HomeMy WebLinkAbout1987-134Resolution -Weed Nuis.
DIS:REMS/DEBLOIS/JEFF.
RESOLUTION NO. 87- 134
A RESOLUTION OF THE BOARD OF COUNTY COMMISSION-
ERS 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 residen-
tial structure and within a platted residential subdivision
where the platted lots are at a minimum of 508 developed; and
WHEREAS, weeds in excess of 18 inches in height
existed 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
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
September 11, 1987, abated the herein described weed nuisance;
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 resolution, 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 two hundred and eight dollars and
forty three cents ($208.43); and
RESOLUTION NO. 87_134
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 $208.43, is
hereby assessed against Lot 15, Block 9, Unit 1, of
Vero Shores Subdivision presently owned by John &
Sonia Kim, whose listed address is 1157 Ashley Drive,
Valley Stream, New York.
3) The $208.43 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
Rird , and adopted on the 3rd day of
Novem er , 1987, by the following vote:
Commissioner Don C. Scurlock, Jr. -Ae
Commissioner Margaret Bowman s- Reent
Commissioner Richard Bird Aye
Commissioner Carolyn Eggert Aye
Commissioner Gary Wheeler Aye
The Chairman t3hereupon declaked tge resolution duly passed
and adopted this r day of ovem er 1987.
BOARD OF COUNTY COMMISSIONERS OF
I14DIAN RIVER COUNTY, FLORIDA
Don C. Scurlock, Jr., irman
ATTEST:
.�-?/�e-e��... tel/ •
County Cr�k
•
RESOLUTION NO. 87 -134
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 Don C. Scurlock, Jr., and
Freda Wright well known to me to be the Chairman of the Board
of County Commissioners and Clerk, respectively, of Indian
River County, a political subdivision of the State of Florida,
and they acknowledged executing the same.
WITNESS my hand and official
last aforesaid this � day o
My Commission Expires:
APPROVED AS TO FORM
AND \LEGAL SUF • ICIENCY:
Sharon Brennan
Assistant County Attorney
APPROVED AS TO ADMINISTRATIVE
R
"r -yes P. Balczdn
County Administrator
APPROVED AS TO PLANNING
MATT:ERS
Robert M. Keat ng, CP
Community Developd4pfit Director
se in the County and State
f , _1987.
otar ubli
TAAY PUBLIC STATE OF FLORTBA
KY CONIIISSIOR EIC• JULY 8""'
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