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Dylan Reingold County Attorney <br />William K. DeBraal, Deputy, County Attorney <br />Kate Pingolt Cotner, Assistant County Attorney <br />0 <br />Public Hearings - B. CC 12. 1& 18 <br />Office of <br />INDIAN RIVER COUNTY <br />ATTORNEY <br />TO: Board of County Commissioners <br />FROM: Dylan Reingold, County Attorney � tl <br />DATE: December 18, 2018 <br />SUBJECT: Public Hearing and Adoption of Ordinance Establishing Amnesty Program for Certain <br />Utility Delinquency Charges <br />Under section 201.08(13) of the Code of Indian River County ("Code"), service availability charges are <br />imposed on the owner of each water and sewer Equivalent Residential Unit ("ERU") which is reserved <br />for future use. This charge is necessary to recover to Indian River County the cost of repairing and <br />maintaining the capacity in the water/sewer system which is reserved for the ERU. <br />In the 2004-2006 timeframe, several property owners acquired ERUs for planned developments. <br />However, with the economic slowdown that followed, many of these developments were not built — <br />leaving the property owner with ongoing service availability charges for each ERU acquired. When <br />property owners were unable or unwilling to pay these charges, delinquency charges of $2 and 1.5% <br />interest were imposed monthly, pursuant to section 201.08(J)(4) of the Code. As a result, large amounts <br />of service availability and delinquency charges are due with respect to several properties in Indian River <br />County. There have been several limited amnesty periods that have been approved by the Indian River <br />County Board of County Commissioners ("Board") over the past several years, during which <br />delinquency charges have been waived if the service availability charges were paid in fwl. <br />On December 4, 2018, the Board approved the language of the draft 90 -day ERU amnesty ordinance and <br />directed staff to bring back the proposed ordinance which contains a final amnesty period to a public <br />hearing on December 18, 2018. As with previous amnesty periods, the Utilities Department will notify <br />owners of this new amnesty period. <br />