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HomeMy WebLinkAbout1988-01015.00 56,1,�._. Ree „.. :1 -Wood Nu:is, DIS: REMS/DIs'BLOIS/JEFF. RESOLUTION NO. 88 - 10 C1. 9�541664 MA RESOLUTION OF THE BOARD OF COUNTY COMMISSIEVERS OF INDIAN RIVER COUNTY, FLORIDA, ASSESSIitCOSTS OF COUNTY WEED NUISANCE ABATEMENT ON Lenr6, BLOCK 1, OF CLEARVIEW TERRACE SUBDIVISIO1SUCH ASSESSMENT BEING A BINDING OBLIGATIZI 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 50% developed; and WHEREAS, weeds in excess of 18 inches in height -H- existed on property owned by Federal National Mortgage Association, such property having a legal description as follows: Clearview Terrace Subdivision, PBI 9-56, Lot 6, Block 1; and WHEREAS, the Board of County Commissioners of Indian s River County has determined that landowners are responsible for d abating. public nuisances existing on their property; and 0 WHEREAS, a Notice of Public Nuisance calling for the N 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 U 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 December 28, 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 two dollars and Thirty two cents ($202.32); and 0. R. 0791 PG 2399 RESOLUTION NO. 88 - 10 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 $202.32, 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 $202.32 assessment shall be due and payable to the Board of County Coirmissioners 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 I seconded by Commissioner Wheeler , and adopted on the 9th day of February 1988, by the following vote: Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret Bowman Aye Commissioner Richard Bird Aye Commissioner Carolyn Eggert Aye Commissioner Gary Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 9th day of February , 1988. ATTEST: County Clex 6/ BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Don curl cc, Jr., irman 0. R. 0791 PG 2400 RESOLUTION NO. 88 - 10 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 arLad official ea n the County and State last aforesaid this day of �1988.; . atlGO of Publ c s My Commission Expires: APPROVED AS TO FORM AND SUFFIC N�EGCY: Sharon Brennan Assistant County Attorney AP ROVED AS TO ADMINISTRATIVE MA RS: L1 44 t r s P. Bdlc7jn County Adminis rator APPROVED AS TO PLANNING MATTERS: ff�� gt//ltst,YZ" Robert Robert M. Keati'hg, CP Community Development Director 1BTAk9 PUBLIC STATE OF FLORTDA NY CONNISSION EXP. JULY 0,1990 BONDED THRU GENERAL INS. UNO. W, C:7 � t.l: �:. �_• p 111 0. R. 0791 PG 2401