HomeMy WebLinkAbout2018-011ORDINANCE NO. 2018. oil
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 103.03
(REGULATORY COMMISSIONS AND BOARDS) AND SECTION 103.06
(CODE ENFORCEMENT SPECIAL MASTER) OF PART I (IN GENERAL) OF
CHAPTER 103 (COMMISSIONS AND BOARDS) OF THE CODE OF INDIAN
RIVER COUNTY, FLORIDA IN ORDER TO ESTABLISH HIGHER FINE LIMITS
FOR CERTAIN CODE VIOLATIONS; 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 Vill, 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 Indian River County Board of County Commissioners specifically determines that the
enactment of this ordinance is necessary to protect the health, safety and welfare of the
residents of Indian River County.
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Section 2. Amendment of Section 103.03 (Regulatory Commissions and Boards) and
Section 103.06 (Code Enforcement Special Master) of Part I (In General) of, Chapter 103
(Commissions and Boards).
New language indicated by underline, and deleted language- indicated by StFiL ;g#.
Section 103.03 (Regulatory commissions and boards) and Section 103.06 (Code enforcement
special master) of Part I (In General) of Chapter 103 (Commissions and Boards) of the Code
of Indian River County, Florida is hereby amended to read as follows:
CHAPTER 103. COMMISSIONS AND BOARDS.
PART I. IN GENERAL
Section 103.03. Regulatory commissions and boards.
1. Planning and zoning commission. There is hereby created a planning
and zoning commission -to carry out the procedures, duties, and
functions set forth for it in the zoning ordinances. The board shall consist
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of seven (7) members plus a school board representative designated
and approved by the school board who shall be a non-voting member of
the planning and zoning commission. Each county commissioner shall
appoint one (1) member who must reside in that commissioner's district.
The remaining two (2) members shall be appointed from the public at
large. The board shall be the local planning agency for the county. All
members shall be residents of the county.
2. Board of zoning adjustment. There is hereby created a board of zoning
adjustment to carry out the procedures, duties, and functions set forth for
it in the zoning ordinances. All members shall be residents of Indian
River County.
3. Code enforcement board. There is hereby created the Indian River
County Code Enforcement Board pursuant to authority and procedures
of Chapter 162, Florida Statutes. The board shall be constituted and
have powers and responsibilities as set forth in Chapter 162, Florida
Statutes. Per section 162.09. Florida Statutes, the Indian River County
Code Enforcement Board has the authority to impose fines up to $1,000
per day per violation for a first violation. $5,000 per day per violation for a
repeat violation, for a commercial event at residence and an illegal
connection to the public water supply system.
4. Indian River County Environmental Control Board. There is hereby
created the Indian River County Environmental Control Board pursuant
to the authority and procedures of Chapter 85-427, Laws of Florida. The
board shall be constituted and have powers and. responsibility as set
forth in said laws of Florida. It shall appoint a five -member hearing board
pursuant to, and with powers provided by said Laws of Florida.
5. There is hereby created a Children's Services Network (CSNetwork), an
advisory board to the Indian River County Board of Commissioners, to
carry out the procedures, duties and functions set forth in Part II of this
chapter.
Section 103.06. - Code enforcement special master.
The chairman of the code enforcement board shall also be a special master as
provided for under section 162.03, Florida Statutes. The special master shall have all
of the authority allowed under Chapter 162, Florida Statutes. The primary duty of the
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special master will be to issue notices to appear. Proceedings initiated before a special
master may be continued before the code enforcement board and proceedings
initiated before the code enforcement board may be continued before the special
master. Per section 162.09, Florida Statutes, the special master has the authority to
impose fines up to $1,000 per day per violation for a first violation $5,000 per day per
violation for a repeat violation, for a commercial event at residence and an illegal
connection to the public water supply system.
Section 3. Codification. It is the intention of the Board of County Commissioners that the
provision 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 9th day of May, 2018,
for a public hearing to be held on the 22"d day of May, 2018, at which time it was moved for
adoption by Commissioner Solari , seconded by Commissioner Flescher , and
adopted by the following vote:
Chairman Peter D. O'Bryan
AYE
Vice -Chairman Bob Solari
AYE
Commissioner Susan Adams
AYE
Commissioner Joseph E. Flescher AYE
Commissioner Tim Zorc A=
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The Chairman thereupon declared the ordinance duly passed and adopted this 22nd day of
May, 2018.
BOARD OF COUNTY COMMISSIONER_ S OF
INDIAN RIVER COUNTY, -FLORIDA
Ohl
ATTEST: Jeffrey R. Smith, Clerk Peter .D. O'Bryan, Chai
ndCj7X
er
By: 141
Deputy Clerk
EFFECTIVE DATE: This Ordinance was filed with the Department of State on the 23rdday of
May, 2018.
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
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OOUNTY ATTORNEY
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