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EXTENDED, AME ND RES TA TED
INDIAN RIVER COUNTY EMERGENCY ORDER 2004 =05
[RULES FOR NO FEE PERMITS TO REPAIR OR REPLACE STRUCTURES
DAMAGED BY HURRICANE FRANCES AND/OR HURRICANE JEANNEI
[HURRICANE FRANCES AND HURRICANE JEANNEI
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 r
that Hurricane Frances , alone and in combination with the destruction by Hurricane Charley ,
threatens the State of Florida with a catastrophic disaster; and
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WHEREAS , EXECUTIVE ORDER NUMBER 04- 192 ( Emergency Management) 6
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 d
extended ; and
WHEREAS, EXECUTIVE ORDER NUMBER 04-217 (EmeraencV Management)
dated September 24, 2004, extended the state of emergency that exists in the State of '
Florida for sixty (60) days from September 24 2004 that is until November 24, 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 , 2004 — 096 , and 2004 — 118 , 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, and to amend,
1
restate. and extend previously issued Emergency Orders as required, for Indian River
County to the County Administrator,
NOW, THEREFORE , 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 at 5:00 pm on NOVEMBER 24 2004, Asteb� r ''�• - w4; the following
rules shall apply to permits issued by the Indian River County Planning and Building
Divisions :
A . Solely from September 15 , 2004 through 5:00 pm on NOVEMBER 24, 2004,
QGteber 15 , , no Indian River County Building Division or Planning Division fees
shall be charged to contractors or owner-builders applying for the following:
1. permits for any and all repairs to , or replacement of. structures
damaged by Hurricane Frances and/or Hurricane Jeanne.
ll. temporary use permits associated with Hurricane Frances and/or
_Hurricane Jeanne damage , ; and
lll. MS (Mobile Home Setup) permits associated with Hurricane Frances
and/or Hurricane Jeanne damage
B . The foregoing " no fee " permit provisions do NOT alter the requirement that
all contractors and owner-builders must obtain permits for any construction or repair
Iwork associated with Hurricane Frances and/or Hurricane Jeanne damage which
otherwise requires aermit, Failure to
p obtain any required permit shall result in a
charge that is double the standard fee for the applicable permit.
C . The foregoing " no fee " permit provisions apply ONLY to construction
work not associated with Hurricane Frances and/or Hurricane Jeanne damage .
THIS EMERGENCY ORDER is effective from September 15 , 2004 and will expire at
5 : 00 p . m . on November 24, 2004. 9stsber�,-x^04, unless further extended by subsequent
Emergency Order.
DONE AND ORDERED this 13th day of October. 2004 nunc pro tunc 274h day of
September, 2004.
ideph A . Baird
an River County Administrator
Indian River County Emergency
Services District Director
Ofike Of
INDIAN RIVER COUNTY
ATTORNEY
William G. Collins II, County Attorney
Marian E. Fell, Assistant County Attorney
William K. DeBraal, Assistant County Attorney
INTER - OFFICE MEMORANDUM
TO : 7aarian
rd of County Commissioners
FROM : ; E . Fell , Assistant County Attorney
DATE e October 19 , 2004
RE : EMERGENCY ORDER IN CONNECTION
WITH HURRICANES FRANCES AND JEANNE
Attached please find a copy of Extended , Amended and
Restated Indian River County Emergency Order 2004 - 05 that
replaced the one previously circulated to you under cover
of September 16 , 2004 .
We will circulate additional Emergency Orders as they are
generated and recorded .
MEF / lk
Attachments
V/C : Clerk to the Board
F :Wttomey\nef\bcc\nemo bcc transmit extended amend and restated emergency order 05 .rtf