HomeMy WebLinkAbout1989-15640
629197
RESOLUTION NO. 89-155-__-____
A
9 -156--------
A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, ASSESSING COSTS OF COUNTY WEED,
TRASH AND DEBRIS NUISANCE ABATEMENT ON LOT 1, BLOCK 10,
OF WHISPERING PALMS SUBDIVISION UNIT 4; SUCH ASSESSMENT
BEING A BINDING OBLIGATION UPON THE PROPERTY UNTIL PAID.
WHEREAS, the Board of County C011][Hissioners of Indian River
County has determined that the regulation of the accumulation of
woods, trash, debris, and garbage 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. 87-13, "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 minimum of 50% developed; and
0
11 WHEREAS, the Board of County Commissioners of Indian River
0) County has determined that the landowners are responsible for
10 property; and
abating public nuisance existing on their pr
4J WHEREAS, a Notice of Public Nuisance calling for the abate-
ment of the described nuisance was sent
.rq 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
0
County Public Nuisance Ordinance, and
WHEREAS, the landowners of the subject property failed to
4J a
abate the described wood, trash and debris 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) authorized County personnel to abate a
public nuisance if the nuisance is not abated by the landowner
within 30 days or notice; and
WHEREAS, as of November 08, 1989, County Road and Bridge
Division abated the beroin described weed, trash and debris
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 tin administrative fee of seventy -flue dollars
($75.00) per lot; and
WHEREAS, the total cost of equipment use, labor, and adminis-
trativo fee for County abatement of the herein described nuisance
is determined to be nine thousand eight hundred seventy three
dollars and six cents ($9,873.06); 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 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) per annum Interest;
O.R. 85? po 1121
RESOLUTION NO. 89-156
NOW THEREFORE, BE IT RESOLVED BY THE BOARD Or COUNTY CCAUIISSIONERS
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
trash, debris and weed nuisance, totaling an amount of
$9,873.06 is hereby assessed against Lot 1, Block 10
Whispering Palms Subdivision Unit No. 4, as recorded in
Plat Book 5, Page 11, Public Records of Indian River
County, Florida, presently owned by Malcolm S. Levy
(1/3)(ET AL 711/955), whose mailing address is 812 8th
Court, Palm Beach Gardens, Florida 33410.
3) The $9,873.06 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 landowner(s),
after which, if unpaid, a certified copy of the assess-
ment sliall be recorded in the official record books of
the described property, subject to twelve (12) percent
per annum.
THIS RESOLUTION was moved for adoption by Commissioner
Eggert���__�_____and seconded by Coaumlasioner
_ Scurlock ------------ and adopted on the 1901 day of
-December ----- ------ 1989, by the following vote:
Commissioner Gary Wheeler
Commissioner Margaret Bowman ____ Ade ------- —_ro__
Commissioner Richard Bird Ave
Comraissiener Carolyn Eggert Afire__-_
Commissioner Don C. Scurlock, Jr. ____ Awe ___________�
The Chairman thereupon declared the resolution duly passed
and adopted this _ 19th _ day of _ December , 1989.
BOARD OF COUNTY CONIMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
Cary- .-W1'ieeTcr, ClraTrFnKiii-
ATTEST:,
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o. R. 852 PC 1122