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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, ASSESSING COSTS OF COUNTY
WEED NUISANCE ABATEMENT ON LOT 15, BLOCK 9, OF VERO
SHORES SUBDIVISION UNIT 1; SUCH ASSESSMENT BEING A
BINDING OBLIGATION UPON THE PROPERTY UNTIL PAID.
WHEREAS, the Board of County Commissioners of Indian
County has determined that the regulation of the accumu-
of weeds is in the public interest and necessary for the
safety and welfare of the citizens of Indian River County;
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 and within a platted residential subdivision where the
platted lots are at a minimum of 50% developed; and
.r +i
WHEREAS, weeds in excess of 18 inches in height existed
ra o on property owned by John and Sonia Kim, such property having a
legal description as follows: Vero Shores Subdivision, Unit 1, PBI
5-52, Lot 15, Block 9; and
A 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
abatement of the described nuisance was sent to the owners) 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 days 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, the County Administrator directed the County
Road & Bridge Division to abate the nuisance, and as of August 17,
1988, County Road & Bridge Division abated the herein described
weed nuisance; 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 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 one hundred and fifty-five dollars,
($155.00); 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 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
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RESOLUTION NO. 89-6 S�
Department ACq
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, ASSESSING COSTS OF COUNTY
WEED NUISANCE ABATEMENT ON LOT 15, BLOCK 9, OF VERO
SHORES SUBDIVISION UNIT 1; SUCH ASSESSMENT BEING A
BINDING OBLIGATION UPON THE PROPERTY UNTIL PAID.
WHEREAS, the Board of County Commissioners of Indian
County has determined that the regulation of the accumu-
of weeds is in the public interest and necessary for the
safety and welfare of the citizens of Indian River County;
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 and within a platted residential subdivision where the
platted lots are at a minimum of 50% developed; and
.r +i
WHEREAS, weeds in excess of 18 inches in height existed
ra o on property owned by John and Sonia Kim, such property having a
legal description as follows: Vero Shores Subdivision, Unit 1, PBI
5-52, Lot 15, Block 9; and
A 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
abatement of the described nuisance was sent to the owners) 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 days 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, the County Administrator directed the County
Road & Bridge Division to abate the nuisance, and as of August 17,
1988, County Road & Bridge Division abated the herein described
weed nuisance; 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 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 one hundred and fifty-five dollars,
($155.00); 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 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
THIS RESOLUTION was moved for adoption by Commissioner
Scurlock , seconded by Commissioner Eggert ,
and adopted on the 10th day of January ,1989, by the
following vote:
Commissioner
Don C. Scurlock, Jr.
Aye
Commissioner
Gary Wheeler
Aye
Commissioner
RESOLUTION NO. 89-6
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSION-
ERS OF
INDIAN RIVER COUNTY, FLORIDA, that:
1)
The foregoing recitals are adopted and ratified in their
Carolyn Eggert
entirety.
2)
The costs of county abatement of the herein described
weed nuisance, totaling an amount of $155.00 is hereby
assessed against Lot 15, Block 9, Unit 1, of Vero Shores
Subdivision presently owned by John & Sonia Kim, whose
listed address is 37-76 62nd Property Management Compa-
ATTF,S
ny, 1951 Cedar Swamp Road, Brooksville, New York 11545
3)
The $155.00 assessment shall be due and payable to the
..e'
Board of county Commissioners thirty (30) days after the
mailing of a notice of assessment to the landowners,
after which, if unpaid, a certified copy of the assess-
ment shall be recorded in the official record books of
the described property, subject to twelve (12) percent
per annum interest.
THIS RESOLUTION was moved for adoption by Commissioner
Scurlock , seconded by Commissioner Eggert ,
and adopted on the 10th day of January ,1989, by the
following vote:
Commissioner
Don C. Scurlock, Jr.
Aye
Commissioner
Gary Wheeler
Aye
Commissioner
Margaret Bowman
Aye
Commissioner
Richard Bird
Aye
Commissioner
Carolyn Eggert
Aye
The Chairman thereupon declared the resolution duly passed
and adopted this 10th day of January , 1989.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
-cts%J ;y
Gary C. ieeler, Chairman
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Approved as to form
andegal. S f lency
Ry `W_
Sharon Phllllp$ Brennan
Asst County Attorney
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knowledgements, personally appeared CrAxyC-'A)Hg6-Le'
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County Commissioners and Clerk,
the Chairman of the Board of
respectively, of Indian River
County, a Political subdivision of
acknowledge
the State of Florida,
and they
executing the same.
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