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NOV2 <br />1989 am 78 Du 467 <br />RESOLUTION NO. 89-146 <br />A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF INDIAN <br />RIVER COUNTY, FLORIDA, ASSESSING COSTS OF COUNTY WEED <br />NUISANCE ABATEMENT ON LOT 15, BLOCK 9, OF VERO SHORES <br />SUBDIVISION UNIT 1; SUCH ASSESSMENT BEING A BINDING <br />OBLIGATION UPON THE PROPERTY UNTIL PAID. <br />WHEREAS, the Board of County Commissioners of Indian River <br />County has determined that the regulation of the accumulation of <br />weeds is in the public interest and necessary for the health, <br />safety, and welfare of the citizens of Indian River County; and <br />WHEREAS, Indian River County Ordinances No. 87-33, "Public <br />Nuisances," defines as a public nuisance weeds in excess of 18 <br />inches in height on a lot contiguous to a residential structure <br />within a platted residential subdivision where the platted lots <br />are at a minimum of 50% developed; and <br />WHEREAS, the Board of County Commissioners of Indian River <br />County has determined that landowners are responsible for abating <br />public nuisance existing on their property; and <br />WHEREAS, a Notice of Public Nuisance calling for the abate- <br />ment of the described nuisance was sent to the owner(s) by cer- <br />tified mail, and notice was posted on the subject property for 30 <br />days, in accordance with Section 13-23, "serving of notice," of <br />the County Public Nuisance Ordinance, and <br />WHEREAS, the landowners of the subject property failed to <br />abate the described weed nuisance within 30 days of the posted and <br />mailed notice; and <br />WHEREAS, Section- 13-19(b) of the County Public Nuisance <br />Ordinance (No. 87-33) authorizes County personnel to abate a <br />public nuisance if the nuisance is not abated by the landowner <br />within 30 days of notice; and <br />WHEREAS, as of September 7, 1989, County & Bridge Division <br />abated the herein described weed nuisance, in accordance with <br />Section 13-19(b), of the County Public Nuisance Ordinance; and <br />WHEREAS, Section 13-21(a) of the County Public Nuisance <br />Ordinances provides that, after abatement of a nuisance by the <br />County, the cost thereof shall be calculated and reported to the <br />Board of County Commissioners; thereupon, the Board, by resolu- <br />tion, shall assess such costs against the subject property, such <br />costs to include an administrative fee of seventy-five dollars <br />($75.00) per lot; and <br />WHEREAS, the total cost of equipment use, labor, and adminis- <br />trative fee for County abatement of the herein described nuisance <br />is determined to be one hundred and five dollars and seventy-six <br />cents ($105.76); and <br />WHEREAS, Section 13-21(c) of the County Public Nuisance <br />Ordinance provides that the assessment shall be due and payable <br />thirty (30) days after the mailing of a notice of assessment, <br />whereby if the owner fails pay assessed costs within the thirty <br />(30) days, a certified copy of the assessment shall be recorded in <br />the official record books of the County, constituting alien <br />against the property, subject to twelve (12) percent per annum <br />interest; <br />10 <br />