HomeMy WebLinkAbout1992-064RESOLUTION NO. 92-64
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, ASSESSING COSTS OF COUNTY
PUBLIC NUISANCE ABATEMENT ON A PARCEL OF LAND DESCRIBED
AS FOLLOWS: .5 ACRE IN SW CORNER OF S 1/2 OF NW 1/4 OF SE
1/4 OF SW 1/4 OF SECTION 29, TOWNSHIP 31 S, RANGE 39 E AS
DESCRIBED IN BK 61, PG 181, LESS W 25 FT. FOR RD R/W,
O.R. BK 736, PAGE 3002; SUCH ASSESSMENT BEING A BINDING
OBLIGATION UPON THE PROPERTY UNTIL PAID.
WHEREAS, the Board of County Commissioners of Indian River
County has determined that the regulation of the accumulation of
weeds, junk, trash, debris, and other noxious substances or
materials is in the public interest and necessary for the health,
safety, and welfare of the citizens of Indian River County; and
WHEREAS, Chapter 973, "Public Nuisance," of the County Land
Development Code defines as a public nuisance noxious substances or
materials which might tend to be a fire hazard or other health
hazard, or which is considered to be obnoxious and a nuisance to
the general public; and
WHEREAS, the Board of County Commissioners of Indian River
County has determined that landowners are responsible for abating
public nuisances existing on their property; and
WHEREAS, Brenda Bright has been identified as the owner of the
subject property described herein; and
WHEREAS, a Notice of Public Nuisance calling for the abatement
of the described nuisance was sent to the owner by certified mail,
and notice was posted on the subject property for 30 days, in
accordance with Section 973.09 "Serving of Notice," of the County
Public Nuisance Ordinance, and Notice which was published in the
Vero Beach Press Journal on December 13, December 20, December 27,
1991 and January 3, 1992; and
WHEREAS, the landowner of the subject property failed to abate
the described nuisance within 30 days of the posted, mailed and
published notice; and
WHEREAS, Section 973.04(2) of the Public Nuisance Orc(inance
authorizes County personnel to abate a public nuisance If.,the
nuisance is not abated by the landowner within 30 days of notice;
and
WHEREAS, as of March 16, 1992, the County Road and Bridge
Division has abated the herein described public nuisance, in
accordance with Section 973.04(2), of the County Public Nuisance
Ordinance; and
WHEREAS, Section 973.06 of the County Public Nuisance
Ordinance 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 resolution,
shall assess such costs against the subject property, such costs to
include an administrative fee of seventy-five dollars ($75.00) per
lot; and
WHEREAS, the total cost of equipment use, labor, and
administrative fee for County abatement of the herein described
nuisance is determined to be $700.00; and
WHEREAS, Section 973.06 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 to pay assessed cost within the thirty
(30) days, a certified copy of the assessment shall be recorded in
F,
RESOLUTION NO. 92- 64
record books of the County, constituting a lien
property, subject to twelve (12) percent annum
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVE COUNTY, FLORIDA, that:
1) The foregoing recitals are adopted and ratified in their
entirety.
2) The costs of county abatement of the herein described
nuisance, totaling an amount of $700.00, is hereby
assessed against the parcel of land described as follows:
.5 acre in SW corner of S 1/2 of NW 1/4 of SE
1/4 of SW 1/4 of Section 29, Township 31S,
Range 39E, as described in Bk 61, Pg 181, less
W 25 ft. for Rd r/w, O.R. Bk 736, Page 3002.
whose last known owner is Brenda Bright, 195 Stuben Street Apt
2B, Staten Island, NY 10304.
3) The $700.00 assessment shall be due and payable to the
Board of County Commissioners thirty (30) days after the
mailing of a Notice of Assessment to the landowner, after
which, if unpaid, and if no hearing is requested, a
certified copy of the assessment shall be recorded in the
official record books of the described property, subject
to twelve (12) percent per annum interest.
THIS RESOLUTION was moved for adoption by Commissioner Scurinck ,
seconded by Commissioner Bird
and adopted on the
28 day of April , 1992, by the following vote:
Commissioner Carolyn K. Eggert Aye
Commissioner Margaret Bowman Ave
Commissioner Richard N. Bird Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Gary Wheeler Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 29 day of April , 1992.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
Carolyn f. Eggert Mairman
ATTEST;.„
ey K. Barton
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AFFIDAVIT
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER)
BEFORE ME, the undersigned authority, personally appeared
Betty Davis, Indian River County Code Enforcement Officer, after
being duly sworn, deposed and stated as follows:
That on December 10, 1991 I posted a notice of abatement on the
property owned by Brenda Bright, subject property being a parcel of
land Described as Follows: Parcel No.: 29-31-39-00000-5000-00132.0,
being .5 acres in SW cor of S 1/2 of NW 1/4 of SE 1/4 of SW 1/4 as
d bk 61, pp 181, less W 25 ft. for rd r/w or bk 736, page 3002,
located in Indian River County, Florida, as the property had dead
"Australian Pine" trees that were a hazard to surrounding single-
family residences, as described in Chapter 973.01 & 973.03, Public
Nuisance, of the Code of Laws and Ordinances of Indian River
County, Florida, whereas the owner was given thirty (30) days
notice to abate the nuisance.
On Dec 13, 20, 27, 1991 & January 3, 1992 a public notice was also
placed in the "Vero Beach Press Journal" newspaper.
On January 20, 1992 I personally visited the property, and observed
that the nuisance had not been abated within the prescribed thirty
(30) day time period.
FURTHER AFFIANT sayeth not.
Bett# Davis
Acknowledged, sworn to and subscribed before me on this day of
April, 1992.
N tary Public
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