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Home My WebLink About2016-056RESOLUTION NO. 2016- 056 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE SCHEDULE OF PENALTIES AND NOTIFICATION TIME FRAMES FOR CODE VIOLATIONS SET FORTH IN RESOLUTION NO. 92-59, AS AMENDED BY RESOLUTION NOS. 95-62 AND 2013-089, TO INCLUDE ENFORCEMENT OF VACATION RENTAL AND COMMERCIAL EVENT AT RESIDENCE REGULATIONS. WHEREAS, pursuant to Section 103.07 of the Code of Indian River County, the Board of County Commissioners has the authority to adopt, by resolution, a schedule of violations and penalties to be assessed by code enforcement officers, including standard notification time periods for specific types of violations, with said time periods not to exceed thirty (30) days; and WHEREAS, the Board previously adopted Resolution No. 92-59, which designated code enforcement officers and a schedule of penalties and notification time frames; and WHEREAS, in 1995, the Board adopted Resolution No. 95-62, amending Resolution No. 92-59 to include penalties and notification time frames for solid waste disposal violations of County Code Chapter 204; and WHEREAS, in 2013, the Board adopted Resolution 2013-089, amending Resolution No. 92-59 to include penalties and notification time frames for fertilizer and landscape maintenance violations of County Code Chapter 316; and WHEREAS, the Board desires to further amend the schedule of penalties and notification time frames to incorporate enforcement of new vacation rental and commercial event at residence regulations, as referred to and set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Amendment to Schedule of Penalties and Notification Time Frames. The Board hereby amends the Schedule of Penalties and Notification Time Frames set forth in Attachment A to Resolution 92-59, as amended by Resolution Nos. 95-62 and 2013-089, as follows (added language is double underlined): See ATTACHMENT A, Amendment to Schedule of Penalties and Notification Time Frames F.'cnuu—,t,D,-1,,pn-fSh-t7,,,nPacminnRenrnla'ClT.1770A'F/NRSCHIdDRFPRFS'207 _.dncx RESOLUTION NO. 2016- 056 3. Schedule of Penalties and Notification Time Frames Not Amended to Remain in Full Force and Effect. In all other respects, the Schedule of Penalties and Notification Time Frames shall remain in full force and effect. The foregoing resolution was moved for adoption by Commissioner Flescher and the motion was seconded by Commissioner o' Bryan and, upon being put to a vote, the vote was, as follows: Chairman Bob Solari AYE Vice Chairman Joseph E. Flescher AYE Commissioner Wesley S. Davis AYE Commissioner Peter D. O'Bryan AYE Commissioner Tim Zorc AYE The Chairman thereupon declared the resolution duly passed and adopted this St day of June, 2016. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy(C rk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Approved as to form and legal B ,pylan Reingold, County F.',Communuy DewlopmenlLShort 7' mVcat—RentalkCITATION FINE SCNFD REVRF.S1016- .d— 2 RESOLUTION NO. 2016- 056 AMENDMENT TO RESOLUTION NOS. 92-59,95-62 and 2013-089 Attachment A CITATION ORDINANCE SCHEDULE OF PENALTIES & NOTIFICATION TIME FRAMES VIOLATION TYPE SECTION FINE' NOTICE TIME FRAME2 Contracting Unlicensed contracting 400.01(1) $500 N/A Contractor advertisement violation 400.01(5) $500 N/A Licensed contractor or owner -builder hiring unlicensed contractor(s) 400.01(6) $500 N/A Uninsured contractor violation 400.05 $500 N/A Fraudulent license 400.07(1) $500 N/A Deliberate disregard of county contracting ordinance 400.07(6) $500 N/A Other contracting violations specified in F.S. Chapter 489 489.127(F.S.) 489.132(F.S.) $500 N/A General Debris burning w/o permit 925 $450 N/A Violation of issued burn permit 925 $300 24 hrs. Boat/trailer storage 911.15(7) $50 48 hrs. Commercial vehicle storage 911.15(3) $50 48 hrs. Occupancy w/o C.O. 914/401 $450 24 hrs. 'Each day the violation exists represents a separate violation. 2The notification time frame established herein may be waived if the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. 