HomeMy WebLinkAbout1989-050Resolution -Weed Nuis.
DIS:REMS/DEBLOIS/JEFF.
RECORD VERIFIED
RESOLUTION NO. 89 - 50 JEFFREY K. BARTON
CLERK CIRCUIT COURT
INDIAN RIVF9 CO., FLA
A RESOLUTION OF THE BOARD OF COUNTY COMMISSION-
ERS OF INDIAN RIVER COUNTY, FLORIDA, ASSESSING
COSTS OF COUNTY WEED NUISANCE ABATEMENT ON LOT
6, BLOCK 1, OF CLEARVIEW TERRACE SUBDIVISION;
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 accumu-
lation of weeds 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 Nuisances," defines as a public nuisance weeds in to
excess of 18 inches in height on a lot contiguous to a residen- o
tial structure and within a platted residential subdivision z.
where the platted lots are at a minimum of 50% developed; and
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WHEREAS, weeds in excess of 18 inches in height
existed on property owned by Federal National Mortgage E?
Association, such property having a legal description as N)
follows: Clearview Terrace Subdivision, PBI 4-56, Lot 6, Block 1O
1; 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 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 Road & Bridge Division has, as of
April 20, 1989, abated the herein described weed nuisance; and �.
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WHEREAS, Section 13-21(a) of the County Public __J
Nuisance Ordinance provides that, after abatement of a nuisance W
by the County, the cost thereof shall be calculated and G��
reported to the Board of County Commissioners; thereupon, the IV
Board, by resolution, shall assess such costs against the 10
subject property, such costs to include an administrative fee _J
of seventy five dollars ($75.00) per lot; and W
WHEREAS, the total cost of equipment use, labor, and
administrative fee for County abatement of the herein described
nuisance is determined to be five hundred and twenty one
dollars ($521.00); 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 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 $521.00, is
hereby assessed against Lot 6, Block 1, of Clearview
Terrace Subdivision presently owned by Federal
National Mortgage Association, whose listed address
is c/o Lazen, Trute, Robbins and Howard, 1090 Kane
Concourse, Bay Harbor Islands, Florida.
3) The $521.00 assessment shall be due and payable to
the Board of County Commissioners thirty (30) days
after the mailing of a notice of assessment, to the
landowners, after which, if unpaid, a certified copy
of the assessment shall be recorded in the official
record books of the County, constituting a lien
against the described property, subject to twelve
(12) percent per annum interest.
THIS RESOLUTION was moved for adoption by
Commissioner Eggert , seconded by Commissioner
Scurlock and adopted on the 23rd day of
May , 1989, by the following vote:
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Margaret Bowman Aye _
Commissioner Richard Bird Ahsen
Commissioner Carolyn Eggert Aye
Commissioner Gary Wheeler -Aye
The Chairman thereupon declared the resolution duly passed
and adopted this 23rd day of May , 1989.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
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GaryW eler, Chairman co
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RESOLUTION NO. 89-50
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER )
I HEREBY CERTIFY, that on this day, before me, an officer
duly authorized in the State and County aforesaid, to take
acknowledgements, personally appeared Gary C. Wheeler, and
Jeffrey Barton well known to me to be the Chairman of the AO
Of County Commissioners and Clerk, respectively, ofard
In'ian
River County, a political subdivision of the State Of Plori a,
and they acknowledged executing the same.
WITNESS my hand andfficial seal in the Count +yt
last aforesaid this 2 2A�day of Y X!d�ti$t2tit
Via.
MY—Commission Expires:
NOTARY Pwre STATE By FLORIN
NY CONNISSION EXP. JULY 8,1990
BONGED 1NRU GENERAL INS. UNG.
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