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Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney lo�A,Z Public Hearings - B. C C. 5.22.18 Oce of LEGISLATIVE INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: May 4, 2018 SUBJECT: Code Enforcement Fine Ordinance ATTORNEY At the February 6, 2018, Indian River County Board of County Commissioners (the "Board") meeting, the Director of Utility Services, Vincent Burke, explained that there had been various contractors tampering with utility connections and, in some cases, bypassing safety devices that were protecting the public water supply in residential communities with homes under construction. Mr. Burke stated that he believed that the fines for such actions were not sufficient to deter the offending contractors. Pursuant to section 162.09, Florida Statutes, a county with a population equal to or greater than 50,000 may adopt, by a vote of at least a majority plus one of the entire governing body of the county, an ordinance that gives code enforcement boards or special magistrates, or both, authority to impose fines in excess of the limits otherwise set forth by statute. These fines shall not exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a repeat violation. At the February 6, 2018 Board meeting, the Board voted to direct staff to provide a draft ordinance increasing the penalties for tampering with the water connections and to bring that draft ordinance back to the Board for review. The concept of the higher fines was presented to and supported by the Development Review and Permit Process. Advisory Committee on February 21, 2018. Consistent with the direction of the Board, the County Attorney's Office drafted the attached ordinance imposing the maximum fines as set forth in section 162.09, Florida Statutes. The draft ordinance incorporates into the sections of the Indian River County Code of Ordinances (the. "Code") concerning the Code Enforcement Board (Section 1.03.03 of the Code) and the Special Master (Section 103.06 of the Code). To be consistent, the draft ordinance also includes the similar fines previously established by the Board for commercial events at residence. On May 1, 2018, the Board voted to direct staff to set a public hearing on the draft ordinance. F. WI—tvvrnAatG&VERALB C CUrnAa Ale—Vllegd cnnnenrnn Public Nearing Ordlnancodac 156