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ORDINANCE NO. 2013 - 002 <br /> AN ORDINANCE OF TIIE BOARD OF COUNTY COMMISSIONERS OF <br /> INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION <br /> 201.08(J)(4) OF THE CODE OF INDIAN RIVER COUNTY; <br /> ESTABLISHING AN AMNESTY PROGRAM RELATING TO <br /> DELINQUENCY CHARGES ON CERTAIN UTILITY SERVICE <br /> AVAILABILITY CHARGES; MAKING FINDINGS AND PROVIDING <br /> FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. <br /> WHEREAS, sections 201.08(B) and (C) of the Code of Indian River County (the <br /> "Code") requires that service availability charges be imposed on the owner of each water and <br /> sewer Equivalent Residential Unit ("ERU") which is reserved for future use ("Service <br /> Availability Charges"); and <br /> WHEREAS, section 201.08(J)(4) of the Code provides that the County shall charge <br /> delinquency charges on all outstanding balances, including outstanding balances of Service <br /> Availability Charges; and <br /> WHEREAS, there is currently a significant outstanding balance of Service Availability <br /> Charges upon which delinquency charges are accruing — namely, those which are based upon <br /> ERUs reserved for future use,but for which there has been no past or present use or consumption <br /> of water or sewer services ("Reserved ERU Service Availability Charges"); and <br /> WHEREAS, payment of Reserved ERU Service Availability Charges is important to the <br /> financial well-being of the County's water and sewer system, because such charges reimburse <br /> the County for its expense in maintaining the infrastructure built to provide capacity for reserved <br /> ERUs; and <br /> WHEREAS, the creation of an amnesty program which, for a limited period of time, <br /> waives delinquency charges upon the payment in full of outstanding Reserved ERU Service <br /> Availability Charges will serve the public interest by encouraging the payment of such charges, <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 special <br /> law, for the purpose of promoting the public health, safety and welfare of the residents of the <br /> county. The Board specifically determines that the enactment of this ordinance is not <br /> inconsistent with general or special law, and is necessary and appropriate to promote the health, <br /> safety and welfare of the residents of Indian River County. <br /> 1 <br /> 147 <br />