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INDIAN RIVER COUNTY ORDINANCE N0.72-8
An Ordinance to be entitled "Indian River
County Utilities Ordinance", establishing
the Indian River County Utilities Depart-
ment; giving definitions; authorizing said
Department to establish procedures and
standards for utilities in Indian River
County, Florida, outside the geographic
area of any municipality; authorizing the
issuance of utility permits; making, viola-
tions of said ordinance a misdemeanor and
establishing an effective date.
Be it ordained by the Board of County Commissioners of
Indian River County, Florida:
Section 1. This ordinance shall be known and may
be cited as the "Indian River County Utilities Ordinance".
Section 2. The Board of County Commissioners of
Indian River County shall have jurisdiction over each
utility in Indian River County outside geographic limits
of municipalities with respect to its authority, service
and rates.
Section 3. The regulation of utilities in Indian
River County is declared to be in the public interest and
this ordinance is an exercise of the police power of the
county for the protection of the public health, safety and
welfare. The provisions of this ordinance shall be
liberally construed for the accomplishment of this purpose.
Section 4. Definitions: As used in this Ordinance,
the following words or terms shall have the meanings indicated:
(1) "Department" means the Indian River County
Utilities Department.
(2) "Board" means the Board of County Commissioners
of Indian River County.
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33 (3) "Administrator" means the Indian River County
34 Administrator.
35 (4) "Utility" means water or sewer utilities
36 serving subdivisions, apartment and housing
37 complexes, condominium, mobile home or
38 trailer parks, industrial complexes, shopping
39 centers and similar systems serving more than
40 one building. Systems serving motels, parks,
41 hospitals, schools and single commercial or
42 industrial buildings are excluded. "Utility"
43 includes wells, pumps, tanks, treatment
44 facilities, distribution systems, water meters,
45 disposal facilities, force mains, pump stations,
46 collection systems, service lines and pipes,
47 real estate and easements necessary to such
48 systems and includes every person, corpora -
49 tion, lessee, trustee, or receiver owning,
50 operating, managing or controlling a utility
51 system or proposing construction of a system
52 or who is providing or proposes to provide
53 water or sewer service to the public.
54 (5) "County" means Indian River County, Florida.
55 (6) "Permit" means written authority from the
56 Department to a utility to provide service
57 in a specific territory.
58 Section 5. Each utility shall obtain a utility
59 permit from the Department authorizing it to provide service.
60 The Board may establish by resolution, fees to be charged
61 for the issuing of permits. No utility permit may be
62 issued by the Department unless the applicant has received
63 a franchise from the Board.
64 Section 6. There is hereby created in Indian River
65 County, Florida, a department known as the Indian River
66 County Utility Department. The Department shall be adminis-
67 tered by the Indian River County Administrator.
68 Section 7. The Indian River County Utility
69 Department shall establish standards and procedures for
70 the issuance of utility permits in accordance with this
71 Ordinance and the guide lines laid down in Chapter 367,
72 Laws of Florida, 1971, rules and regulations of the
73 State of Florida, Department of Health and Rehabilitative
74 Services, Division of Health, The Department of Pollution
75 Control and appropriate planning agencies.
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Section 8. Violations of this Ordinance shall
constitute a misdeameanor and shall be punished in accordance
with law.
Section 9. The Board may petition the Circuit
Court of Indian Riper County for injuctive relief to
enforce the requirements of this Ordinance.
Section 10. Indian River County employees or
consultants acting under the authority of this Ordinance
may, upon presentation of proper identification, enter
upon any real property, building, or structure during
reasonable hours for the purposes of enforcing this
Ordinance.
Section 11. This Ordinance shall become effective
September 7, 1972.
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