HomeMy WebLinkAbout2006-008AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING INDIAN RIVER COUNTY
CODE CHAPTER 955, MOVING OF STRUCTURES,
TO IMPOSE A BONDING REQUIREMENT AND TO
UPDATE REFERENCES TO TECHNICAL CODES;
PROVIDING FOR CODIFICATION; PROVIDING
FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Chapter 955 of the
require.a person to post a bond with the
the County; and
Code
of Indian
or structure
River
County
does
of structures.
not
County prior to moving
a structure
within
square
WHEREAS, the bond would ensure that the house would be moved to its
new location; be tied to a foundation and hooked up to electric and plumbing
consistent with applicable codes; and not be abandoned on vacant property; and
WHEREAS, the bonding requirement helps assure that relocated houses
will not be abandoned in existing neighborhoods,
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:
SECTION 1.
Section 955.05, Moving of structures, is amended to read:
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FAAttorney\Nancy\DOCS\ORD\ord 2006 amending 955.doc
No building
or structure
larger
Section 955.05.
Moving
of structures.
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FAAttorney\Nancy\DOCS\ORD\ord 2006 amending 955.doc
No 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
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.
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and the land development regulations are accomplished in full within
one (1) year of the date of the moving permit. Failure to fully comply
within one year, will result in forfeiture of the bond to the Board of
County Commissioners of Indian River County, Florida.
board
of county commissioners
may waive
the bond requirement
Waiver of moving
ORDINANCE
Performance
bond.
NO,
2006-
Any
008
of the provision
applying
for a
permit
to move
a
building
or structure
welfare and
benefit, any
must
post
a bond
or
other security
the
acceptable
to
the county
attorney
in Chapter
in
an
amount
County Code
equal
to one hundred
the
fifteen (115)
Housing
percent
of the cost
Partnership
of
improvements
apply
to the
required
to
bring
the building
or
structure
into compliance
and the land development regulations are accomplished in full within
one (1) year of the date of the moving permit. Failure to fully comply
within one year, will result in forfeiture of the bond to the Board of
County Commissioners of Indian River County, Florida.
board
of county commissioners
may waive
the bond requirement
Waiver of moving
bond requirement.
Performance
bond.
of the
importance
Any
person
of the provision
applying
for a
permit
to move
a
building
or structure
welfare and
benefit, any
must
post
a bond
or
other security
the
acceptable
to
the county
attorney
in Chapter
in
an
amount
County Code
equal
to one hundred
the
fifteen (115)
Housing
percent
of the cost
Partnership
of
improvements
apply
to the
required
to
bring
the building
or
structure
into compliance
with
applicable
for a waiver
county
regulations,
based
upon
an architect
or
engineer
certification
of, or actual
contract
price
for the
cost of,
foundations,
electrical
and plumbing
hookups,
and
other
improvements
required
to
bring
the building
or
structure
into
Such
bond
compliance
with
applicable
county
codes
and regulations.
or security
must
be
payable
to
the
order
of the
Board
of County
Commissioners
of Indian
River
County,
Florida,
and posted
with
the
Indian
River County
Building
Department
for deposit
to the
clerk of
the
and the land development regulations are accomplished in full within
one (1) year of the date of the moving permit. Failure to fully comply
within one year, will result in forfeiture of the bond to the Board of
County Commissioners of Indian River County, Florida.
It is further recognized that the bonding requirements take funds
necessary to make foundations, electrical and septic or plumbing
hookups. It is further recognized that the purpose of this "moving of
structures" ordinance and the bonding requirement therein is to
prevent substandard structures from being moved and abandoned or
dumped on other properties, an obiective antithetical to the above-
mentioned housing provider organizations.
The
board
of county commissioners
may waive
the bond requirement
Waiver of moving
bond requirement.
In
recognition
of the
importance
upon a showing
of the provision
of affordable
housing_
community
to the general
community
an individual benefit
welfare and
benefit, any
organization
actively participating
impose
in
the
county local
assistance program
set
out
in Chapter
308,
Indian
River
County Code
as a partner
under
the
State
Housing
Initiatives
to the grant
Partnership
(SHIP) Program
may
apply
to the
board
of county
commissioners
for a waiver
of the county
bonding requirements.
It is further recognized that the bonding requirements take funds
necessary to make foundations, electrical and septic or plumbing
hookups. It is further recognized that the purpose of this "moving of
structures" ordinance and the bonding requirement therein is to
prevent substandard structures from being moved and abandoned or
dumped on other properties, an obiective antithetical to the above-
mentioned housing provider organizations.
The
board
of county commissioners
may waive
the bond requirement
associated
with moving permits
for such
groups or any
other
organization
upon a showing
of a particular
benefit to the county
community
as a whole as distinguished
from
an individual benefit
to
board
impose
the applicant.
The of
county
commissioners
may
such
and
terms
conditions
to the grant
of waiver as
they
deem appropriate.
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FAAttorney\Nancy\DOCS\ORD\ord 2006 amending 955.doc
pr ORDINANCE NO. 2006- 008
(4) (3) Insurance. The person applying for a 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.
(() Requisite drawings and specifications. All applicants for a permit to
move an existing structure are required to furnish the building
official: four (4) sets of drawings that satisfy the requirements
specified in Florida Existing Building Code 2004, Chapter 11 and
Chapter 1, sections 105 and 106, Florida Building Code.
A waiver of the performance bond required under section (2) above
shall also constitute a waiver of the A ten thousand dollar ($101000.00)
cash or surety bond required for right-of-way permits under section
312.08.2.D.1.c., Indian River County Code mus' be rprovirded [prier
(4) (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 (=}
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 04 (3) 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
all county building and land development regulations have been
satisfied, the building official shall notify the finance division of the
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F:Wttorney\Nancy\DOCS\ORD\ord 2.006 amending 955.doc
be issued
( ) 5) Additional
required
permits.
No moving permit may
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 section (2) above
shall also constitute a waiver of the A ten thousand dollar ($101000.00)
cash or surety bond required for right-of-way permits under section
312.08.2.D.1.c., Indian River County Code mus' be rprovirded [prier
(4) (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 (=}
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 04 (3) 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
all county building and land development regulations have been
satisfied, the building official shall notify the finance division of the
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ORDINANCE NO, 2006- 008
clerk of the board of county commissioners to reimburse the cash
escrow to the person posting such bond at the address set out in a
house moving cash bond escrow agreement.
SECTION 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.
SECTION 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.
SECTION 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
25th day of February, 2006, for a public hearing to be held on the 7th day of March,
2006, at which time it was moved for adoption by Commissioner Lowther
seconded by Commissioner. Davi s , and adopted by the following vote:
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FAAttorney\Nancy\DOCS\ORD\ord 2006 amending 955.doc
Neuberger
Chairman
Arthur
R.
Aye
Vice
Chairman
Gary C.
Wheeler Aye
Commissioner
Wesley
S. Davis
Aye
Commissioner
Thomas
S. Lowther Aye
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ORDINANCE NO, 2006- 008
The Chairman thereupon declared the ordinance duly passed and
adopted this 7th day of March, 2006,
ATrTE� Jeffrey,}K.. Barto , Clerk
U
By: d ,. 7
Deputy Clerk
BOARD OF COUNTY COMMISSION
INDIAN RIVER COUNTY, FLORIDA
Arthur R. Ne ger, Chai (TISn
Approved as to form and legal sufficiency:
v'r
Ix
1 14
William G. Collins II
County Attorney
Effective Date: This ordinance was filed with the Department of State on
day of IMQxe^c- , 2006, and becomes effective 3
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