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HomeMy WebLinkAbout2014-005ORDINANCE NO. 2014- an S AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 100.06 "APPEALS GENERALLY" OF CHAPTER 100 "GENERAL PROVISIONS;" SECTION 102.01 "BOARD OF COUNTY COMMISSIONERS MEETINGS AND PROCEDURES" AND SECTION 102.04 "ORDER OF BUSINESS" OF CHAPTER 102 "BOARD OF COUNTY COMMISSIONERS; MEETINGS AND PROCEDURES;" THE TITLE OF CHAPTER 104 "PERSONNEL"; SECTION 104.02 "ADMINISTRATIVE POLICY MANUAL;" SECTION 104.03 "RETIREMENT SYSTEM;" SECTION 104.05 "DEFERRED COMPENSATION;" AND SECTION 104.06 "CODE OF ETHICS AND CONDUCT" OF CHAPTER 104 "PERSONNEL" ALL WITHIN TITLE I "THE CODE, COUNTY ORGANIZATION, AND INTERNAL PROCEDURES;" AND SECTION 202.14 "APPLICATION FOR RECLAIMED WATER SERVICE CLASS S" OF CHAPTER 202 "RECLAIMED WATER REGULATIONS;" AND SECTION 207.03 "BUSINESS TAX RECEIPT REQUIRED" OF CHAPTER 207 "LOCAL BUSINESS TAX RECEIPTS" WITHIN TITLE II "TAXES, UTILITIES AND SPECIAL DISTRICTS;" AND SECTION 403.05 "NOTICES AND ORDERS" AND SECTION 403.08 "DEMOLITION" OF CHAPTER 403 "PROPERTY MAINTENANCE CODE" WITHIN TITLE IV "CONTRACTOR AND BUILDING REGULATIONS" OF THE CODE OF INDIAN RIVER COUNTY ("THE CODE"); AND PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, The Code is the best evidence of the current law of the county; and WHEREAS, over time, routine "housekeeping" measures are needed to correct typographical errors and to keep current with changes in terminology, addresses, statutory requirements, citations, and the like, NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, as follows: SECTION 1. Section 100.06, Appeals generally, of The Code of Indian River County is hereby amended to read as follows: CODING: Words in stFike thFough format are deletions to existing text; words in underlined format are additions to existing text. ORDINANCE NO. 2014- 005 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 the person or body responsible for hearing the appeal a written statement with facts and details showing why the decision should be reversed or modified, with a copy to the person or body from which the 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 appeal to the county administrator within ten (10) working days of the final decision. The county administrator shall respond within ten (10) 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 (10) working days of the final decision. The board shall respond within twenty (20) working days. 3. From a decision of a 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 (20) working days of the final decision. The board of county commissioners shall respond within twenty (20) 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 commissioners. 5. {Failure to comply.} Failure on the part of the appellant to comply with the procedures as set forth in paragraphs W 1 through (d) 4 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. SECTION 2. Section 102.01, Board of County Commissioners meetings and procedures, of The Code of Indian River County is hereby amended to read as follows: 1. Time. The county commission shall generally hold regular meetings on Tuesday beginning at 9:00 a.m. There shall be no commission meeting on the last Tuesday of each month. When the day fixed for any regular meeting of the commission is a holiday recognized by the county the meeting shall be held at the same time on the next Tuesday not a holiday unless the meeting is cancelled otherwise rescheduled by the commission. 2 CODING: Words in stFike thFeugh format are deletions to existing text; words in underlined format are additions to existing text. ORDINANCE NO. 2014-005 2. Place. All meetings of the commission shall be held in the Commission Chambers, County Administration Building A, 1840 25th StTeet, 1801 27th Street, Vero Beach, Florida, unless otherwise decided by the commission. SECTION 3. Section 102.04, Order of business, of The Code of Indian River County is hereby amended to read as follows: The order of business shall appear on the agenda as follows: 1. Call to order. 2. Invocation. 3. Pledge of Allegiance. 4. Additions or deletions to the agenda/emergency items. 5. Proclamation and presentations. 6. Approval of minutes. 7. Information items from staff or commissioners not requiring board action. 8. Consent agenda. 9. Constitutional officers and governmental agencies. 10. Public items: a. Public hearings; b. Public discussion items (as a general rule public discussion items should be limited to matters on which the commission may take action.) C. Public notice items. 11. County administrator matters. 12. Departmental matters: CODING: Words in strike thF9u9I4 format are deletions to existing text; words in underlined format are additions to existing text. ORDINANCE NO. 2014- 005 a. Community development; b. Emergency services; C. General services; d- ; Human Services; e- ; Sandridge Golf Club; Leasure-semss; Recreation; g- d. OffiGe of mallagernent and budge; Human resources: I-- e. ReGFeati ; Office of management and budget; +. f. Public works; t e Utilities services. 