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05/15/2018
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05/15/2018
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1/12/2021 2:36:38 PM
Creation date
6/12/2018 3:04:46 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
05/15/2018
Meeting Body
Board of County Commissioners
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27. The issuance of a temporary injunction requires a showing of four elements: (l ) <br />irreparable harm; (2) a clear legal right; (3) an inadequate remedy at law; and (4) the public interest <br />will be served. Weinstein v. Aisenbera, 758 So.2d 705, 706 (Fla. 4"' DCA 2000; Rud e at 647. <br />28. In the alternative, the issuance of a permanent injunction requires a showing of three <br />elements: (1) the act or conduct to be enjoined violates a clear legal right; (2) there is no adequate <br />remedy at law; and (3) injunctive relief is necessary to prevent an irreparable injury. Ilollywood <br />Towers Condominium Ass'n. Inc., v. Hampton, 40 So. 3d 784 (Fla. 4"' DCA 2010). <br />29. Pursuant to Chapter 85-427, Florida Statutes, and the Amendment to Amended Rules <br />of Conduct of Proceedings Before the Indian River County Environmental Control Hearing Board <br />dated May 27, 1999, the Environmental Control Officer may enforce any violation of a county <br />ordinance, all laws of the State of Florida, and all of the rules of state agencies, including the <br />Department of Environmental Protection and the Department of Health by filing a civil action in the <br />name of Indian River County. <br />30. The Subject Property has a number of sanitary nuisances that could injure the tenants, <br />visitors, or the general public. These violations clearly violate the law and the County has a clear <br />legal right to an injunction to stop the above -referenced violations of the laws, rules and regulations <br />of the State of Florida. <br />1. As of the date of filing this complaint, the Subject Property has not been brought into <br />compliance with the laws of the State of Florida. Photos of the Subject Property and the <br />corresponding dates are attached to the complaint as exhibit 2, and are incorporated by reference <br />herein. <br />7 <br />148 <br />
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