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ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn,
<br />the Board unanimously (4-0, Commissioner Macht being absent) adopted
<br />Resolution No. 97-033 assessing costs of County public nuisance abatement on
<br />Lot 7, Block 1, LONE PALM PARK SUBDIVISION, as recommended by
<br />staff.
<br />RESOLUTION NO. 9 7 - 3 3
<br />A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
<br />COUNTY, FLORIDA, ASSESSING COSTS OF COUNTY PUBLIC NUISANCE ABATEMENT
<br />ON LOT 7, BLOCK 1, LONE PALM PARR SUBDIVISION, AS RECORDED IN PLAT
<br />BOOK 1, PAGE 61, SUCH ASSESSMENT BEING A BINDING OBLIGATION UPON THE
<br />PROPERTY UNTIL PAID.
<br />WHEREAS, the Board of County Commissioners of Indian River County has
<br />determined that regulation of the accumulation of overgrown weeds, garbage, junk,
<br />trash, and debris on residential property is in the public interest and necessary
<br />for the health, safety and welfare of the citizens of Indian River County; and
<br />WHEREAS, The Code of Indian River County, Section 973.03, declares as a
<br />public nuisance overgrown weeds (in excess of 18 inches in height) and the
<br />accumulation of garbage, trash, junk, and debris; and
<br />WHEREAS, the Board of County Commissioners of Indian River County has
<br />determined that landowners are responsible for abating public nuisances existing
<br />on their property; and
<br />WHEREAS, an accumulation of overgrown weeds in excess of 18 inches in
<br />height and trash and debris existed on property owned by James A. McCasland,
<br />whose last known mailing address is 2266 13th Place, Vero Beach, Florida 32960,
<br />such property having a legal description as follows: Lot 7, Block 1, Lone Palm
<br />Park Subdivision, according to the plat thereof as recorded in Plat Book 1, Page
<br />61, of the Public Records of Indian River County, Florida; and
<br />WHEREAS, a Notice of Public Nuisance calling for the abatement of the
<br />described nuisance was sent certified mail to the Respondent's last known address
<br />and the property was posted on January 15, 1997, in accordance with Chapter
<br />973.09 "Serving of Notice," of the County Public Nuisance Ordinance; and
<br />WHEREAS, the landowner of the subject property failed to abate the
<br />described nuisance within 30 days of the posted Notice; and
<br />WHEREAS, Chapter 973.04(2) of the County Public Nuisance Ordinance
<br />authorizes County staff to abate a public nuisance if the nuisance is not abated
<br />by the landowner -within 30 days notice; and
<br />WHEREAS, the County Road and Bridge Division, on March 19, 1997, abated the
<br />herein described overgrown weeds and accumulation of trash and debris; and
<br />WHEREAS, Chapter 973.06 of the County Public Nuisance Ordinance provides
<br />that, after abatement of a nuisance by the County, the cost thereof shall be
<br />calculated and reported to the Board of County Commissioners; thereupon, the
<br />Board, by resolution, shall assess such costs against the subject property, such
<br />cost to include an administrative fee of seventy-five dollars ($75.00) per lot;
<br />and
<br />WHEREAS, the total cost of equipment use, labor, landfill charges and
<br />administrative fee for County abatement of the herein described nuisance is
<br />determined to be Five Hundred Sixty Four Dollars and Ten Cents ($564.10); and
<br />WHEREAS, Chapter 973.06 of the County Public Nuisance Ordinance provides
<br />that the assessment shall be due and payable thirty (30) days after the mailing
<br />of a notice of assessment, whereby if the owner fails to pay assessed costs
<br />within the thirty ( 30 ) days, a certified copy of the assessment shall be recorded
<br />in the official record books of the county, constituting a lien against the
<br />property, subject to twelve (12) percent per annum interest;
<br />43
<br />April 22, 1997
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