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Last modified
6/17/2020 4:24:54 PM
Creation date
6/17/2020 4:24:53 PM
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Ordinances
Ordinance Number
2020-007
Adopted Date
06/16/2020
Agenda Item Number
10.A.1.
Ordinance Type
Extension of Temporary Moratorium
State Filed Date
06\16\2020
Entity Name
Class B Biosolids
Subject
Extending Moratorium for 180 days effective July 5, 2020
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ORDINANCE NO. 2020-00 7 <br /> Section 4. Expiration of Temporary 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, January 1, 2021. The <br /> moratorium may be extended or terminated early by adoption of an ordinance or <br /> resolution of the 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 All ordinances or parts of ordinances in conflict herewith are hereby repealed.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 31st day of May, <br /> 2020, for a public hearing to be held on the 16th day of June, 2020, at which time it was <br /> moved for adoption by Commissioner Solari , seconded by Commissioner <br /> Flescher , and adopted. The vote on this ordinance was as follows: <br /> Chairman Susan Adams AYE <br /> Vice Chairman Joseph E. Flescher AYE <br /> Commissioner Tim Zorc AYE <br /> Commissioner Peter D. O'Bryan AYE <br /> Commissioner Bob Solari AYE <br /> The Chairman thereupon declared the ordinance duly passed and adopted this 16th day <br /> of June, 2020. <br /> 4 <br />
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