HomeMy WebLinkAbout1990-051RECORD VERIFIED
JEFFREY K. BARTON
CLERK COURT
RESOLUTION NO. 90-51 INDIAN ROVERICO FLA
AN AMENDED RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS 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;
AS RECORDED AT PLAT BOOK 5 PAGE 11, PUBL I C RECORDS OR
INDIAN RIVER COUNTY 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, 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
o WHEREAS, Indian River County Ordinance 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
A within a platted residential subdivision where the platted lots
are at minimum of 50% developed; and
WHEREAS, the Board of County Commissioners of Indian River
County has determined that the landowners are responsible for
abating public nuisance existing on their property; and
o�� WHEREAS, a Notice of Public Nuisance calling for the abate-
ment of the described nuisance was sent by certified mail to the
4J owner(s) at the address indicated on County property appraiser
records, and notice was posted on the subject property for 30
days, in accordance with Section 13-23," serving of notice," of
y the County Public Nuisance Ordinance, and
P4
WHEREAS, the landowners of the subject property failed to
abate the described weed, trash and debris nuisance within 30 days
of the posted and mail 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 of notice; and
WHEREAS, as of November 08, 1989, County Road and Bridge
Division abated the herein 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 and administrative fee of seventy-five dollars
($75.00) per lot; and
WHEREAS, the total cost of equipment use, labor, and adminis-
trative fee for County abatement of the herein described nuisance
as determined to be nine thousand eight hundred seventy three
dollars and six cents ($9,873.06) and
WHEREAS, Malcolm S. Levy, part owner of the property, ap-
pealed the Board of County Commissioners assessment of nine
thousand eight hundred seventy three dollars and six cents
($9,873.06); and
WHEREAS, County staff conducted a survey of the property and
found that a portion of Lot 14, Block 10, Whispering Palms Subdi-
vision Unit 4, has been cleared along with Lot 1, Block 10,
Whispering Palms Subdivision Unit 4; and
RESOLUTION NO. 90-51
WHEREAS, County staff recommended to the Board of County
Commissioners that three quarter (3/4) of the original assessment
was attributable to the owners of Lot 1, Block 10, Whispering
Palms Subdivision Unit 4; and
WHEREAS, the adjusted assessment costs of equipment, labor,
solid waste fees, and administrative fee for County abatement of
the herein described nuisance is determined to be seven thousand
three hundred four dollars and seventy nine cents ($7,304.79);
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, that:
1) The foregoing recitals are adopted and ratified in their
entirety.
2) The costs of county abatement of the herein described
trash, debris and weed nuisance, totaling an amount of
$7,304.79 is hereby assessed against Lot 1, Block 10,
Whispering Palms Subdivision Unit No. 4, as recorded in
Plat Book 5, Page 11, Public Records of Indian River
County, Florida, presently owned by Malcolm S. Levy
(1/3)(ET AL 711/955), whose mailing address is 1601
Marina Isle Way #302, Jupiter, Florida 33477.
3) The $7,304.79 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(s),
after which, if unpaid, a certified copy of the assess-
ment shall be recorded in the official record books of
the described property, subject to twelve (12) percent
per annum.
4) Indian River County Resolution No. 89-156 recorded
against the subject property on December 19th, 1989, is
hereby rescinded and replaced by this Amended Resolution
90 - 51
THIS RESOLUTION was moved for adoption by Commissioner
_ Wheeler --------, and seconded by Commissioner
_Bowmanand adopted on the 2_4th_ day of
`April--- ----------, 1990, by the following vote:
Commissioner Carolyn Eggert
Commissioner Richard Bird
Commissioner Gary Wheeler
Commissioner Margaret Bowman
-------- Ayg� -------------
------- Aye
----- Aye-------------
-------Aye
-------Aye-------------
Commissioner Don C. Scurlock, Jr.
The Chairman thereupon declared the resolution duly passed
and adopted this __24th- day of April 1990.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
Carolyn gest, Cha n
ATTEST:
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109
I HEREBY CERTIFY, that on this day, before me, an officer
duly authorized in the State and County aforesaid, to take
acknowledgements, personally appeared Carolyn Eggert, and
Jeffery K. Barton, well known to me to be the Chairman of the
Board of County Commissioners and Clerk, respectively, of
Indian River County, a political subdivision of the State of
Florida, and they acknowledge executing the same.
WITNESS my hand and official seal in thje County and State
last aforesaid this —4'A day of _ 1990.
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