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RECORD VERIFIED
<br />JEFFREY K. BARTON
<br />CLERK COURT
<br />RESOLUTION NO. 90-51 INDIAN ROVERICO FLA
<br />AN AMENDED RESOLUTION OF THE BOARD OF COUNTY COMMIS-
<br />SIONERS OF INDIAN RIVER COUNTY, FLORIDA, ASSESSING COSTS
<br />OF COUNTY WEED, TRASH AND DEBRIS NUISANCE ABATEMENT ON
<br />LOT 1, BLOCK 10, OF WHISPERING PALMS SUBDIVISION UNIT 4;
<br />AS RECORDED AT PLAT BOOK 5 PAGE 11, PUBL I C RECORDS OR
<br />INDIAN RIVER COUNTY 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, 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 />o WHEREAS, Indian River County Ordinance 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 />A 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 />o�� WHEREAS, a Notice of Public Nuisance calling for the abate-
<br />ment of the described nuisance was sent by certified mail to the
<br />4J owner(s) at the address indicated on County property appraiser
<br />records, and notice was posted on the subject property for 30
<br />days, in accordance with Section 13-23," serving of notice," of
<br />y the County Public Nuisance Ordinance, and
<br />P4
<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 mail 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, shall assess such costs against the subject property, such
<br />costs to include and 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 />as determined to be nine thousand eight hundred seventy three
<br />dollars and six cents ($9,873.06) and
<br />WHEREAS, Malcolm S. Levy, part owner of the property, ap-
<br />pealed the Board of County Commissioners assessment of nine
<br />thousand eight hundred seventy three dollars and six cents
<br />($9,873.06); and
<br />WHEREAS, County staff conducted a survey of the property and
<br />found that a portion of Lot 14, Block 10, Whispering Palms Subdi-
<br />vision Unit 4, has been cleared along with Lot 1, Block 10,
<br />Whispering Palms Subdivision Unit 4; and
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