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MOTION WAS AMENDED by Commissioner Macht,
<br />SECONDED BY Commissioner Ginn to include the words "since
<br />he was out of the country" in the resolution.
<br />Commissioner Tippin observed that the fee was very low for cutting down trees and he
<br />suggested that an increase in these fees be considered in the future and consideration given to
<br />recapturing some of the "boiler plate" costs.
<br />THE CHAIRMAN CALLED THE QUESTION and the amended
<br />motion was carried unanimously.
<br />RESOLUTION NO. 97-65
<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 13, BLOCK A, OSLO PARK SUBDIVISION NO. 5, AS RECORDED IN PLAT
<br />BOOK 4, PAGE 26, 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 dead trees posing a health or safety hazard is in the
<br />public interest and necessary for the health, safety and welfare of the citizens of
<br />Indian River county; and
<br />WHEREAS, The Code of Indian River County, Section 973.03, declares dead trees
<br />posing a health or safety hazard as a public nuisance; and
<br />WHEREAS, the Board of County Commissioners of Indian River County has
<br />determined that landowners are responsible for abating public nuisances existing on
<br />their property; and
<br />WHEREAS, several dead pine trees posing a safety hazard to an adjacent
<br />residence existed on property having a legal description as follows: Lot 13, Block
<br />A, Oslo Park Subdivision No. 5, according to the plat thereof as recorded in Plat
<br />Book 4, Page 26, of the Public Records of Indian River County, Florida, and owned
<br />by Giovanni Pacifico, whose mailing address is Perianas El Auvila Ca, Apartado
<br />DeCorreos No. 76108, Caracas 107, Venezuela; and
<br />WHEREAS, a Notice of Public Nuisance calling for the abatement of the
<br />described nuisance was mailed to the Respondent and the property was posted on April
<br />25, 1997, in accordance with Chapter 973.09 "Serving of Notice," of the County
<br />Public Nuisance Ordinance; and
<br />WHEREAS, the landowner of the subject property failed to abate the described
<br />nuisance within 30 days of the posted Notice, since he was out of the country; and
<br />WHEREAS, Chapter 973.04(2) of the County Public Nuisance Ordinance authorizes
<br />County staff to abate a public nuisance if the nuisance is not abated by the
<br />landowner within 30 days notice; and
<br />WHEREAS, the County Road and Bridge Division, on June 17, 1997, abated the
<br />herein described dead trees hazard; and
<br />WHEREAS, Chapter 973.06 of the County Public Nuisance ordinance provides that,
<br />after abatement of a nuisance by the County, the cost thereof shall be calculated
<br />and reported to the Board of County Commissioners; thereupon, the Board, by
<br />resolution, shall assess such costs against the subject property, such cost to
<br />include an administrative fee of seventy-five dollars ($75.00) per lot; and
<br />WHEREAS, the total cost of equipment use, labor, landfill charges and
<br />administrative fees for County abatement of the herein described nuisance is
<br />determined to be One Hundred Five Dollars and Fifty One Cents ($105.51); and
<br />2%
<br />JULY 8, 1997
<br />BOOK -1-02 PAGE
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