HomeMy WebLinkAbout1997-033 •
RESOLUTION NO. 97-33
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS f�-? INDIAN RIVER
• COUNTY, FLORIDA, ASSESSING OUSTS OF COUNTY PUBLIC NUISANCE ABATEMENT
ON LOT 7, BLOCK 1, LONE PALM PARR SUBDIVISION, AS RECORDED IN PLAT
BOOK 1, PAGE 61, SUCH ASSESSMENT BEING A BINDING OBLIGATION UPON THE
PROPERTY UNTIL PAID.
WHEREAS, the Board of County Commissioners of Indian River County has
determined that regulation of the accumulation of overgrown weeds, garbage, junk,
trash, and debris on residential property is in the public interest and necessary
• for the health, safety and welfare of the citizens of Indian River County; and
WHEREAS, The Code of Indian River County, Section 973.03, declares as a
public nuisance overgrown weeds (in excess of 18 inches in height) and the
accumulation of garbage, trash, junk, and debris; 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, an accumulation of overgrown weeds in excess of 18 inches in
height and trash and debris existed on property owned by James A. McCasland,
whose last known mailing address is 2266 13th Place, Vero Beach, Florida 32960,
such property having a legal description as follows: Lot 7, Block 1, Lone Palm
Park Subdivision, according to the plat thereof as recorded in Plat Book 1, Page
61, of the Public Records of Indian River County, Florida; and
WHEREAS, a Notice of Public Nuisance calling for the abatement of the
described nuisance was sent certified mail to the Respondent's last known address
and the property was posted on January 15, 1997, in accordance with Chapter
973.09 "Serving of Notice," of the County Public Nuisance Ordinance; and
WHEREAS, the landowner of the subject property failed to abate the
described nuisance within 30 days of the posted Notice; and
WHEREAS, Chapter 973.04(2) of the County Public Nuisance Ordinance
authorizes County staff to abate a public nuisance if the nuisance is not abated
by the landowner within 30 days notice; and
WHEREAS, the County Road and Bridge Division, on March 19, 1997, abated the
herein described overgrown weeds and accumulation of trash and debris; and
WHEREAS, Chapter 973.06 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
cost to include an administrative fee of seventy-five dollars ($75.00) per lot;
and
WHEREAS, the total cost of equipment use, labor, landfill charges and
administrative fee for County abatement of the herein described nuisance is
determined to be Five Hundred Sixty Four Dollars and Ten Cents ($564.10); and
WHEREAS, Chapter 973.06 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 cost of county abatement of the herein described accumulation of
overgrown weeds, trash and debris nuisance, totaling an amount of $564.10,
is hereby assessed against Lot 7, Block 1, Lone Palm Park Subdivision,
presently owned by James A. McCaBland, whose last known mailing address is
2666 13th Place, Vero Beach, Florida 32960.
3) The $564.10 assessment shall be due and payable to the Board of County
Commissioners thirty (30) days after legal service of a notice of
assessment to the landowner, 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.
V
RESOLUTION NO. 97-33
THIS RESOLUTION was movefor adoption by Commissioner Adams
AbrsWonded by Commissioner Ginn and adopted on the 22 'lay of
by the following vote:
Commissioner Carolyn K. Eggert Avp
Commissioner John W. Tippin AVe
Commissioner Kenneth R. Macht ADSent
Commissioner Fran B. Adams A—ve—
Commissioner Caroline D. Ginn
The Chair an thereupon declared the resolution duly passed and adopted this
22day of April 1997.
BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FID Ph
Caro ynI Eggert
Chairma
Tst;' APPROVCD AS TO FORM
AND L-GA U FI NCY
Deputy:'.Clark
BY TERRENCE P. O'BRIEN
STATE OF FLORIDA ASST. COUNTY ATTORNEY
COUNTY OF INDIAN RIVER
ay
for going instrument was acknowledged
as me this o�t B ar dof
of 1997, by CAROLYN K. E y M x=oW
county c as oners of Indian River County, Florida, and b ATT IA i�I
Deputy Clerk for JEFFERY K. BHRTON, Clerk of the Board of county commissioners
of Indian River County, Florida, who are personally known to me.
NOTARY �PU"B�L�IC
=4� 1� PATRICIAL.JONES
Printed Name: T
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