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Home My WebLink About2005-047ORDINANCE NO. 2005- 047 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING INDIAN RIVER COUNTY CODE CHAPTER 955, MOVING OF STRUCTURES, TO DELETE A BONDING REQUIREMENT; P ROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN E FFECTIVE DATE. WHEREAS, Chapter 955 of the Code of Indian River County requires a person to post a bond with the County prior to moving a structure within the County; and WHEREAS, the bond is required to ensure that the house would be moved to its new location promptly; be tied to a foundation and hooked up to e lectric and plumbing consistent with applicable codes; and not be abandoned o n vacant property; and WHEREAS, currently, the housing market is such that a structure worth being moved is a valuable commodity, greatly reducing the likelihood that the moved structure will be dumped in a rural area and abandoned; and WHEREAS, the bonding requirement acts as an impediment for e ntrepreneurs who want to relocate houses that could be used for affordable or workforce housing BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that Chapter 955, Moving of Structures, of the Indian River County Code is hereby amended as follows: S ECTION 1. S ection 955.05, Moving of structures, is amended to read: S ection 955.05. Moving of structures. N o building or structure larger than one hundred fifty (150) square feet shall be moved into the county or from one lot or parcel to another within the county unless such building or structure is made to conform to all of the applicable Coding: Words/letters underscored are additions to text; words/letters in r.z,trikrothrough format are deletions to text. F:\Attorney\Nancy\DOCS\ORD\ord amending 955.doc 1 ORDINANCE NO. 2005- 047 requirements of the building code in effect in the county at the time of the moving and to the requirements of the zoning district in which the building or structure is to be placed. (1) Performance bond. Any person applying for a permit to movc a building or structure must post a bond or other security acceptable to thc county attorney in an amount equal to one hundred fiftccn (115) Se lib a oft u pon an architect or engineer certification of, or actual contract price other improvcmcnts rcquircd to bring thc building or structure into .._ lb Commissioners of Indian River County, Florida, and posted with tho board of county commissioners. one (1) year of thc date of thc moving permit. Failure to fully comply County Commissioners of Indian Rivcr County, Florida. ( Waiver of moving bond rcquircmcnt. In rc _ - t- = =- - = = - - welfare and benefit, any organization actively participating in tho County Code as a partner under the Statc Housing Initiative Partner Aft Mk n ecessary to make foundations, electrical and septic or plumbing hookups. It is further recognized that thc purpose of this "moving of structures" ordinance and thc bonding rcquircmcnt t dumped on other properties, an 'objective antithetical to the above - AM a o rganization upon a showing of a particular benefit to the county Coding: Words/letters underscored are additions to text words/letters in strikcthrough format are deletions to text. 2 F:\Attorney\Nancy\DOCS\ORD\ord amending 955.doc ORDINANCE NO. 2005- 047 the applicant. The board of county commissioners may impose such terms -and GO-Rdi#046 to t4Re grofft of w ' (r} (1) Insurance. The person applying fora permit to move the building or his mover as agent shall provide to Indian River County a liability insurance policy naming the Board of County Commissioners of Indian River County as an additional insured, in the amount of one hundred thousand dollars ($100,000.00)/two hundred thousand dollars ($200,000.00) per person/incident from an insurance company authorized to transact business in the State of Florida with a best rating of A+ VII, to restore any damage to public roads and/or public or private property damaged during the move. (2) Requisite drawings and specifications. All applicants for a permit to move an existing structure are required to furnish the building direct official: three (3) four (4) sets of drawings that satisfy the requirements specified in Florida Existing Building Code 2004, Chapter 11. Additional required permits. No moving permit may be issued until such time as a right-of-way permit for the movement of an oversized structure has been obtained from the county public works department pursuant to section 312.08.2.D. A waiver of the performance bond required under scction (2) above A ten thousand dollar ($10,000.00) cash or surety bond required for right-of-way permits under section 312.08.2.D.1.c., Indian River County Code must be provided prior to the issuance of a moving permit. (6) Process of return of bond or security. In the event Indian River County is holding a cash bond to satisfy the requirements of section (1) (3) above, the applicant for the moving permit may initiate the return of funds by notifying the public works department of the time and date of moving. A representative of the public works department shall accompany the move to determine the extent, if any, of the road damage and/or damage to public or private property resulting from the move. The public works representative shall report the amount of any such damage to the county risk management division for the processing of a claim against the insurance policy required in subsection (3) (1) above. The applicant shall notify the building official at such time within 12 months of issuance of a moving permit as all foundations, tie -downs, septic tank, electrical and plumbing hookups are completed. The building official shall cause an inspection to be made and if to ensure Coding: Words/letters underscored are additions to text; words/letters in r format are deletions to text. 3 F:\Attorney\Nancy\DOCS\ORD\ord amending 955.doc ORDINANCE NO. 2005- 047 all county building and land development regulations have been satisfied al a OR a • Ali a Ilk • A Ink a lab cscrow to thc person posting such bond at thc address set out in a housc moving cash bond cscrow agrccmcnt. S ECTION 2. CODIFICATION. It is the intention of the Board of County Commissioners that the provision 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. S ECTION 3. SEVERABILITY If any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. S ECTION 4. EFFECTIVE DATE This ordinance shall take upon filing with the Florida Department of This ordinance was advertised in the Vero Beach Press -Journal on the 17th day of October, 2005, fora public hearing to be held on the 1st day of November, 2005 which was continued to the 8th day of November, 2005, at which time it was moved for adoption by Commissioner Wheel er , seconded by Commissioner Davi s , and adopted by the following vote: Chairman Thomas S. Lowther Vice Chairman Arthur R. Neuberger Commissioner Wesley S. Davis Commissioner Gary C. Wheeler Commissioner Sandra L. Bowden Aye /{ye Aye Aye Aye Coding: Words/letters underscored are additions to text; words/letters in ctrikethrough format are deletions to text. 4 F:\Attorney\Nancy\DOCS\ORD\ord amending 955.doc adopted this • ORDINANCE NO. 2005-047 The Chairman thereupon declared the ordinance duly passed and 8th day of November, 2005. ATTE T: Jeffreyr,K. Bart Clerk :By Deputy Clerk B OARD OF COUNTY COMMISSION INDIAN RIVER COUNTY, FLORIDA B y` 74, (-At Thomas S. Lowther, Chairman Approved as to form an/• -gat -sufficiency: By: William G. Collins II County Attorney Effective tee: 1 4 2 ordinance was filed with the Department of State on day of , 2005, and becomes effective Coding: Words/letters underscored are additions to text; words/letters in strikcthrough format are deletions to text. 5 F:Wttorney\Nancy\DOCS\ORD\ord amending 955.doc