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§ 973.D3
<br />INDMN iZMH COUNTY CODE
<br />scribed in subsection 973.03(1)(a)
<br />shall be prima facie evidence of in-
<br />tent to violate and of a violation of
<br />this section by the owner, owners
<br />And occupant of said land.
<br />(2) Restrictionofgarbage, trash, junk, debris
<br />or unserviceable vehicles in or on public or
<br />private property:
<br />(a) No person shall discard, place, aban-
<br />don, accumulate, or permit or cause
<br />to be discarded, placed, abandoned
<br />or accum_u18toil any junk, wrecked or
<br />unserviceable vehicle or the parts
<br />thereof on property in the unincor.
<br />porated areas of the county unless
<br />such vehicles or parts are stored in
<br />an enclosed structure or at an autho.
<br />rized junk or auto wrecking yard. No
<br />person shall throw, discard, place,
<br />abandon, accumulate, or permit or
<br />cause to be thrown, discarded, placed,
<br />abandoned or accumulated any
<br />junked or unserviceable refrigerator,
<br />stove, washing machine, water heater,
<br />or other household appliance or equip-
<br />ment, or any garbage, trash, junk,
<br />debris or unserviceable vehicles on
<br />property in the unincorporated ar-
<br />eas of the county except at an autho-
<br />rized junk yard, or at a landfill or
<br />other solid waste disposal site that
<br />holds a permit issued by the Florida
<br />Department of Environmental Reg-
<br />Wation pursuant to Part 4 of Chap-
<br />ter 403, Florida Statutes, and is op.
<br />erated by, or under franchise from,
<br />the county.
<br />(b) The existence of any garbage, trash,
<br />junk, debris or unserviceable vehicle
<br />in or on any unauthorized property
<br />In the unincorporated area of the
<br />county, whereby said material con-
<br />tains evidence of ownership, shall be
<br />prima facie 'evidence of intent to vi-
<br />olate and violation of this section by
<br />the person whose name appears on
<br />such material.
<br />(Ord. No. 80-16, § 1, 9-11-90; Ord. No. 92-11, § 10,
<br />4-22.92; Ord. No. 2008-003, § 1, 1-8-08)
<br />Section 973.04. Abatement of nuisance.
<br />(1) Whenever a county code inspector deter-
<br />mines that a public nuisance as described in
<br />section 973.03 of this chapter exists, the inspector
<br />shall have the authority to serve the violator with
<br />notice to appear before the Indian River County
<br />Code Enforcement Hoard and shall hold hearings
<br />in the manner provided in F.S. Ch. 162.
<br />(2) If the code enforcement board determines
<br />through a compliance hearing that the violator is
<br />still not in compliance with section 973.03 and
<br />that -the violation presents a serious threat to the
<br />public health, safety, and welfare or if the viola-
<br />tion is irreparable or irreversible in nature, then
<br />the code enforcement board shall direct staff to
<br />notify the Indian River County Commission, who
<br />no sooner than thirty (30) days after the compli-
<br />ance hearing, may issue an order to direct the
<br />county administrator or a designee for the county
<br />administrator, to abate the nuisance; authorizing
<br />the county's employees, servants, agents or con-
<br />tractors to enter upon the property at all reason-
<br />able times and take whatever action is necessary
<br />to abate the nuisance.
<br />(3) Once the county has abated a specific nui-
<br />sance under this section, no further code enforce.
<br />ment board determination is needed for the county
<br />to take future abatement action relating to the
<br />reoccurrence of the nuisance violation.
<br />(4) The primary method for bringing code vio-
<br />lators into compliance shall continue to be the
<br />fines imposed by the code enforcement board and
<br />nothing in this section shall prbelude the code
<br />enforcement board from issuing a fine relating to
<br />any nuisance violation. Anuleanee violation need
<br />not rise to the level of a serious threat to the
<br />public health, safety, welfare or be in the nature of
<br />a violation that .is irreparable or irreversible for
<br />the code enforcement board to issue an order of
<br />non-compliance with section 97303.
<br />(Ord. No. 90-1.6, § 1, 9-11-90; Ord. No. 2008-003,
<br />§ 1, 1-8-08)
<br />,Section 973.05. lteserved.
<br />Editor's note- Ord. No. 2008.008, § 1, adopted January
<br />8, 2008, repealed § 973.05, which pertained to public hearing
<br />on nuisance, See also the Table of Amendments.
<br />Supp, No. 86 973/2
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