13. County attorney matters. 14. Commissioners matters. 15. Special districts and boards. a. Emergency Services District; b. Solid Waste Disposal District; C. Environmental Control Board. 16. Adjournment. SECTION 4. The title of Chapter 104, Personnel, of The Code of Indian River County is hereby amended to read as follows: CHAPTER 104. PERSONNEL HUMAN RESOURCES 2 CODING: Words in strokoough format are deletions to existing text; words in underlined format are additions to existing text. ORDINANCE NO. 2014- 005 SECTION S. Section 104.02, Administrative policy manual, of The Code of Indian River County is hereby amended to read as follows: The director or manager of peFseRRel human resources shall maintain under the direction of the county administrator a policy manual which shall be a compilation of policies, practices, and procedures that apply to managers, supervisors and employees of Indian River County. This manual shall be updated, from time to time, with the approval of the county commission. This manual is available in the office of director or manager of peFsennel human resources, aad the office of each department or division, and on the County's website. All employees should be encouraged to become familiar with the contents of this manual. SECTION 6. Section 104.03, Retirement system, of The Code of Indian River County is hereby amended to read as follows: Employees working in full-time or part-time regularly established positions have membership in the Florida Retirement System (FRS). FRS is Fencontributory for members; contributions are also made on behalf of the members by the county. SECTION 7. Section 104.05, Deferred compensation, of The Code of Indian River County is hereby amended to read as follows: Deferred compensation plans are available through ICMA Retirement Corporation, Nationwide Retirement Solutions, Inc., Mass Mutual, Hartford Life Insurance Companies, and John Hancock Financial Services on an optional basis to employees. This program is supplemental to a retirement income and it provides for a tax deferral on income contributed to the plan. For those employees working under the direction of the board of county commissioners, the director or manager of personnel human resources shall approve and administer these plans and make determinations required by Section 112.215(6)(b), Florida Statutes. For those employees working under the direction of a constitutional officer, each constitutional officer shall designate an individual responsible for making determinations as required by the aforesaid statute. SECTION 8. Section 104.06, Code of ethics and conduct, of The Code of Indian River County is hereby amended to read as follows: 5 CODING: Words in stfike-threag# format are deletions to existing text; words in underlined format are additions to existing text. ORDINANCE NO. 2014-DQ5_ (5) (a) Except as provided in paragraph (b) and (c) of this subsection, a person shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value, from anyone who: (1) Has, or is seeking to obtain, contractual or other business or financial relations with the county; or (2) Conducts operation or activities that are regulated by the county; or (3) Has interests that may be substantially affected by the performance or nonperformance of the person's official duty; or (4) Is in any way attempting to affect the person's official actions at the county; or 5) Is offering anything of monetary value, including food and refreshments, to an employee because of the person's official position. (b) The prohibitions enumerated in paragraphs (5)(a) and (c) of this section do not apply in the situations enumerated below: (2) Food and refreshments: Under F.S. Ch. 112, the word "gift" is defined to exclude "food or beverage consumed at a single sitting or event." Pursuant to F.S. § 112.326, it is the purpose of this code to require more stringent county disclosure requirements than provided for in F.S. Ch. 112. Therefore, and notwithstanding any other section or provision of the perseaeel administrative policy manual to the contrary, county commissioners, and county employees may accept food or beverage consumed at a single sitting or event only if the cost for said food or beverage does not exceed F.S. Ch. 112, rate for the appropriate per diem allowance for said meal. If, under circumstances beyond the control of the donee, the cost exceeds the per diem rate then within five (5) working days of the acceptance, the donee shall file a written disclosure statement with the clerk to the commission on a form provided by said clerk. In addition, food or beverage may be accepted when (i) offered free in the course of a meeting or other M CODING: Words in stfike-threug# format are deletions to existing text; words in underlined format are additions to existing text. ORDINANCE NO. 2014- 005 group function not connected with an inspection or investigation, at which attendance is desirable because it will assist the person in performing his or her official duties; or (ii) provided to all panelists or speakers when a person