The URL can be used to link to this page

Home My WebLink About1990-176/19190(ORD1)Legal (Ob) A' ORDINANCE 90-_1_7 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA ESTABLISHING CHAPTER 100 - GENERAL PROVISIONS OF THE CODE OF INDIAN RIVER COUNTY; PROVIDING REPEAL; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the Board of County Commissioners of Indian River County, that: SECTION 1. GENERAL PROVISIONS OF THE CODE. Chapter 100 - General Provision of Title I - Th—e-Coo e, County Orp nizat on an l- ternal Procedu-res as sit forth in Attachment A to this ordinance is hereby adopted. SECTION 2. REPEAL. Those p_o_r_ti_ons—of t_he Indian River County Code (1974 edition) superseded or in conflict with the provisions herein adopted, in particular Chapter 1, are hereby repealed, SECTION 3. SEVERABILITY. If any section, or if 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. EFFECTIVE DATE. This ordinance shall become effective upon confirmation from Secretary of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 1$__ day of September , 1990. SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:18:50 - OfficialDocuments:667, Attachment Id 0, Page 1 N ORDINANCE 90- 17 This ordinance was advertised in the Vero Beach Press -Journal on the [4 day of August 1990, for a public hearing to be held on the 18_ day of September, 1990, at which time it was moved for adoption by Commissioner Scurlock. , seconded by Commissioner Wheeler a-nd—adopt-ed—by—the fo-l-l-ow-i-ng vole -s Chairman Carolyn K. Eggert Aye Vice Chairman Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Aye V v Attest By _ J f y K 'Barf rt le k Acknowledgrrrent by the Department of State of the State of Florida, this 21st day of September 1 1990. Effective date: Acknowledgment from the Department of State received on this 21st day of September 1990, at 10:30 a.m./p.m, and filed In the Office 5T tUie -Clerk of the Board oT_Oounty Commissioners of Indian River County, Florida. ndlm Aieer Ca Aporoved Date Admin. —/7 Legai� audpi q_i — Depi. —RisPrk}g . SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:18:50 - OfficialDocuments:667, Attachment Id 0, Page 2 ATTACHMEN F/19/Qn 1frnriAIIAn;;IWk- I TITLE I THE CODE, COUNTY ORGANIZATION, AND INTERNAL PROCEDURES CHAPTER . GENERAL= PROVI-S1ONS-- § 100.01. The Code. § 100.02, Construction of Code; Definitions, § 100.03. Amendment or Repeal of Ordinances. Existing Ordinances:- § 100.05. General Penalty; Continuing Violations. § 100.06. Appeals Generally. § 1-0 0-.47-; Sever -ab+ 1-i t- o f --Ra r t -s- e —, Gode-.- Section 100.01 The Code The following chapters and sections shall constitute "The Code of Indian River County" a:nd may be referred to as "the code." . Section 100.02 Construction of,Code, Definitions In the construction_of the code the following rules shall be observed unless fhis cons trucfion wouldbe Inconsls en t with 1. General rule. The code"is subject to the same rules of construction as are Florida Statutes. 2. Board, Commission. The words "Board" or- "Commission" shall mean the Board of County Commissioners of Indian River County unless some other board or commission reference is evident, 3. County. The word "County" shall mean Indian River bounty. 4. County Officer. The words "County Officer" shall mean the County Administrator, the County Attorney, or the Executive Aide to the Commission. 5. Computation of time. In computing any period of time in the code the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless .it is a Saturday, Sunday; or legal holiday, in which case the period shall run until the end of the next day which is not a Saturday, Sunday, or legal holiday. SmeadSok Reprint Date: Monday, August 12, 2013 - 15:18:51 - OfficialDocuments:667, Attachment Id 0, Page 3 6/19I90.1(Code)Lega.l(Vk) r 6, Legal time, Whenever particular hours are specified in the code, the time applicable shall be official stan ar time or daylight saving time, whichever is in use in the county. 7. Representative of County Officer or Department Head. Whenever an action is required by this code to be taken by a County Officer or Depar en -t --Head, thatction may also be taken by a duly authorized representative, 8. Gender. Terms of masculine gender shall embrace the feminine and neuter gender as the case may require. Section 100.03 Amendment or Repeal of Ordinances 1. The code when adopted by the Commission shall be the best-e_vidence__bf__the cur_r_ent law of--the—county.