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HomeMy WebLinkAbout1989-005JANQq Community I Depaam+� Wt A -RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ASSESSING COSTS OF COUNTY ABATEMENT BY MOWING WEEDS AND GRASSES, AND REMOVING TRASH AND DEBRIS FROM THE RESUB OF LOTS 4, 5, & 6, YORKSHIRE SUBDIVISION, PLAT BOOK 8, PAGE 77, PARCEL 16, 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 garbage, junk, trash, and debris is in the public interest and necessary for the health, safety and welfare of the citizens of Indian River County; and WHEREAS, Indian River County Ordinances No. 87-33, "Public Nuisance," defines as a public nuisance, weeds and grasses in o excess of eighteen (18) inches in height, and the accumulation of trash an debris; and to - WHEREAS, the presence of weeds and grasses in excess of eighteen inches in height, and an accumulation of trash and debris existed on property owned by the Estate of Nelda Pinto, Deceased, such property having a legal description as follows: Resub of Lots 4, 5, & 6, Yorkshire Subdivision, Parcel 16, according to the plat 1 thereof as recorded in Plat Book 8, Page 77, of the Public Records U of Indian River County, Florida; and WHEREAS, the Board of County Commissioners of Indian River County has determined that landowners are responsible for abating public nuisance existing on their property; and WHEREAS, a Notice of Public Nuisance calling for the abate- ment 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 or the subject property failed to abate the described nuisance within 30 days of the posted and advertised newspaper notices that were printed on two (2) consecutive weeks, and WHEREAS, Section 13-19(b) of the County Public Nuisance Ordinance (No. 87-33) authorizes the County Administrator to direct County personnel to abate a public nuisance if the nuisance is not abated by the landowner within 30 days notice; and WHEREAS, the County Administrator has authorized County personnel to abate the described nuisance; and WHEREAS, the County Road and Bridge Division has, as of December 05, 1988, abated the herein described high grass and weeds, andaccumulation of trash and debris; 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 resolu- tion, 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 adminis- trative fee for County abatement of the herein described nuisance is determined to be one thousand one hundred sixty-nine dollars and ninety-seven cents ($1,169.97); and Y z � 'R_ - k 583502 0 RESOLUTION NO. 89-5 JANQq Community I Depaam+� Wt A -RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ASSESSING COSTS OF COUNTY ABATEMENT BY MOWING WEEDS AND GRASSES, AND REMOVING TRASH AND DEBRIS FROM THE RESUB OF LOTS 4, 5, & 6, YORKSHIRE SUBDIVISION, PLAT BOOK 8, PAGE 77, PARCEL 16, 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 garbage, junk, trash, and debris is in the public interest and necessary for the health, safety and welfare of the citizens of Indian River County; and WHEREAS, Indian River County Ordinances No. 87-33, "Public Nuisance," defines as a public nuisance, weeds and grasses in o excess of eighteen (18) inches in height, and the accumulation of trash an debris; and to - WHEREAS, the presence of weeds and grasses in excess of eighteen inches in height, and an accumulation of trash and debris existed on property owned by the Estate of Nelda Pinto, Deceased, such property having a legal description as follows: Resub of Lots 4, 5, & 6, Yorkshire Subdivision, Parcel 16, according to the plat 1 thereof as recorded in Plat Book 8, Page 77, of the Public Records U of Indian River County, Florida; and WHEREAS, the Board of County Commissioners of Indian River County has determined that landowners are responsible for abating public nuisance existing on their property; and WHEREAS, a Notice of Public Nuisance calling for the abate- ment 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 or the subject property failed to abate the described nuisance within 30 days of the posted and advertised newspaper notices that were printed on two (2) consecutive weeks, and WHEREAS, Section 13-19(b) of the County Public Nuisance Ordinance (No. 87-33) authorizes the County Administrator to direct County personnel to abate a public nuisance if the nuisance is not abated by the landowner within 30 days notice; and WHEREAS, the County Administrator has authorized County personnel to abate the described nuisance; and WHEREAS, the County Road and Bridge Division has, as of December 05, 1988, abated the herein described high grass and weeds, andaccumulation of trash and debris; 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 resolu- tion, 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 adminis- trative fee for County abatement of the herein described nuisance is determined to be one thousand one hundred sixty-nine dollars and ninety-seven cents ($1,169.97); and u77 �n $ l RESOLUTION NO. 89-5 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 costs 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 accumu- lation of trash and debris, and the mowing of weeds and grasses in excess of eighteen (18) inches in height, totaling an amount of $1,169.97, is hereby assessed against Parcel 16, a Resub of Lots 4, 5, & 6, Yorkshire Subdivision, presently owned by the Estate of Nelda Pinto, Deceased, whose last address was 920 20th Avenue, Vero Beach, Florida 32960. 3) The $1,169.97 assessment shall be due and payable to the Board of County Commissioners thirty (3)) days after the advertising in the Vero Beach Press -Journal a notice to all interested parties for a period of two (2) consecutive weeks, after which, if unpaid, a certified copy of the assessment shall be recorded in the Official Record Books of the County, constituting alien against the described property, subject to twelve (12) percent per annum interest. THIS RESOLUTION was moved for adoption by Commissioner Eggert , seconded by Commissioner Scurlock , and adopted on the 10th day or January , 1989, by the following vote: Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary Wheeler ye Commissioner Margaret Bowman Aye Commissioner Richard Bird Aye Commissioner Carolyn Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 10th day of January , 1989 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ryf ary Le Wheeler Chairman ATTEST .rr G!f approved as to form a al S 1ciency 4 9 and Sharon Phillips Brennan j►tlorn�y Mat COUMV g�qLn (n a". C%i -JA c.;. i