HomeMy WebLinkAbout2017-014ORDINANCE NO. 2017- 014
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 201.07
(EQUIVALENT RESIDENTIAL UNITS) OF PART I (IN GENERAL) OF
CHAPTER 201 (COUNTY WATER AND SEWER SERVICES) OF THE CODE
OF INDIAN RIVER COUNTY, FLORIDA IN ORDER TO ALLOW SINGLE-
FAMILY RESIDENTIAL CUSTOMERS WITH MORE THAN ONE ERU UNDER
CERTAIN CIRCUMSTANCES TO REDUCE THE ALLOCATION TO ONE ERU;
AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF
CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
Section 1. Enactment Authority.
Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad
home rule powers in counties to enact ordinances, not inconsistent with general or special law,
for the purpose of protecting the public health, safety and welfare of the residents of the county.
The Board specifically determines that the enactment of this ordinance is necessary to protect
the health, safety and welfare of the residents of Indian River County.
Section 2. Amendment of Section 201.07 (Equivalent residential units) of Part 1 (In
General) of Chapter 201 (County Water and Sewer Services).
New language indicated by underline, and deleted language indicated by .
Section 201.07 (Equivalent Residential Units) of Part I (In General) of Chapter 201 (County
Water and Sewer Services) of the Code of Indian River County, Florida is hereby amended to
read as follows:
CHAPTER 201. COUNTY WATER AND SEWER SERVICES
PART I. - IN GENERAL
Section 201.07 - Equivalent residential units.
Each water and sewer customers' impact fees and service availability charges shall be
established on the basis of the number of equivalent residential units (ERUs) of service
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ORDINANCE NO. 2017- 014
required by each customer. The following chart shows the basis for calculating each customer's
minimum number of ERUs.
In cases where a customer's property use extends to more than one category listed
below, the number of ERUs shall be calculated as the sum of the number of ERUs associated
with each type of property use and its respective square footage or other basis used for
calculating the number of ERUs. Where the calculated number of ERUs is a fraction, the
calculated number shall be rounded up to the next highest whole number to calculate the
number of assigned ERUs.
Minimum
Equivalent
Residential
Units
27.
-
------- - ----- -- -- -�J- -- ------ -- - - - -'- -- -.---- -'-, - .- -•-r-.._..._.._... .-- -•--•--.-.., -- --,
deteFmiRe that a higher or lower nurnbeF ef UR46 shall be used, but iR RE) Gase shall a
due and payable to the OWReF or
URIess the
in its sole
o ,
.... 1 A_
single-family residential customer who has obtained more than one ERU and whose
maximum monthly water use ranges from zero to three hundred (300) gallons per day
on a maximum day basis or zero to two hundred fifty (250) gallons per day on a
maximum month basis for a period of twelve (12) months, may submit a request in
writing to the department for a reduction to one (1) ERU. In no case shall a retroactive
payment, credit or charge or reimbursement of impact fee or related service availability
charges paid be due and payable to the owner or resident.
28. In the event that a business is described in the schedule by aeneral classification but
the particular nature of said business or structure would result in an inequitable
connection charge if the schedule were used, the department in its discretion, may
determine that a higher or lower number of units shall be used, but in no case shall a
retroactive pavment. credit or charae for a reclassification of use or number of units be
due and payable to the owner or resident, unless the department, in its sole discretion,
determines that such a credit or charge is required by equitable consideration ..... 1
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ORDINANCE NO. 2017-014
Section 3. 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 Indian River County Code,
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 in order
to accomplish such intention.
Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional
by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by
such holding and shall remain in full force and effect.
Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 6. Effective Date. This ordinance shall become effective upon adoption by the Board
of County Commissioners and filing with the Department of State.
This ordinance was advertised in the Indian River Press Journal on the 3rd day of November,
2017, for a public hearing to be held on the 14th day of November, 2017, at which time it was
moved for adoption by Commissioner Solari seconded by Commissioner 01 Bryan
and adopted by the following vote:
Chairman Joseph E. Flescher
AYE
Vice -Chairman Peter D. O'Bryan
AYE
Commissioner Susan Adams
AYE
Commissioner Bob Solari
AYE
Commissioner Tim Zorc
AYE
The Chairman thereupon declared the ordinance duly passed and adopted this 14th.
November, 2017. .. c' ...
ATTEST: Jeffrey R. Smith, Clerk
and Comptroller
By: �f
Deputy Clerk
BOARD OF COUNTY COMMIS,61S
INDIAN RIVER COUNTY, FLO,2'C�A
as to form and legal sufficiency:
By:�;
Dylan Reingold, County Attorney
EFFECTIVE DATE: This Ordinance was filed with the Department of State on the 15 day of
November, 2017.
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