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6/22/1999
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6/22/1999
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6/19/2018 11:25:19 AM
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
06/22/1999
Meeting Body
Board of County Commissioners
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fees actually paid, without interest, based on the impact fee schedule in <br />effect at the time of original payment, provided the Department has resold <br />such ERUs. Subsequent water use or sewage flow in excess of flows <br />corresponding to customers number of assigned ERUs will be subject to <br />the excess volume surcharge stipulated in section 201.08." <br />is amended to read as follows: <br />"Refund of capacity charges. Any commercial customer whose maximum <br />monthly water use or sewage flow remains below the amount <br />corresponding to the number of ERUs assigned to such customer for a <br />period of twenty-four months and for which capacity charges have been <br />paid, may make application to the Department to reduce the number of <br />ERUs assigned and seek corresponding reimbursement of capacity <br />charges paid, as they are resold by the County. The County may refund <br />capacity charges actually paid, without interest, based on the capacity <br />charge schedule in effect at the time of original payment or at the <br />prevailing rate, whichever is less, provided the Department has resold <br />such ERUs since the capacity charge refund application was made. <br />Subsequent water use or sewage flow in excess of flows corresponding to <br />customer's number of assigned ERUs will be subject to the provisions of <br />this chapter." <br />SECTION 15. <br />Section D. shall be added to Section 201.22, and shall read as follows: <br />"Provisions of this subsection apply to rental residential complexes where <br />tenants are not real property owners. Its primary application is to <br />apartments, recreation vehicle parks and trailer parks where short-term <br />tenancies are the norm. Applicability of this subsection to <br />mobile/manufactured home communities, which generally are based on <br />lifetime homeowner tenancies, is subject to the constraints having been <br />placed upon the laws and ordinances enacted by units of local <br />government by Chapter 723, Florida Statutes. The state legislature's <br />intent and preemption of the subject matter and of state regulation of the <br />complex relationship which exists between manufactured home park <br />owners and tenants are set forth in Sections 723.004(1),(2), and (3), <br />which prohibit any units of local government from enacting any laws or <br />ordinances in conflict with Chapter 723, F.S." <br />SECTION 16. <br />Section 201.33, which reads: <br />"This chapter shall be effective in the entire unincorporated area of Indian <br />River County and in those parts of municipalities in which the county is the <br />provider of water or wastewater utility services." <br />is amended to read as follows: <br />"This chapter shall be effective in the entire unincorporated area of Indian <br />River County and in those parts of municipalities in which the county is the <br />provider of water or wastewater utility services or outside Indian River <br />County if authorized by the County." <br />SECTION 17. <br />Section 201.34.B.(2), which reads: <br />"Discontinuance of service and penalty fees. The County shall have the <br />authority to enforce the provisions of this section by the discontinuance of <br />water service in the event of violation hereof. All water used in violation of <br />JUNE 22, 1999 <br />43 <br />BOOK 109 PAGE GA <br />
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