of Indian River County Utilities. The City <br />of Sebastian has control of Park Place utilities. <br />Mr. Pitiak asked whether that meant that a home owner does not <br />have to pay the impact fee when he sells his home. <br />Attorney Vitunac explained that the County never said that the <br />tenant has to pay anything. The requirement is that when a mobile <br />home is transferred, some money is due under the franchise <br />agreement. The County cannot favor one side or the other. The <br />County wants to be paid and deals only with the landowner. <br />Mr. Pitiak asked the Commissioners to send a letter to the <br />mobile home park owner instructing that when a home is resold they <br />cannot withhold a certificate of occupancy until the impact fee is <br />paid. <br />Director Pinto explained that the Commission does not have the <br />authority to send that type of letter. <br />Discussion ensued, and Commissioner Bird clarified that the <br />mobile home park owner does not issue a certificate of occupancy. <br />He further clarified that from the very beginning the Commission <br />has consistently taken the position that impact fees that are due <br />for units in a mobile home park are the responsibility of the <br />mobile home park owner. If the owner has a lease agreement with <br />the tenants to pass that cost through, that is between the park <br />owner and the tenant, and the County has no authority to intervene. <br />There is no permit or license or anything that the County would <br />withhold from the buyer when a mobile home is sold. However, if <br />the park owner has some ability through a lease agreement not to <br />allow that new owner to occupy that unit until an impact fee is <br />paid, that is between the owner and the tenant. <br />Commissioner Macht felt there was misunderstanding regarding <br />the term "certificate of occupancy." <br />Bill Ramsey, president of the Aspen/Whispering Palms <br />Homeowners' Association, clarified that Mr. Pitiak means that the <br />owner has the right to reject anybody who wants to purchase a home <br />in that park. <br />Commissioner Macht felt that under the circumstances we could <br />write a letter to the mobile home park owner saying he should not <br />use the County as an excuse or as a means to threaten the tenants. <br />He felt that such a letter would not violate Florida Statute 723. <br />6 <br />M M M <br />