--U— sha I I f--th-e county. Ushall be kept current by periodic supplements. Supp l ements to the code sha l I be prima' facie evidence of the current law of the county; however, the ordinances themselves shall be the best evidence until the code is readopted. 2." All chapter s sect lons, subseclions, or-paragr-aphs to be repealed should be specifically repealed by reference to the chapter, section, subsection, or paragraph as appropriate. 3- Th? repeal ox amendment of an ord-finance challl not revive any ordinance in force before or at the time the ordinance repealed or amended took effect. —Seci: i -o -n 1-00.04 Provisions Considered as Conti null --------- ---------------------------- Enactments Any provisions of this code which are the same or substantially similar to the provisions of the former code shall be considered as continuations thereof and not as new enactments. Section 100.05 General Penalty;_ Continuinq-Violations Whenever in this code any act is prohibited or is made or declared to be unlawful or an offense, or whenever the doina of anv act is reauired or the failure to do any act is declared to be unlawful, where no specific penalty is provided, the violation of any such provision shall be punishable by a fine not exceeding $500.00 or imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Each day any violation of any provision of this code continues shall constitute a separate offense. 2 SmeadSok Reprint Date: Monday, August 12, 2013 - 15:18:51 - OfficialDocuments:667, Attachment Id 0, Page 4 6/19/90.1(Code)Legal(Vk) In addition to the penalties provided by this section, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and may be abated by the county as provided by law. 3. In addition, to the penalties provided by this section, the administrative fines, penalties and liens provided by Chapter 162 may be imposed by the Code -Enforcement Board. Sect- on_100—. 06 Appea l-s—Cenera l-ly Unless specific appeal procedures from rulings of certain employees, boards, or commissions are provided or prohibited elsewhere, there shall be a right to appeal as set forth below by delivering to tate person o -r body responsible .for hearing the appeal a written statement with facts and details showing why the decisionshould be reversed .o.r mod! f i ed, wi t copy py the n or body rom which te appeal is being taken, within the time limits as follows: 1. From a decision of a Department Head. Any person aggrieved by a final decision of a Department Head may a p p e a -f t- o is Ke C-ou n-ty—Adm i n+s-t-r-a-t-o r—w i -t 4 -in t-e"o-r k i n g days of the final decision, The County Administrator shall respond within ten working days, 2. From a decision of a County Officer. Any person aggrieved by a final decision of a County Officer may appeal to the Board of County 'Commissioners within ten working days of the final decision. The Board shall respond wi t -hi -n-2-0 working days. 3. From a decision o.f a Chapter 400 board or commission. Any person aggrieved by a final decision of a board or commission may appeal to the Board of County Commissioners within twenty working days of the final decision. The Board of County Commission shall respond within twenty working days. 4. From a decision of the Board of County Commissioners. There is no right of appeal from a final decision of the Board of County Conv�nissioners. 5, Failure on the part of the appellant to comply with the procedures as set forth in Paragraphs (a) thru (d) above shall constitute a waiver of the right to appeal. Failure on the part of the appellee to comply with these same procedures shall be deemed a denial of the appeal. 3 SmeadSok Reprint Date: Monday, August 12, 2013 - 15:18:51 - OfficialDocuments:667, Attachment Id 0, Page 5 6/19/90.1(Code)Legal(Vk) Section 100.07 Severability of Parts of Code This code shall be severable, -i e, i -f any part is held to be unconstitutional the remainder shall remain in full force and effect. SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:18:51 - OfficialDocuments:667, Attachment Id 0, Page 6