HomeMy WebLinkAbout2015-029RESOLUTION NO. 2015-029
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
PROVIDING FOR THE DEMOLITION OF UNSAFE
STRUCTURES AND THE RECOVERY OF COSTS.
WHEREAS, Indian River County has adopted the Property Maintenance Code at
Chapter 403, Indian River County Code; and
WHEREAS, Section 403.08 of the Property Maintenance Code provides for the
recovery of the costs of repairs to and/or demolitions of unsafe structures; and
WHEREAS, Section 100.080 of the Indian River County Code provides that the
Board of County Commissioners may cause, by resolution, a lien to be filed in the Official
Record Books of the County against properties on which the county has incurred
demolition costs; and
WHEREAS, notice of intent to adopt a lien resolution has been given to the owner;
and
WHEREAS, it is the desire of the Board to first allow the owner of this property
sufficient time to either repair the building or demolish the building on their own,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, the owner of the property
is hereby given ninety (90) days in which to pull all necessary permits to repair the
structures on the property and six (6) months thereafter to complete all repairs and pass
all required County Building Division inspections or demolish the structures. Upon
successful completion of all required inspections, this Resolution shall become null and
void and Notice of Building Official recorded at OR Book 2803, Page 107 of the Public
Records of Indian River County, Florida shall be rescinded.
BE IT FURTHER RESOLVED, in the event the owner of the property fails to pull
all necessary permits to repair the structure on the property and to complete all repairs
and pass all required County Building Division inspections within six (6) months
thereafter, or demolish the structures, the County shall proceed with demolition of the
structures and lien perfection process as stated below.
AND BE IT FURTHER RESOLVED that the unsafe structures on the property
described on the attached Condemnation List be demolished; and that any costs incurred
by County government as a result of such demolition undertaken at the direction of the
Board of County Commissioners shall be recovered from the property upon which each
unsafe structure is located, as identified in the attached Condemnation List. The costs of
such demolition shall be reported to the Building Director who shall notify the County
Attorney's Office to prepare lien(s) for the recovery of those costs, to be recorded
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RESOLUTION NO. 2015-029
against the real property as listed in the attached Condemnation List, any such liens
bearing interest at the rate established by the Board of County Commissioners for the
calendar year in which the lien is recorded, such interest to commence accruing from the
date the lien is recorded in the Public Records of Indian River County, Florida, until such
time as the lien, including interest, is paid.
The foregoing resolution was offered by Commissioner Solari, and seconded by
Commissioner Davis and, upon being put to a vote, the vote was as follows:
Wesley S. Davis, Chairman
Aye
Bob Solari, Vice Chairman
Aye
Joseph E. Flescher, Commissioner
Aye
Peter D. O'Bryan, Commissioner
Aye
Tim Zorc, Commissioner
Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 17th day of February, 2015.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
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ATTEST: Jeffrey R. Smith, Clerk
of Court and Comptroller
By
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Deputy Clerk
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
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By
illiam K. DeBraal
Deputy County Attorney
CONDEMNATION LIST:
I . Owner: Titone Properties LLC
Pro e 1 165 64) Avenue
Tax I D#: 33-39-12-00016-0000-00009.0
Legal Desc.: Lot 9, Donamerle, according to the Plat thereof, as
recorded in Plat Book 3, at Page 40, of the Public
Records of Indian River County, Florida.
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