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2019-021
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Last modified
12/16/2019 1:16:54 PM
Creation date
12/16/2019 1:16:37 PM
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Ordinances
Ordinance Number
2019-021
Adopted Date
12/10/2019
Agenda Item Number
10.A.1.
Ordinance Type
2019-021
State Filed Date
12\11\2019
Entity Name
Class B Biosolids
Subject
Extending the Moratorium 180 days
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ORDINANCE NO. 2019- 021 <br />Section 4. Expiration of Temoorary Moratorium. <br />The temporary moratorium imposed by Section 3 of this ordinance expires 180 days from <br />the moratorium effective date set forth in this ordinance, July 5, 2020. The moratorium <br />may be extended or terminated early by adoption of an ordinance or resolution of the <br />Indian River County Board of County Commissioners. <br />Section 5. Study of Class B Biosolids. <br />The Indian River County Board of County Commissioners directs the County <br />Administrator to continue to coordinate with the Florida Department of Environmental <br />Protection and the St. Johns River Water Management District and to continue to study <br />in depth and report findings of and any recommendations concerning Class B biosolids <br />land application activities and its potential adverse effect within 180 days after the <br />effective date as set forth in this ordinance. <br />Section 6. Exhaustion of Administrative Remedies. <br />A property owner claiming that this ordinance, as applied, constitutes or would constitute <br />a temporary or permanent taking of private property or an abrogation of vested rights shall <br />not pursue such claim in court unless he or she has first exhausted administrative <br />remedies. <br />Section 7. 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 <br />remain in full force and effect. <br />Section 8. Conflict. <br />All ordinances or parts of ordinances in conflict herewith are hereby repealed. <br />Section 9. Effective Date. This ordinance shall become effective upon adoption by the <br />Board of County Commissioners and filing with the Department of State. <br />This ordinance was advertised in the Indian River Press Journal on the 24th day of <br />November, 2019, for a public hearing to be held on the 10th day of December, 2019, at <br />which time it was moved for adoption by Commissioner Bob Solari , seconded by <br />Commissioner Joseph Flescher and adopted. The vote on this ordinance was as <br />follows: <br />Chairman Susan Adams <br />AYE <br />Vice Chairman Joseph E. Flescher <br />AYE <br />Commissioner Tim Zorc <br />AYE <br />Commissioner Peter D. O'Bryan <br />AYE <br />Commissioner Bob Solari <br />AYE <br />The Chairman thereupon declared the ordinance duly passed and adopted this 10th day <br />of December, 2019. <br />4 <br />
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