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RESOLUTION NO. 90-102
A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, ASSESSING COSTS OF COUNTY PUBLIC NUISANCE ABATEMENT ON
Vero Shores Subdivision Unit 1, Lot 15, Block 9, according to the plat
thereof as recorded in Plat Book 5, Page 52, of the Public Records of
Indian River County, Florida
SUCH ASSESSMENT BEING A BINDING OBLIGATION UPON THE PROPERTY UNTIL PAID.
93 WHEREAS, the Board of County Commissioners of Indian River County has
4) determined that the regulation of the accumulation of weeds, junk, trash,
and/or debris is in the public interest and necessary for the health, safety,
and welfare of the citizens of Indian River County; and
d
C] WHEREAS, Indian River County Ordinances No. 87-33, "Public Nuisances,"
defines as a public nuisance weeds in excess of 18 inches in height on a lot
contiguous to a residential structure within a platted residential subdivision
r4 where the platted lots are at a minimum of 50% developed; 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, a Notice of Public Nuisance calling for the abatement of the
described nuisance was sent to the owner(s) by certified mail, and notice was
posted on the subject property for 30 days, in accordance with Section 13-23,
"serving of notice," of the County Public Nuisance Ordinance, and
WHEREAS, the landowners of the subject property failed to abate the
described weed nuisance within 30 day of the posted and mailed notice; and
WHEREAS, Section 13-19(b) of the County Public Nuisance Ordinance (No.
87-33) 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 August 06, 1999, the County Road and Bridge Division
has abated the herein described weed 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 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
$99.30 , and
WHEREAS, Section 13-21(c) 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 the official record books of the County, constituting a
lien against the property, subject to twelve (12) percent per annum interest;
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 weed nuisance,
totaling an amount of $99.30 __, is hereby assessed against
3) The $ 99.30 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 landowners, after which, if unpaid, a certified copy
of. the asessment 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 Wheeler
seconded by Commissioner Scurlock and adopted on the 4—
day of September ,199Q by the following vote:
Commissioner Richard Bird Aye
Commissioner Margaret Bowman Aye
Commissioner Carolyn Eggert Aye _
Commissioner Don C. Scurlock, Jr. Aye_
Commissioner Gary Wheeler Ate_.
The Chairman thereupon declared the resolution duly passed and adopted this
4 day of September ,1990.
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