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40 629197 RESOLUTION NO. 89-155-__-____ A 9 -156-------- A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ASSESSING COSTS OF COUNTY WEED, TRASH AND DEBRIS NUISANCE ABATEMENT ON LOT 1, BLOCK 10, OF WHISPERING PALMS SUBDIVISION UNIT 4; SUCH ASSESSMENT BEING A BINDING OBLIGATION UPON THE PROPERTY UNTIL PAID. WHEREAS, the Board of County C011][Hissioners of Indian River County has determined that the regulation of the accumulation of woods, trash, debris, and garbage Is In the public interest and necessary for the health, Safety, and welfare of the citizens of Indian River County; and WHEREAS, Indian River County Ordinances No. 87-13, "Public Nuisances," defines as a public nuisance weeds in excess of 18 Inches in height on a lot contiguous to a residential structure within a platted residential subdivision where the platted lots are at minimum of 50% developed; and 0 11 WHEREAS, the Board of County Commissioners of Indian River 0) County has determined that the landowners are responsible for 10 property; and abating public nuisance existing on their pr 4J WHEREAS, a Notice of Public Nuisance calling for the abate- ment of the described nuisance was sent .rq to the owners by certified mail, and notice was posted on the subject property for 30 days, in accordance with Section 13-23, "serving of notice," of the 0 County Public Nuisance Ordinance, and WHEREAS, the landowners of the subject property failed to 4J a abate the described wood, trash and debris nuisance within 30 days of the posted and mailed notice; and WHEREAS, Section 13-19(b) of the County Public Nuisance Ordinance (No. 87-33) authorized County personnel to abate a public nuisance if the nuisance is not abated by the landowner within 30 days or notice; and WHEREAS, as of November 08, 1989, County Road and Bridge Division abated the beroin described weed, trash and debris nuisance, In accordance with Section 13-19(b), of the County Public Nuisance Ordinance; and WHEREAS, Section 13-21(a) of the County Public Nuisance Ordinances provides that, after abatement of a nuisance by the County, the cost thereof shall be calculated and reported to the Board of County Commissioners; thereupon, the Board, by resolu- tion, shall assess such costs against the subject property, such costs to Include tin administrative fee of seventy -flue dollars ($75.00) per lot; and WHEREAS, the total cost of equipment use, labor, and adminis- trativo fee for County abatement of the herein described nuisance is determined to be nine thousand eight hundred seventy three dollars and six cents ($9,873.06); and WHEREAS, Section 13-21(c) of the County Public Nuisance Ordinance provides that the assessment shall be due and payable thirty (30) days after the mailing of a notice of assessment, whereby if the owner fails pay assessed cost within the thirty (30 days, a certified copy of the assessment shall be recorded in the official record books of the County, constituting a lien against the property, subject to twelve (12) per annum Interest; O.R. 85? po 1121