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Dylan Reingold, County Attorney <br />William K. DeBraal, Deputy County Attorney <br />Kate Pingolt Cotner, Assistant County Attorney <br />County Attorney's Matters - B. C.C. 5.1.18 <br />Of ce of <br />INDIAN RIVER COUNTY <br />MEMORANDUM <br />TO: Board of County Commissioners <br />FROM: Dylan Reingold, County Attorney <br />DATE: April 13, 2018 <br />SUBJECT: Draft Code Enforcement Fine Ordinance <br />BACKGROUND. <br />ATTORNEY <br />At the February 6, 2018, Indian River County Board of County Commissioners (the "Board") meeting, the <br />Director of Utility Services, Vincent Burke, explained that there had been various contractors tampering <br />with utility connections and, in some cases, bypassing safety devices that were protecting the public water <br />supply in residential communities with homes under construction. Mr. Burke stated that he believed that <br />the fines for such actions were not sufficient to deter the offending contractors. <br />Pursuant to section 162.09, Florida Statutes, a county with a population equal to or greater than 50,000 <br />may adopt, by a vote of at least a majority plus one of the entire governing body of the county, an <br />ordinance that gives code enforcement boards or special magistrates, or both, authority to impose fines in <br />excess of the limits otherwise set forth in statute. These fines shall not exceed $1,000 per day per <br />violation for a first violation, $5,000 per day per violation for a repeat violation. <br />At the February 6, 2018, Board meeting, the Board voted to direct staff to provide a draft ordinance <br />increasing the penalties for tampering with the water connections and to bring that draft ordinance back to <br />the Board for review. The concept of the higher fines was presented to and supported by the Development <br />Review and Permit Process Advisory Committee on February 21, 2018. <br />Consistent with the direction of the Board, the County Attorney's Office drafted the attached ordinance <br />imposing the maximum fines as set forth in section 162.09, Florida Statutes. The draft ordinance <br />incorporates into the sections of the Indian River County Code of Ordinances (the "Code") concerning the <br />Code Enforcement Board (Section 103.03 of the Code) and the Special Master (Section 103.06 of the <br />Code). To be consistent, the draft ordinance also includes the similar fines previously established by the <br />Board for commercial events at residence. <br />F.%4110-gAUnda1GENERAL1B CCl4gendndfmosVilegnl Connection Orrtrnanee.d _ 270 <br />