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RESOLUTION NO. 97-65
A RESOLUTION OT THE HOARD Or COUNTY CMUSSIONERS OP INDIAN RIVER
COUNTY, l7.ORIDA, ASSESSING COSTS O! COUNTY PUBLIC NUISANCE ABATENENT �.
ON LOT 13, BLOCK A, OSLO PARK SUBDIVISION NO. 5, AS RECORDED IN PLAT C)
BOOK 4, PAGE 26, SUCH ASSESSMENT BEING A BINDING OBLIGATION UPON THE C=
PROPERTY UNTIL PAID. l�
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WHEREAS, the Board of County Commissioners of Indian River County has co
determined that regulation of dead trees posing a health or safety hazard is in the W
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 dead trees
posing a health or safety hazard as a public nuisance; 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 v
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WHEREAS, several dead pine trees posing a safety hazard to an adjacent rC-
residence existed on property having a legal description as follows: Lot 13, Block N
A, Oslo Park Subdivision No. 5, according to the plat thereof as recorded in Plat Cn
Book 9, Page 26, of the Public Records of Indian River County, Florida, and owned -o
by Giovanni Pacifico, whose mailing address is Perianas E1 Auvila Ca, Apartado
DeCorreos No. 76108, Caracas 107, Venezuela; and
WHEREAS, a Notice of Public Nuisance calling for the abatement of the N
described nuisance was mailed to the Respondent and the property was posted on April
25, 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, since he was out of the country; and
WHEREAS, Chapter 973.09(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 June 17, 1997, abated the
herein described dead trees hazard; 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 fees for County abatement of the herein described nuisance is
determined to be One Hundred Five Dollars and Fifty One Cents ($105.51); 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 dead trees hazard,
totaling an amount of $105.51, is hereby assessed against Lot 13, Block A,
Oslo Park Subdivision No. 5, presently owned by Giovanni Pacifico, whose <__
mailing address is Perianas E1 Auvila Ca, Apartado DeCorreos No. 76108,
Caracas 107, Venezuela. .s
3) The $105.51 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 C7
lien against the described property, subject to twelve (12) percent per annum
interest.
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RESOLUTION NO. 97-65
THIS RESOLUTION was moved for adoption by Commissioner
- seconded by CommissionerAlfLS , and adopted on the day of
July , 1997, by the following vote:
Commissioner Carolyn K. Eggert
Commissioner John W. Tippin Aye
Commissioner Kenneth R. Macht
Commissioner Fran B. Adams _
Commissioner Caroline D. Ginn �({�
The Chairman thereuppon declared the resolution duly passed and adopted this
8 day of �Uly 1997.
BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA
i
h� Carolyn K Eggert
Chairman
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o. APPROVED AS TO ENCY:
$'� _ • •, e�y.� �.C' AND A U
!'BFI ��, lI±QRI y ' Ct.�r' ?. Vilunac
sgeb}>�r,�C"ori prAN: R County Attorney
instrument was acknowledged before me this day of
1997, by CAROLYN K. EGGERT as Chair an of the Board of County
C is'si net's''of Indian River County, Florida, and by/ATRrdrA L.ITCAJe S Deputy
C erk"fgt`JEFFERY K. BARTON, Clerk of the Board of County Commissioners of Indian
River County, Florida, who are personally known to me.
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Commission No.:
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