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RESOLUTION NO. 89-156
<br />A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF INDIAN
<br />RIVER COUNTY, FLORIDA, ASSESSING COSTS OF COUNTY WEED,
<br />TRASH AND DEBRIS NUISANCE ABATEMENT ON LOT 1, BLOCK 10,
<br />OF WHISPERING PALMS SUBDIVISION UNIT 4; SUCH ASSESSMENT
<br />BEING A BINDING 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, trash, debris, and garbage is in the public interest and
<br />necessary for the health, safety, and welfare of the citizens of
<br />Indian River County; and
<br />WHEREAS, Indian River County Ordinances No. 87-13, "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 minimum of 50% developed; and
<br />WHEREAS, the Board of County Commissioners of Indian River
<br />County has determined that the landowners are responsible for
<br />abating 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 owners by certified
<br />mail, and notice was posted on the subject property for 30 days,
<br />in accordance with Section 13-23, "serving of notice," of the
<br />County Public Nuisance Ordinance, and
<br />WHEREAS, the landowners of the subject property failed to
<br />abate the described weed, trash_and debris nuisance within 30 days
<br />of the posted and mailed notice; and
<br />WHEREAS, Section 13-19(b) of the County Public Nuisance
<br />Ordinance (No. 87-33) authorized 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 November 08, 1989, County Road and Bridge
<br />Division abated the herein described weed, trash and debris
<br />nuisance, in accordance with Section 13-19(b), of the County
<br />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,
<br />esolution, 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 nine thousand eight hundred seventy three
<br />dollars and six cents ($9,873.06); 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 cost within the thirty (30
<br />days, a certified copy of the assessment shall be recorded in the
<br />official record books of the County, constituting a lien against
<br />the property, subject to twelve (12) per annum interest;
<br />DEC 10 i989
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