is participating as a panelist or speaker in a program, seminar or educational conference. (7) It shall be the duty of each commissioner, board appointed county employee, department head and professional staff member to become familiar with the code of ethics for public officers and employees. To this end, the human resources peFsennel director or manager shall distribute to each person in the above enumerated categories a current copy of the "Florida Commission on Ethics Guide to the Sunshine Amendment and Code of Ethics for Public and Employees." SECTION 9. Section 202.14, Application for reclaimed water service Class S, of The Code of Indian River County is hereby amended to read as follows: Section 202.14. Appisiation Application for reclaimed water service Class S. SECTION 10. Section 207.03, Business tax receipt required, of The Code of Indian River County is hereby amended to read as follows: (1) No person shall engage in or manage any business, profession, or occupation in the unincorporated area of Indian River County without having first paid the current business tax levied in this chapter, unless such person is exempt as set forth in section 207.02 of the Code, or otherwise exempt by reason of the applicable provisions of the "Local Business Tax Act," codified in F.S. Ch. 205 or by the fact that said person in is a minor. SECTION 11. Section 403.05, Notices and orders, of The Code of Indian River County is hereby amended to read as follows: 7 CODING: Words in strike threuqI4 format are deletions to existing text; words in underlined format are additions to existing text. ORDINANCE NO. 2014- 005 (1) Notice to person responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in sections 403.05(2) and 403.05(3) to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with section 403.08. (2) Form. Such notice prescribed in section 403.5 403.05 shall be in accordance with all of the following: 1. Be in writing. 2. Include a description of the real estate sufficient for identification. 3. Include a statement of the violation or violations and why the notice is being issued. 4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code. 5. Inform the property owner of the right to appeal. 6. Include a statement of the right to file a lien in accordance with section 403:94(4) 403.04(3). (3) Method of service. Such notice shall be deemed to be properly served if a copy thereof is: 1. Delivered personally; 2. Sent by certified or first-class mail addressed to the last known address; or 3. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. (4) Penalties. Penalties for noncompliance with orders and notices shall be as set forth in section 403.05 403.04. n CODING: Words in 6tFike thFough format are deletions to existing text; words in underlined format are additions to existing text. ORDINANCE NO. 2014- 005 SECTION 12. Section 403.08, Demolition, of The Code of Indian River County is hereby amended to read as follows: (2) Notices and orders. All notices and orders shall comply with section 403.08 403.05. SECTION 13. SEVERABILITY. If any section, sentence, paragraph, phrase, or word of this ordinance is held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance not having been held by a court of competent jurisdiction to be unconstitutional, inoperative or void, which shall remain in full force and effect. SECTION 14. CODIFICATION. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of The Code of Indian River County, 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 as the Municipal Code Corporation deems necessary in order to accomplish such intention. SECTION 15. EFFECTIVE DATE. A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the Office of the Secretary of State of the State of Florida within ten days after enactment, and this ordinance shall take effect upon filing with the Secretary of State. This ordinance was advertised in the Vero Beach Press Journal on the 20th day of March, 2014, for a public hearing to be held on the 1st day of April, 2014, at which time it was moved for adoption by Commissioner gol ar; , seconded by Commissioner Davis , and adopted by the following vote: 9 CODING: Words in strike through format are deletions to existing text; words in underlined format are additions to existing text. ORDINANCE NO. 2014- 005 Chairman Peter D. O'Bryan Aye_ Vice Chairman Wesley S. Davis Aye Commissioner Joseph E. Flescher Ave Commissioner Tim Zorc Aye Commissioner Bob Solari Aye The Chairman thereupon declared the ordinance duly passed and adopted this 1st day of April, 2014. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Qu, Deputy Clerk APPROVED AS TO FOF&j AND LEGAL SUFFICIE BY ���'• DYLAN REINGOLD `•.9ijfq••.••••••'� COUNTY ATTORNEY '••-...�OUNr;. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA *= Peter D. O'Bryan, CVairman Effective Date: This ordinance was filed with the Department of State and becomes effective on the day of , 2014. 10 CODING: Words in stFike-threuq# format are deletions to existing text; words in underlined format are additions to existing text.