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1990-086
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1990-086
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Last modified
2/26/2021 11:17:01 AM
Creation date
1/26/2021 11:14:34 AM
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Resolutions
Resolution Number
1990-86
Approved Date
07/24/1990
Entity Name
Oslo Park Subdivision
Subject
Assessing Cost of County Weed Nuisance Abatement
Area
Unit No. 2, Lots 7 & 8, Block Y
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RESOLUTION N0. 90-86 <br />A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF INDIAN <br />RIVER COUNTY, FLORIDA, ASSESSING COSTS OF COUNTY WEED <br />NUISANCE ABATEMENT ON Oslo Park Subdivision Unit No 2, <br />Lots 7 & 8, Block Y, according to the plat thereof, as <br />recorded in Plat Book 4, Page 13, of the Public Records <br />of Indian River County, Florida <br />SUCH ASSESSMENT BEING A BINDING OBLIGATION UPON THE <br />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 is in the public interest and necessary for the health, <br />safety, and welfare of the citizens of Indian River County; and <br />WHEREAS, Indian River County Ordinance No. 87-33, "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 are <br />at a minimum of 508 developed; and <br />WHEREAS, the Board of County Commissioners of Indian River <br />County has determined that landowners are responsible for abating <br />public nuisances existing on their property; and <br />WHEREAS, a Notice of Public Nuisance calling for the abatement <br />of the described nuisance was sent to the owner(s) 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 nuisance within 30 days of the posted and <br />mailed notice; and <br />WHEREAS, Section 13-19(b) of the County Public Nuisance <br />Ordinance (No. 87-33) authorizes County personnel to abate a public <br />nuisance if the nuisance is not abated by the landowner within 30 <br />days of notice; and <br />WHEREAS, as of May 31, 1990, the County Road and Bridge <br />Division has abated the herein described weed nuisance, in <br />accordance with Section 13-19(b), of the County Public Nuisance <br />Ordinance; and <br />WHEREAS, Section 13-21(a) of the County Public Nuisance <br />Ordinance 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 resolution, <br />shall assess such costs against the subject property, such costs <br />to include an administrative fee of seventy-five dollars ($75.00) <br />per lot; and <br />WHEREAS, the total cost of equipment use, labor, and <br />administrative fee for County abatement of the herein described <br />nuisance is determined to be $212,70; 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 to pay assessed cost within the thirty <br />(30) days, a certified copy of the assessment shall be recorded in <br />the official record books of the County, constituting a lien <br />against the property, subject to twelve (12) percent per annum <br />interest; <br />
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