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HomeMy WebLinkAbout2005-046,f ORDINANCE NO. 2005- 046 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING INDIAN RIVER COUNTY CODE SECTION 400.09. "UTILITY CONNECTS PROHIBITED UNTIL N OTICE OF CERTIFICATE OF OCCUPANCY" P ROVIDING FOR ELIMINATING THE REQUIREMENT OF P OSTING A $500.00 DEPOSIT WITH THE COUNTY FOR U TILITY SERVICE PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND P ROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Indian River County Code contains certain building regulations set forth in Chapter 400; and WHEREAS, Section 400.09 forbids utility connection to a structure under construction until a certificate of occupancy is issued by the County; and WHEREAS a builder may deposit the sum of $500.00 with the Building Department so the utilities can be connected prior to issuance of the Certificate of Occupancy. If the structure is occupied prior to issuance of the Certificate of Occupancy, our code calls for forfeiture of the $500.00 deposit; and WHEREAS, in 2001, Indian River County adopted the Florida Building Code, providing statewide building regulations; and WHEREAS, the Florida Building Code is updated every three years and this Board adopted the Florida Building Code, 2004 edition; and WHEREAS, the Florida Building Code, 2004 adequately addresses the issue of utility connections prior to issuance of a Certificate of Occupancy in that it provides for fines for each day a structure is occupied without a Certificate of Occupancy; and WHEREAS, in light of the changes to the Building Code and in light of the increase in building in the County, collecting the $500.00 deposits is no longer necessary and only results in wasted staff time and resources in the Building Department and the Office of Management and Budget; and WHEREAS, elimination of the deposit willnot jeopardize the safety of the citizens of the County; and NOW, THEREFORE, BE. IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1 F:\Attorney\Bill\Ordinance Amendments\Power Bonds 400.09\final ordinance.doc ORDINANCE NO. 2005- 046 S ECTION 1. AMENDMENT. S ection 400.09. of the Indian River County Code is hereby amended to read as follows: Section 400.09. Utility connects prohibited until notice of issuance of certificate of occupancy. (1) Except as provided in paragraph (2) of this section, no permanent utilities, i.e., electricity, gas or heating facilities, shall be connected or be put in use until the particular utility so requested shall have first been given notice by the building official that the certificate of occupancy has been issued. The notice is to be given to the department or agency operating the utility. (2) Utility service may be provided prior to issuance of a certificate of occupancy when the appropriate inspector authorizes in writing the connection or use of a particular utility. Prior to such connection or use of the particular utility the owncr or contractor shall deposit with the building department the sum of five hundred WIt WI WI IF • We w ti We TO • WI a MA a III we' WS et IP we we • Te. 710 Vie 'I WI WI • V/ NIP tet Or TS (Ord. No. 91-11, § 1, 3-26-91) S ECTION 2. CODIFICATION. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made a part of the Indian River County Code and the word "ordinance" may be changed to "section," "article," or other appropriate word or phrase and the sections of this Ordinance may be renumbered or relettered to accomplish such intention; providing, however, that Sections 2, 3 and 4 shall not be codified. S ECTION 3. SEVERABILITY. If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. S ECTION 4. EFFECTIVE DATE This ordinance shall take effect upon filing with the Florida Secretary of State. This ordinance was advertised in the Press Journal on the day of Oct , 2005, for a public hearing on 1st day of NovPmher , 2005, at which time it was moved for 2 Coding: Words underscored are additions to text; words in ctrikethrough format are deletions to text. • 1 • ORDINANCE NO. 2005- 046 adoption by Commissioner Davi s , and seconded by Commissioner Bowden , 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 Aye Aye Aye Aye The Chairman thereupon declared the ordinance duly passed and adopted this 1st day of November , 2005. Attest d\ K Barton, By Deputy Clerk Approved as to form and L Suf y illiam K. De.raal Assistant County Attorney INDIAN RIVER COUNTY, FLORIDA by itsoard of County Commissioners By Thomas S. Lowther, Chairman BCC Approved: November 1, 2005 ACKNOWLEDGMENT by the Department of State of the State of Florida, this day ° vOV 1 4 2005 2005. 3 Coding: Words underscored are additions to text; words in strikethrough format are deletions to text.