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Home My WebLink About1981-35ORDINANCE NO. 81-_ AN ORDINANCE CREATING AN INDIAN RIVER COUNTY MOBILE HOME ADVISORY BOARD; PRO- VIDING FOR ITS MEMBERSHIP, QUALIFICATIONS AND TERMS; PROVIDING FOR REMOVAL OF MEM- BERS; PROVIDING FOR ITS ORGANIZATION, QUORUM AND MEETINGS; PROVIDING FOR DUTIES OF THE BOARD; DECLARING BUDGETING AND EXPENDITURE OF FUNDS TO BE A COUNTY PUR- POSE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Indian River County, Florida, is composed of a large percentage of people who reside in mobile homes; and WHEREAS, it is recognized that such mode of living is a unique type of living and different from other modes of living and residence; and WHEREAS, the Board of County Commissioners is desirous of aiding in the solution of problems encountered in the mobile home community; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY CONLMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: Section 1. DECLARATION OF LEGISLATIVE INTENT 1.01 It is hereby declared to be the purpose and intent of the Board of County Commissioners of Indian River County, Florida, to create and establish a Mobile Home Advisory Board for the purpose of obtaining information as to the unique problems and conditions of mobile home park owners and tenants within Indian River County and to give recommendations and advice to the Board of County Commissioners on such matters. Section 2. CREATION OF MOBILE HOME BOARD 2.01 The Indian River County Mobile Home Advisory Board shall consist of seven (7) members to be appointed by the Board of County Commissioners of Indian River County, Florida. Three (3) members of the Board shall be persons with no inter- est in or affiliation with mobile home parks. Two (2) members of the Board shall be mobile home park owners or managers and two (2) members of the Board shall be residents of mobile home parks. Only one appointee may come from any one park or owner- ship. Each member shall be a resident and elector of Indian River County and shall possess a reputation for integrity, responsibility, civic accomplishment and professional or business ability. The initial appointments shall be four (4) members for a term of two (2) years and three (3) members for a term of one (1) year. All subsequent appointments shall be for a term of two (2) years. The members of the Board shall receive no compensation for performance of their duties. An appointment to fill a vacancy shall be for the unexpired term only. Section 3. REMOVAL OF MEMBERS 3.01 Any member of the Board who ceases to be a qualified elector, or resident, or who becomes a candidate for public office shall immediately forfeit his office. Any member may be removed from office without cause by a majority vote of the Board of County Commissioners. Except for excused health or welfare reasons, any member who fails to attend at least seventy- five per cent (75%) of the meetings of the Mobile Home advisory Board during any twelve (12) month period shall be deemed to have vacated his position on the Mobile Home Advisory Board. A vacancy so created shall be immediately reported to the Board of County Commissioners by the Chairman of the Mobile dome Advisory Board or, if there be no Chairman or the Chairman has vacated his position, by any remaining member of the Mobile Home Advisory Board. Section 4. ORGANIZATION, QUORUM AND MEETINGS 4.01 The Mobile Home Advisory Board shall initially select a Chairman and such other officers as deemed necessary and desirable who shall serve at the pleasure of the Advisory Board. The initially selected Board shall serve until the first meeting in January, 1983, at which time new elections shall be held and continue to be held annually thereafter. The Board shall meet at least quarterly at any appropriate place and shall arrange a time for holding regular meetings of the Board and for such other meetings as shall be neces- sary. A majority of the members of the Board shall constitute a quorum. A majority vote of those members present and voting at any meeting shall be sufficient to enable taking any action. The Board may adopt such rules of procedure as it may deem necessary. All meetings of the Board shall be open to the public and shall be - 2 - "lilt MI 11 subject to the requirements of Chapter 286.011, Florida Statutes. Section 5. DUTIES OF THE BOARD 5.01 The Indian River County Mobile Home Advisory Board shall have the following functions, duties and responsibilities: (a) To conduct public meetings on issues and problems pertaining to or affecting mobile homes, mobile home parks and mobile home living; (b) To hear complaints and grievances relating to mobile homes, mobile home parks and mobile home living and to issue findings, conclusions and recommendations; (c) To hear and voluntarily mediate desputes sub- mitted to them relating to mobile homes, mobile home parks and mobile home living arising between mobile home residents and mobile home park owners or operators; (d) To review existing and proposed Indian River County ordinances and regulations pertaining to or affect- ing mobile homes, mobile home parks and mobile home living; (e) To collect, review, maintain and disseminate infor- mation, data, literature, statistics, laws, ordin- ances and regulations pertaining to or affecting mobile home parks and mobile home living; (f) To make written report and recommendation to the County Commission, the County Administrator, or both, on issues and matters pertaining to mobile homes, mobile home parks and mobile home living; To study and report on any issue or matter pertain- ing to mobile homes, mobile home parks or mobile home living submitted to them by the County Commission or the County Administrator. Section 6. LIMITATION ON POWERS OF ADVISORY BOARD AND BUDGETING AND EXPENDITURE OF FUNDS DECLARED A COUNTY PURPOSE 6.01 The adoption of this Ordinance and the creation of the Indian River County Mobile Home Advisory Board shall not - 3 - be construed or deemed to impose a mandatory requirement upon the Board of County Commissioners of Indian River County, Florida, to provide office space, staff or funding for said Advisory Board. However, the Board of County Commissioners may, if it deems advis- able, budget and provide for the expenditure of funds for such Board. Such budgeting and expenditure of funds is declared a valid County and public purpose. Section 7. AUTHORITY OF MUNICIPALITIES TO ADOPT CODES 7.01 Each municipality within the County is hereby granted the same authority to adopt and enforce a code of rules and regulations as that granted to the County Commission herein. Section 8. FLORIDA MOBILE HOME LANDLORD AND TENANT ACT 8.01 "The Florida Mobile Home Landlord and Tenant Act", Chapter 83, Part III, is hereby recognized as being the current legislation providing statutory rights of mobile home owners and mobile home park owners. Section 9. SEVERABILITY 9.01 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 10. INCLUSION IN CODE 10.01 It is the intention of the Board of County Commission- ers that the provisions of this Ordinance shall become and he made a part of the Indian River County Code and shall appear within Chapter 16, Section 16-15 through 16-25, and that the Sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section", "article" or such other appropriate word or phrase in order to accomplish such intentions. Section 11. EFFECTIVE DATE 11.01 This Ordinance shall become effective as provided by law. This ordinance shall become effective October 16, 1981. STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. FREDpAW�RI�IG�HTT,....'CLERK 4 13Y DA'P