HomeMy WebLinkAbout2004-212L Q'rLit
o" prepared by
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the GnI t y ATVAE ' w ' -' Y[ice, THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
1 `��l'�It $", vcY�' c INDIAN RIVER COUNTY FL
]Florida 32 ' W BK : 1783 PG : 2011 , Pagel of 2
09120/2004 at 03 : 33 PM ,
s , JEFFREY K BARTON , CLERK OF
ORIGINALCOURT
A ,
INDIAN RIVER COUNTY EMERGENCY ORDER 2004 =07
[Hurricane Frances Storm Recovery Temporary Relocation of Legally Operating
Professional Offices to Residences in Indian River Countyl
WHEREAS , EXECUTIVE ORDER NUMBER 04 - 192 ( Emergency Management)
was issued by Jeb Bush , the Governor of the State of Florida on September 1 , 2004 that
declared that Hurricane Frances , alone and in combination with the destruction by
Hurricane Charley , threatens the State of Florida with a catastrophic disaster; and
WHEREAS , EXECUTIVE ORDER NUMBER 04 - 192 ( Emergency Management)
declared that a state of emergency exists in the State of Florida for sixty (60 ) days from
September 1 , 2004 , unless extended ; and
WHEREAS , EXECUTIVE ORDER NUMBER 04-206 ( Emergency Management)
dated September 10 , 2004 , extended the state of emergency that exists in the State of
Florida for sixty (60 ) days from September 10 , 2004 , that is , until November 10 , 2004 ,
unless further extended ; and
WHEREAS , Section 8 of each of the aforementioned EXECUTIVE ORDERS found
that the special duties and responsibilities resting upon some state , regional and local
agencies and other governmental bodies in responding to the disaster may require them to
deviate from the statutes , rules , ordinances , and orders they administer, and therefore
gave such agencies and other governmental bodies the authority to take formal action by
emergency rule or order in accordance with Sections 120 . 54 (4 ) and 252 . 46 (2 ) , Florida
Statutes , to the extent that such actions are needed to cope with this emergency ; and
WHEREAS , by operation of law , the aforementioned EXECUTIVE ORDERS ,
Florida Statutes sections 252 . 36 , 252 . 38 , and 252 . 46 , and Indian River County
Resolutions 2004 - 95 and 2004 — 096 , the Indian River County Board of County
Commissioners sitting as the Board of Commissioners of the Emergency Services District
of Indian River County has the authority to issue orders and rules during the period of the
declared emergency , and has delegated the ability to issue Emergency Orders for Indian
River County to the County Administrator,
WHEREAS , due to the declared state of emergency as set forth above , this
Emergency Order is issued declaring that , solely from the period commencing
September 15 , 2004 and ending no later than 5 : 00 pm March 31 , 2005 , and applicable
throughout Indian River County's jurisdiction , the following rules shall apply to the
temporary relocation of professional offices legally operating in commercial areas prior to
Hurricane Frances to residences in Indian River County :
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Solely from the period commencing September 15 , 2004 and ending no
later than 5 : 00 pm March 31 , 2005 , professional offices legally operating in commercial
areas prior to Hurricane Frances are allowed to relocate and operate temporarily from
residences , subject to compliance with all of the following conditions :
1 . A professional office is allowed to operate temporarily in a residence
only if the professional office was legally operating in a commercial
location that has become uninhabitable due to Hurricane Frances
damage or storm - related reconstruction .
2 . No Indian River County Planning Division or Building Division approval
is needed to temporarily relocate a professional office operation to a
residence , provided that all of the conditions of this Emergency Order are
met .
3 . The temporary use of a residence for a professional office temporarily
relocated to a residence must cease upon completion of the commercial
location office repairs or by March 31 , 2005 , whichever occurs first ,
unless extended in writing by the Indian River County Community
Development Director or his designee for good cause shown . Good
cause shown , at a minimum , shall include evidence that the repairs to the
commercial office location have commenced and are diligently being
prosecuted to completion .
4 . Customer and client visits to temporary professional offices at
residences shall be limited solely to the hours of 9 : 00 a . m . to 5 : 00 p . m . ,
Monday through Friday .
NOW, THEREFORE this Emergency Order 2004-07 is in effect throughout Indian River
County' s jurisdiction from September 15 , 2004 and shall expire at 5 : 00 pm on March 31 ,
2005 , unless further extended by subsequent Emergency Order,
DONE AND ORDERED this 17th day of September, 2004 .
n
Fd
ph A . Baird
n River County Administrator
ndian River County Emergency
Services District Director
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