HomeMy WebLinkAbout2018-026ORDINANCE NO. 2018 - 026
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 201.08
(RATES AND CHARGES) OF CHAPTER 201 (COUNTY WATER AND
SEWER SERVICES) OF THE CODE OF INDIAN RIVER COUNTY;
ESTABLISHING AN AMNESTY PROGRAM RELATING TO
DELINQUENCY CHARGES ON CERTAIN UTILITY SERVICE
AVAILABILITY CHARGES; MAKING FINDINGS AND PROVIDING
FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, sections 201.08(B) and (C) of the Code of Indian River County (the "Code")
requires that service availability charges be imposed on the owner of each water and sewer
Equivalent Residential Unit ("ERU") which is reserved for future use ("Service Availability
Charges"); and
WHEREAS, section 201.080(4) of the Code provides that the County shall charge
delinquency charges on all outstanding balances, including outstanding balances of Service
Availability Charges; and
WHEREAS, there is currently a significant outstanding balance of Service Availability
Charges upon which delinquency charges are accruing — namely, those which are based upon
ERUs reserved for future use, but for which there has been no past or present use or consumption
of water or sewer services ("Reserved ERU Service Availability Charges"); and
WHEREAS, payment of Reserved ERU Service Availability Charges is important to the
financial well-being of the County's water and sewer system, because such charges reimburse the
County for its expense in maintaining the infrastructure built to provide capacity for reserved
ERUs; and
WHEREAS, the creation of an amnesty program which, for a limited period of time,
waives delinquency charges upon the payment in full of outstanding Reserved ERU Service
Availability Charges will serve the public interest by encouraging the payment of such charges,
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 promoting the public health, safety and welfare of the residents of the
county. The Board specifically determines that the enactment of this ordinance is not inconsistent
ORDINANCE NO. 2018 -026
with general or special law, and is necessary and appropriate to promote the health, safety and
welfare of the residents of Indian River County.
Section 2. Findings.
The Board finds that the above "Whereas" clauses are true and correct, and hereby
incorporates such clauses as findings of the Board.
Section 3. Amendment of Section 201.08(,)(4) of the Code.
Section 201.08(J)(4) of the Code of Indian River County, Florida, is hereby amended to
read as follows (new language indicated by underline, and deleted language indicated by
striletlffeugh):
"(4) Delinquency charge. County shall charge an additional two dollars ($2.00)
plus one and one-half (1 1/2) percent interest monthly (collectively "delinquency
charges") on all outstanding balances including assessments, fees, charges, and
other fees due (collectively "underlying charges") if payment is not made in full by
each payment deadline date; provided, however, that the Utilities Director may
waive some or all delinquency charges in connection with the reactivation of
service of an existing account, where (i) payment in full of all underlying charges
and delinquency charges would work a hardship to the customer, and such waiver
is determined to be in the best interests of the County, and (ii) such waiver results
in the immediate payment in full of all underlying charges and any delinquency
charges which are not waived.
With respect to service availability charges which (i) are based on the ownership of
one or more ERUs which are reserved for future use but for which there has been
no past or present use or consumption of services, and (ii) are unpaid as of 3uly 24,
204 -5 -December 18, 2018, such delinquency charges shall be waived if the unpaid
service availability charges are paid in full at any time between My 24, 201-5
December 18, 2018 and Oeteber-31, 299 March 18, 2019. Such waiver shall not
be eligible for those property owners who have received prior waivers under this
section."
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.
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ORDINANCE NO. 2018 - 026
Section 5. 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 6. Effective Date.
This ordinance shall become effective upon enactment 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 61' day of
December, 2018, for a public hearing to be held on the 18th day of December, 2018, at which time
it was moved for adoption by Commissioner o' Bryan , seconded by
Commissioner Flescher , and adopted by the following vote:
Chairman Bob Solari AYE
Vice Chairman Susan Adams AYE
Commissioner Joseph E. Flescher AYE
Commissioner Tim Zorc AYE
Commissioner Peter D. O'Bryan AYE
The Chairman thereupon declared the ordinance duly passed and adopted this 18`h day of
December, 2018. '�jTY Cp'`•
...........
ATTEST: Jeffrey R. Smith, Clerk of Court
And Comptroller
BOARD OF COUNTY COMMI$SI RS `'
INDIAN RIVER COUNTY, Fli$IUD
By:
Bob Solari' Chairman
• •F9�D�NTY .F� 0 • �P
Approved as to form and legal sufficiency:
By: (&0& � zz�zz
Deputy Clerk n Reingold, County Attorney
EFFECTIVE DATE: This ordinance was filed with the Department of State on the / day of
December, 2018.
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