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ORDINANCE NO. 2018 -026 <br />with general or special law, and is necessary and appropriate to promote the health, safety and <br />welfare of the residents of Indian River County. <br />Section 2. Findings. <br />The Board finds that the above "Whereas" clauses are true and correct, and hereby <br />incorporates such clauses as findings of the Board. <br />Section 3. Amendment of Section 201.08(,)(4) of the Code. <br />Section 201.08(J)(4) of the Code of Indian River County, Florida, is hereby amended to <br />read as follows (new language indicated by underline, and deleted language indicated by <br />striletlffeugh): <br />"(4) Delinquency charge. County shall charge an additional two dollars ($2.00) <br />plus one and one-half (1 1/2) percent interest monthly (collectively "delinquency <br />charges") on all outstanding balances including assessments, fees, charges, and <br />other fees due (collectively "underlying charges") if payment is not made in full by <br />each payment deadline date; provided, however, that the Utilities Director may <br />waive some or all delinquency charges in connection with the reactivation of <br />service of an existing account, where (i) payment in full of all underlying charges <br />and delinquency charges would work a hardship to the customer, and such waiver <br />is determined to be in the best interests of the County, and (ii) such waiver results <br />in the immediate payment in full of all underlying charges and any delinquency <br />charges which are not waived. <br />With respect to service availability charges which (i) are based on the ownership of <br />one or more ERUs which are reserved for future use but for which there has been <br />no past or present use or consumption of services, and (ii) are unpaid as of 3uly 24, <br />204 -5 -December 18, 2018, such delinquency charges shall be waived if the unpaid <br />service availability charges are paid in full at any time between My 24, 201-5 <br />December 18, 2018 and Oeteber-31, 299 March 18, 2019. Such waiver shall not <br />be eligible for those property owners who have received prior waivers under this <br />section." <br />Section 4. Severability. <br />If any part of this ordinance is held to be invalid or unconstitutional by a court of competent <br />jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain <br />in full force and effect. <br />2 <br />