HomeMy WebLinkAbout2018-027ORDINANCE NO. 2018-027
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 201.09 (IMPACT
FEES) 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 FOR A REFUND OF WATER AND SEWER IMPACTS
UNDER CERTAIN CIRCUMSTANCES; 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 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.
Section 2. Amendment of Section 201.09 (Impact Fees) of Part I (In General) of Chapter
201 (County Water and Sewer Services).
New language indicated by underline, and deleted language indicated by strikethrough.
Section 201.09 (Impact Fees) of Part I (In General) of Chapter 209 (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 201.09. Impact fees.
E. Reduction, refund and relinquishment Refund of impact fees. Any
commercial customer whose maximum monthly water use or sewage
flow remains below the amount corresponding to the number of ERUs
assigned to such customer for a period of twenty-four (24) months and
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ORDINANCE NO. 2018-027
for which impact fees have been paid, may make application to the
department to reduce the number of ERUs assigned and seek
corresponding reimbursement of impact fees paid, as they are resold by
the county. The county may refund impact fees actually paid, without
interest, based on the impact fee schedule in effect at the time of original
payment or at the prevailing rate, whichever is less, provided the
department has resold such ERUs since the impact fee refund
application was made. Subsequent water use or sewage flow in excess
of flows corresponding to customer's number of assigned ERUs will be
subject to the provisions of this chapter.
Any customer who purchased ERUs, and the account for such ERUs is
current, and the customer has not connected to the system may make
application to the department for a refund provided application is made
within twenty-four (24) months of the payment of impact fees.
Reimbursement will be based on the impact fee schedule in effect at the
time of original payment.
Any customer who has a reserve account affiliated with an assessment
paid in lieu of impact fees affiliated with certain voluntary assessments
that were adopted by resolution between 1984 and 1989 and the reserve
account is current, may make application to the department for a refund
of the amount of the assessment paid, so long as the property is either
undeveloped or located 200 or more feet from an existing water and/or
sewer line, whichever is applicable. Refunds will be eauated to a Der
ERU basis and refunded at the amount actually Daid.
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.
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ORDINANCE NO. 2018-027
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 the6th 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 0' Bryan seconded by Commissioner
Zorc , 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 18th day of
December, 2018.
ATTEST: Jeffrey R. Smith, Clerk
and Comptroller
By OWL 4i�f 9
Deputy Clerk
�ouriri%co •;•.
BOARD OF COUNTY COMMI$i�3N Oar"
INDIAN RIVER COUNTY, FL0kj6A
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Bob Solari, Chairman • o��oP•�'•
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EFFECTIVE DATE: This Ordinance was filed with the Department of State on the_Lip—day of
December, 2018.
APPROVED AS TO FORM)
AND LEGAL SUFFICIENOY
oe
BY
DYLAN REINGOLD
198ONTY ATTORNEY
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