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2020-016
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Last modified
11/12/2020 11:10:31 AM
Creation date
11/12/2020 10:47:01 AM
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Ordinances
Ordinance Number
2020-016
Adopted Date
11/10/2020
Agenda Item Number
10.A.1.
Ordinance Type
Moratorium
State Filed Date
11\10\2020
Entity Name
Biosolids Moratorium Extension
Blue Cypress Lake
Subject
Extending the Class B Biosolids Moratorium until January 1, 2022
Codified or Exempt
Exempt
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ORDINANCE NO. 2020-016 <br />Section 4. Expiration of Temporary Moratorium. <br />The temporary moratorium imposed by Section 3 of this ordinance expires 1 year from <br />the moratorium effective date set forth in this ordinance, January 1, 2022. 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 1 year after the effective <br />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All ordinances or parts of ordinances in conflict herewith are hereby repealed.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 25th day of <br />October, 2020, for a public hearing to be held on the 10th day of November, 2020, at which <br />time it was 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 <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 November, 2020. <br />4 <br />
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