HomeMy WebLinkAbout2019-023 RESOLUTION NO. 2019- 023
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA SITTING AS THE ENVIRONMENTAL
CONTROL BOARD, DELEGATING CERTAIN
AUTHORITY TO THE ENVIRONMENTAL CONTROL
OFFICER TO SATISFY AND RELEASE
ENVIRONMENTAL CONTROL HEARING BOARD LIENS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 85-427, is a Special Act that was authorized by the Florida
Legislature in 1985 to create the Indian River County Environmental Control Board which is made
up of the five members of the Indian River County Board of County Commissioners (Board); and
WHEREAS, Section 9 of Chapter 85-427 authorizes the Indian River County
Environmental Control Board to appoint a five-member Environmental Control Hearing Board
(Hearing Board),to conduct due process hearings into the merits of the alleged violations and, if
necessary, to issue orders imposing civil penalties of up to $500 per day per violation against a
person or entity found to be in violation of the Special Act; and
WHEREAS, Section 16 of Chapter 85-427 states that any fine imposed by an order of the
Hearing Board shall, upon expiration of the time for appeal and the filing of the underlying order
with the clerk to the circuit court, become a statutory lien against any and all property of the
respondent; and
WHEREAS, because the satisfaction and release of the Hearing Board's liens which are
paid in full is a non-discretionary,ministerial act,the public interest is served if the Environmental
Control Officer has authority, concurrent with the authority of the Board, to satisfy and release
Hearing Board liens which are paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS THAT:
Section 1. The above "WHEREAS" clauses are true and correct, and hereby adopted as
findings of this Board.
Section 2. The Board hereby delegates to the Environmental Control Officer the authority
to satisfy and release Hearing Board liens which are paid in full. Such authority shall exist
concurrently with the authority of the Board.
Section 3. This resolution shall take effect immediately upon adoption.
The foregoing resolution was moved for adoption by Commissioner Flescher , and
seconded by Commissioner zorc ,and,upon being put to a vote,the vote was as follows:
RESOLUTION NO. 2019- 023
Chairman Bob Solari AYE
Vice-Chairperson Susan Adams AYE
Commissioner Peter D. O'Bryan AYE
Commissioner Joseph E. Flescher AYR
Commissioner Tim Zorc AYE
The Chairman of the Board of County Commissioners Indian River County,Florida sitting
as the Environmental Control Board of Indian River County, thereupon declared the resolution
duly passed and adopted this 12thday of March, 2019.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA sitting
,,.•oh�Misf . • as THE ENVIRONMENTAL CONTROL BOARD
\-.1.;%. Solari, Chairman
;t . ,, .�,,:
BobB
��.q.RIVER
ATTEST: Jeffrey R. Smith, Clerk
of Court and Comptroll-r7
By:
Deputy Cler
Approved a to form and legal suff cid
By:
Kate Pin••lt Cotner,Assistant County Attorney