'The fine shall be $100 for those violations by a person who has previously been found through the Code Enforcement Board or any other quasi-judicial or judicial process to have violated, or who has admitted violating, the same section, notwithstanding that the violations occur at different locations. FACommunity Development\Short Term Vacation Rentals\CitationFeeSchedule.rtf RESOLUTION NO. 2016- 056 AMENDMENT TO RESOLUTION NOS. 92-59,95-62 and 2013-089 Attachment A CITATION ORDINANCE SCHEDULE OF PENALTIES & NOTIFICATION TIME FRAMES VIOLATION TYPE SECTION FINE' NOTICE TIME FRAME2 Building Code violation (w/o 401.06 $450 24 hrs. required permit) Industrial waste dumping 973 $450 24 hrs. Junk vehicle 911.15(4) $50 10 days Noise/vibration violation 974 $50 24 hrs. Solid waste disposal violations: - Deposit refuse in unlawful 204.02 $50 N/A manner - Littering 204.03 $50 N/A - Salvaging 204.05 $50 N/A - Improper use of transfer 204.06 $50 N/A station R.O.W. violations: - Vehicle 312.06(2) $50 48 hrs. - Sign 312.06(1)(g) $100 24 hrs. - Illegal Business 312.06(1)(m) $250 24 hrs. - Obstruction 312.06(1)(c) $100 48 hrs. - Illegal (non -waste) fluid 312.06(1)(e) $100 48 hrs. discharge - Work without proper traffic 312.06(1)(k) $250 N/A controls - Parade without permit 312.06(1)(n) $250 N/A - Other R.O.W. violations 312.06 $100 48 hrs. Illegal sign: - Banner 956.12 $100 48 hrs. - Snipe sign - A -frame sign - Other portable sign 'Each day the violation exists represents a separate violation. 2The notification time frame established herein may be waived if the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. 'The fine shall be $100 for those violations by a person who has previously been found through the Code Enforcement Board or any other quasi-judicial or judicial process to have violated, or who has admitted violating, the same section, notwithstanding that the violations occur at different locations. FACommunity Development\Short Term Vacation Rentals\CitationFeeSchedule.rtf 2 RESOLUTION NO. 2016--Q56 AMENDMENT TO RESOLUTION NOS. 92-59,95-62 and 2013-089 Attachment A CITATION ORDINANCE SCHEDULE OF PENALTIES & NOTIFICATION TIME FRAMES VIOLATION TYPE SECTION FINEt NOTICE TIME FRAME2 Stormwater violation 930 $100 48 hrs. Vehicle parking & storage 911.15(4) $50 48 hrs. Sea turtle lighting violation 932.09 $50 24 hrs. Fertilizer and Landscape Management violations: Timing of fert. app. vio. Fertilizer -free zone vio. Fertilizer content/app. vio. Application practices vio. Grass clippings/debris vio. Comm. license/cert. vio. 316.3 316.4 316.6, 316.7 316.8 316.9 316.13 $503 $503 $503 $503 $503 $500 N/A N/A N/A 24 hrs. 24 hrs. N/A Vacation Rental Vehicle narking violation 911.15(4) 50 per vehicle per occurrence per day 24 hrs.* 30 business days* for first violation; 100 per vehicle Der occurrence per day for repeat violations Failure to obtain or maintain a valid91_ 1.15(91 100 per day per vacation rental unit county vacation rental license Violation of license condition 911.15(9) 100 per da 24 hrs.* Contact information update violation 911.15(9) 100 er violation 24 hrs. Noise Violation 911.15(91 and 974 100 per day for first violation: $300 24 hrs.* per day for reheat violations Commercial Event Commercial event at residence Note: due to Florida law fines exceeding $500 are assessed through the 11 1 1.000 per event for 24 hrs.* first violation• $5,000 per event for Indian River County Code Enforcement repeat violations Board and not -by -means of a citatiVn— issued by a code enforcement ffi er *-First and only warning for any given vacation rental unit or single-family residence 'Each day the violation exists represents a separate violation. 'The notification time frame established herein may be waived if the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. 'The fine shall be $100 for those violations by a person who has previously been found through the Code Enforcement Board or any other quasi-judicial or judicial process to have violated, or who has admitted violating, the same section, notwithstanding that the violations occur at different locations. FACommunity Development\Short Term Vacation Rentals\CitationFeeSchedule.rtf 3