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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""' 80400 IBRU GENERAL INS. bYO.