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ORDINANCE NO. 2015 - 009 Section 2. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. Section 3. Amendment of Section 201.08(J)(4) of the Code. Section 201.08(J)(4) of the Code of Indian River County, Florida, is hereby amended to read as follows (new language indicated by underline, and deleted language indicated by strilengh): "(4) Delinquency charge. County shall charge an additional two dollars ($2.00) plus one and one-half (1 1/2) percent interest monthly (collectively "delinquency charges") on all outstanding balances including assessments, fees, charges, and other fees due (collectively "underlying charges") if payment is not made in full by each payment deadline date; provided, however, that the Utilities Director may waive some or all delinquency charges in connection with the reactivation of service of an existing account, where (i) payment in full of all underlying charges and delinquency charges would work a hardship to the customer, and such waiver is determined to be in the best interests of the County, and (ii) such waiver results in the immediate payment in full of all underlying charges and any delinquency charges which are not waived. With respect to service availability charges which (i) are based on the ownership of one or more ERUs which are reserved for future use but for which there has been no past or present use or consumption of services, and (ii) are unpaid as of April 2, 2013 July 24, 2015, such delinquency charges shall be waived if the unpaid service availability charges are paid in full at any time between April 2, 2013 July 24, 2015 and August 31, 2013 October 31, 2015." Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. 2