HomeMy WebLinkAboutR-94-10 RESOLUTION NO. R-94-10
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REQUIRING THE ABATEMENT AND DEMOLITION
OF AN UNSAFE STRUCTURE, PURSUANT TO SECTION 26-34 OF THE
CODE OF THE ORDINANCES AND SECTION 102.5 OF THE STANDARD
BUILDING CODE AND THE STANDARD UNSAFE BUILDINGABATEMENT
CODE, CONSISTING OF TWO STRUCTURES WITH APPROXIMATELY
1,196 SQUARE FEET, LOCATED ON THE EAST SIDE OF BOB
CIRCLE, NORTH OF COLUMBUS STREET, SOUTHEAST OF MAIN
STREET, WEST OF THE FLORIDA POWER AND LIGHT 100 FOOT
POWERLINE EASEMENT, LOCATED IN THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING A SEVERABILIT¥ CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the current owner, Terry L. Booher, has received
proper notice pursuant to the Standard Unsafe Building Abatement
Code; and
WHEREAS, the City of Sebastian has determined that the
structures are unsafe pursuant to the Standard Unsafe Building
Abatement Code and Section 26-34 of the Code of Ordinances; and
WHEREAS, the failure to remove said structures within a timely
fashion would jeopardize the public health, safety and welfare of
the community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. LEGAL DESCRIPTION. The two structures are
located on real property at the east side of Bob Circle Street,
north of Columbus Street, southeast of Main Street, and west of the
Florida Power and Light 100 foot powerline easement, in the City of
Sebastian, Indian River County, Florida, being more particularly
described as follows:
"Begin at a point Four and 52/100 chains South and Eight
and 93/100 chains West of North East corner of North East
quarter of Southeast quarter, Section 1, Township 31
South, Range 38 East. Run South One hundred feet thence
East one hundred feet thence North one hundred feet
thence West one hundred feet to the point of beginning.
Said land now lying and being in Indian River County,
Florida and also know by its tax parcel I.D. 01-31-38-
00000-7000-003.0.
Section 2. ABATEMENT OF STRUCTURES. The City Council
authorizes City staff to either demolish or allow the Indian River
County Fire Department to have a controlled burn for training
purposes to remove the structures described in Section 1 of this
Resolution. Ail expenses incurred during this process shall be
paid by the owner of the property.
Section 3. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 4. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Resolution without said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section 5. EFFECTIVE DATE. This Resolution shall take
effect on March !i, 1994
The foregoing Resolution was moved for adoption by Council.
Member /~ The motion was seconded by
2
Council Member ~/~ and, upon being put to a
vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Council Member Carolyn Corum
Council Member Norma J. Damp
Council Member Robert J. Freeland
The Mayor thereupon declared this Resolution duly passed and
adopted on this ~ day of
ATTEST:
Kathry~M, ~0'Halloran, CMC/AAE
City Clerk
(Seal)
, 1994.
CITY OF SEBASTIAN, FLORIDA
~nhie Ri P~ell, Mayor
I HEREBY CERTIFY that notice of public hearing on this
Resolution was published in the Vero Beach Press Journal as
required by Section 20A-2.6 D.1 of the Land Development Code of the
City of Sebastian, Florida, that one public hearing ~was held on
this Resolution at 7:00 p.m. on the ~ day of ~~4 ,
1994, and that following said public hearing this Resolutic~ was
passed by the city Council.
Ka~hry~M. O'Hal~loran~ CMC/AAE
City Clerk
4