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HomeMy WebLinkAbout1989-051A RESOLUTION OF 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 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 excess Of 18 inches in height on a lot contiguous to a residential structure within a platted residential subdivision 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 nuisance 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, as of April 21, 1989, County & Bridge Division 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 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 three hundred twenty-five dollars ($325.00); 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; 3) The $325.00 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 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 i Eggert seconded by Commissioner Scurlock and adopted on the 23rd day of May 1989, by the following vote: Commissioner Gary C. Wheeler Aye Commissioner Carolyn Eggert dye Commissioner Margaret Bowman ye Commissioner Richard Bird AbsenF Commissioner Doug Scurlock, Jr. 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 ,Chairman ATTEST: ti CVlk �e. Approved as to form and egal St�f iency BY� ' Sharon Phillip Grennan Aest County Attorney 1 a RESOLUTION NO. 89"51 r i 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 ac- knowledgments, personally appeared Gary C. Wheeler, and Jeffrey K. Barton', well known to me to be the Chairman of the Board of County t - Commissioners and Clerk, respectively, of Indian River County, a political subdivision of the State of Florida, and they acknowl- edge executing the same. WITNESS my hand ando ficial seal i the County and State last aforesaid this day of , 1989. .... taryu lic'. - M - y Commission Expires: NOTARY PUBLIC STATE OF FLOAIDA y NY EMISSION EXP. JULY 8,1990 BONDED THNU GENERAL INS. UND.