The URL can be used to link to this page

Home My WebLink About2018-057RESOLUTION NO. 2018- 057 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, 2013-089 AND 2016-056, TO INCLUDE ENFORCEMENT OF ILLICIT STORMWATER DISCHARGE 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, in 2016, the Board adopted Resolution 2016-056, amending Resolution No. 92-59 to include penalties and notification time frames for vacation rentals and commercial event at residence; violations of County Code Chapter 911; and WHEREAS, the Board desires to further amend the schedule of penalties and notification time frames to incorporate enforcement of new illicit stormwater discharges 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, 2013-089 and 2016- 056, as follows (added language is double underlined): F..wro—vOilhOrd/nmrce Ainmdnenrs�i—afee Illicit Disch ges�Resnlulinnfr CITATION FIA'ESY'IIF1J R£PRF_V 1018- .d— I RESOLUTION NO. 2018-057 See ATTACHMENT A, Amendment to Schedule of Penalties and Notification Time Frames 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 Peter D. O'Bryan AYE Vice Chairman Bob Solari AYE Commissioner Susan Adams AYE Commissioner Joseph E. Flescher AYE Commissioner Tim Zorc AYE The Chairman thereupon declared the resolution duly passed and adopted this 19`x' day of June, 2018. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Y Deputy Clerk BOARD OF COUNTY COMMISSIONERS .• •�oniMrs '• OF INDIAN RIVER COUNTY, FLORID -'OIA..•••• ''S!0^✓�9ct+•• By: i Peter D. O'Bryan, Chairman ' • yob . � Approved as to form and legal suffici c • 9�I��E" 0/1,6 Lf / ) A ••a William K. Deputy County Attorney RlAtrorneNBilllOrdibnnce A—d—WI Slormwater Illicit DischargesUlesolul— for CITATION FINESCHED REV RES 20/8-_.docr 2 RESOLUTION NO.2018--ja57 AMENDMENT TO RESOLUTION NOS. 92-59,95-62,2013-089 and 2016-056 Attachment A CITATION ORDINANCE SCHEDULE OF PENALTIES & NOTIFICATION TIME FRAMES VIOLATION TYPE SECTION FINE' NOTICE TIME FRAME2 Contractin,2 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. FAAttorney\Bill\Ordinance Amendments\Stormwater Illicit Discharges\Citation Fee Schedule for illicit discharge.rtf RESOLUTION NO. 2018-L57 AMENDMENT TO RESOLUTION NOS. 92-59,95-62,2013-089 and 2016-056 Attachment A CITATION ORDINANCE SCHEDULE OF PENALTIES & NOTIFICATION TIME FRAMES VIOLATION TYPE SECTION FINEt NOTICE TIME FRAMEZ 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. '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. FAAttorney\Bill\Ordinance Amendments\Stormwater Illicit Discharges\Citation Fee Schedule for illicit discharge.rtf 2 RESOLUTION NO. 2018- 057 AMENDMENT TO RESOLUTION NOS. 92-59,95-62,2013-089 and 2016-056 Attachment A CITATION ORDINANCE SCHEDULE OF PENALTIES & NOTIFICATION TIME FRAMES VIOLATION TYPE SECTION FINE' NOTICE TIME FRAME' 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. 316.3 $503 N/A Fertilizer -free zone vio. 316.4 $503 N/A Fertilizer content/app. vio. 316.6, 316.7 $503 N/A Application practices vio. 316.8 $503 24 hrs. Grass clippings/debris vio. 316.9 $503 24 hrs. Comm. license/cert. vio. 316.13 $500 N/A Illicit Stormwater Discharge up to $500.00 for Is' Per occurrence violation. $2.500 for Illegal discharge 318.04 repeat violations Illicit connection 31S.05 5 0 0 Per occurrence Per occurrence Reinstate MS4 access w/o prior 8.06 $5,02=0=9 rov 113 Vacation Rental Vehicle parking violation 911.15(4) $50 per vehicle per 24 hrs.* occurrence per day for first violation; $100 per vehicle per occurrence per day for repeat violations Failure to obtain or maintain a valid 911.15(9) $100 per day per 30 business days* county vacation rental license vacation rental unit Violation of license condition 911.15(9) $100 per day 24 hrs.* Contact information update violation 911.15(9) $100 per violation 24 hrs.* Noise Violation 911.15(9) and $100 per day for 24 hrs.* 974 first violation; $300 per day for repeat violations Commercial Event '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. FAAttomey\l3ill\0rdinance AmendmentAStormwater Illicit Discharges\Citation Fee Schedule for illicit discharge.rtf 3 RESOLUTION NO. 2018- 057 Commercial event at residence 911.15(8) $1,000 per event for 24 hrs.* Note: due to Florida law, fines first violation; exceeding $500 are assessed through the $5,000 per event for Indian River County Code Enforcement repeat violations Board and not by means of a citation issued by a code enforcement officer. *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. FAAttomey\Bill\Ordinance Amendments\Stormwater Illicit Discharges\Citation Fee Schedule for illicit discharge.rtf 4