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PUBLIC NUISANCE
<br />Section 973,06, Assessment for abatement of
<br />nuisance.
<br />(1) If the county abates a nuisance as defined
<br />in section 973.08, the cost thereof to the county as
<br />to each lot, parcel or tract of land shall be calcu-
<br />lated and reported to the code enforcement board.
<br />Thereupon, the code enforcement board, shall
<br />issue an order to assess such costs against such
<br />lot, parcel tract of land, common space, open
<br />space, recreation tract, or landscape buffer. Such
<br />order shall describe the land and state the cost of
<br />abatement, which shall include an administrative
<br />cost of two hundred fifty dollars ($250,00) per
<br />abatement. Such assessment shall 6 a legal,
<br />valid and binding obligation upon the property
<br />against which made until paid. The assessment
<br />shall be due and payable forty-five (45) days after
<br />the mailing of notice of assessment after which
<br />interest shall accrue at the rate prescribed on any
<br />unpaid portion thereof.
<br />(2) The clerk shall mail a notice to the record
<br />owner or owners of each of said parcels of land
<br />described in the resolution, at the last available
<br />address for such owner or owners, which notice
<br />may be in substantially the following form:
<br />NOTICE
<br />Date:
<br />To:
<br />Address:
<br />Property:
<br />As the record owner of the property above
<br />described you are hereby advised that Indian
<br />River County, Florida did on the
<br />day of 20 ___' order the abate.
<br />went of a certain nuisance existing on the
<br />above property, sending you notice thereof,
<br />such nuisance being:
<br />[Describe Nuisance Briefly]
<br />A copy of such notice has been heretofore sent
<br />you. You failed to abate such nuisance; where-
<br />upon, it was abated by Indian River County at
<br />a cost of $ , such cost, by order of
<br />the Code Enforcement Board of Indian River
<br />County, Florida has been assessed against the
<br />above property on . 20 and
<br />shall become a lien on, the property forty-five
<br />Supp. No. 66
<br />$ 973,08
<br />(45) days after such assessment, You may re-
<br />quest a hearing before the Code Enforcement
<br />Board to show cause, if any, why the expenses
<br />and charges incurred by the County under this
<br />ordinance are excessive or unwarranted or why
<br />such expenses should not be charged against
<br />the property. Said request for hearing shall be
<br />made to the Clerk of the Code Enforcement
<br />Board in, writing within thirty (30) days from
<br />the date of the assessment.
<br />(3) If the owner fails to pay assessed costs
<br />within forty-five (45) days, a certified copy of the
<br />assessment shall be recorded in the official record
<br />books of the county. The assessment_ shall consti-
<br />tute a lien .against the property No assessment
<br />lien will be recorded if a hearing on whether the
<br />assessment is fair, reasonable and warranted is
<br />timely requested.
<br />(4) If the code enforcement board determines
<br />after hearing that the assessment is fair, reason-
<br />able, and warranted, a certified copy of the assess-
<br />ment order shall be recorded. If the board deter-
<br />mines that the charges are excessive or
<br />unwarranted, it shall direct the county adminis-
<br />trator to recompute the charges and the board
<br />shall hold a further hearing after notice to the
<br />owner upon the recomputed charges.
<br />(5) In an action to foreclose liens, it shall be
<br />lawful to join one (1) or more lots, parcels, or
<br />tracts of land; by whomever owned, if assessed
<br />under the provisions of this chapter, The property
<br />subject to lien may be redeemed at any time prior
<br />to sale by the owner by paying a total amount due
<br />including interest, court costs and other costs
<br />incident to the action.
<br />(6) Upon payment of lien, the county attorney
<br />or his designee shall, by appropriate means, evi-
<br />dence satisfaction and cancellation of such lien.
<br />(Ord. No. 90-16, § 1, 9.11-90; Ord. No. 2008-003,
<br />§ 1,1.8-08)
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