3/16/2021 3:38:47 PM
3/16/2021 3:36:38 PM
Agenda Item Number
State Filed Date
Indian River County Utility Department
to establish procedures for waiver of certain penalties and interest and authorize foreclosure
for unpaid water and sewer accounts
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ORDINANCE NO. 2021-005 <br />AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION 201.22 <br />(RESPONSIBILITY FOR PAYMENT OF WATER/SEWER FEES; LIEN <br />FOR UNPAID BILLS) OF PART 1 (IN GENERAL) OF CHAPTER 201 <br />(COUNTY WATER AND SEWER SERVICES) OF THE CODE OF INDIAN <br />RIVER COUNTY, TO ESTABLISH PROCEDURES FOR WAIVER OF <br />PENALTIES AND INTEREST UNDER CERTAIN CIRCUMSTANCES AND <br />AUTHORIZE SETTLEMENTS AND FORECLOSURE ACTIONS; AND <br />PROVIDING FOR CODIFICATION; SEVERABILITY; CONFLICT OF <br />ORDINANCES; AND EFFECTIVE DATE OF THE ORDINANCE. <br />NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: <br />Section 1. Enactment Authority. <br />Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest <br />broad home rule powers in counties to enact ordinances, not inconsistent with general or <br />special law, for the purpose of protecting the public health, safety and welfare of the <br />residents of the county. The Indian River County Board of County Commissioners <br />specifically determines that the enactment of this ordinance is necessary to protect the <br />health, safety and welfare of the residents of Indian River County. <br />Section 2. Amendment of Section 201.22. <br />New language indicated by underline, and deleted language indicated by strikethrough. <br />Section 201.22 (Responsibility for payment of water/sewer fees; lien for unpaid bills) of <br />Part 1 (In General) of Chapter 201 (County Water and Sewer Services) of the Code of <br />Indian River County, Florida is hereby amended to read as follows: <br />CHAPTER 201. -COUNTY WATER AND SEWER SERVICES <br />PART I. -IN GENERAL <br />*** <br />Section. 201.22. -Responsibility for payment of water/sewer fees; impact fee loans, <br />special assessments, lien and/or foreclosure for unpaid bills. <br />*** <br />D. At any time that an account established under this Chapter has 24 months of <br />unpaid water and or sewer bills. the Department shall notify the property owner of the <br />County's intention to pursue foreclosure, where applicable. The Department shall give
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