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Based upon the Board direction the County Attorney's Office drafted the attached Ordinance. As structured, the Ordinance requires a supermajority vote of the Board to approve the nuisance abatement action and a separate supermajority vote to allow for the levy, collection, and enforcement of a non -ad valorem assessment as set forth in Section 197.3632, Florida Statutes. Additionally, the Ordinance allows for the use of Section 197.3632, Florida Statutes for building demolitions as well as nuisance abatement. Finally, with respect to an assessment that is over $500, the Ordinance allows the Board to divide the assessment over multiple years so that the property owner will not be required to pay a large assessment in one lump payment. If adopted, the Ordinance will expand the ability of the County to recoup its costs for the County's abatement efforts of nuisances and demolitions. Currently, the County solely uses the method of recording a lien on the subject property. However, the County has been limited in its ability to collect on such liens. Pursuant to Section 162.09, Florida Statutes, no code enforcement lien may be foreclosed on real property that is a homestead. Second, the County's liens are often wiped out in foreclosure suits. However, the Ordinance, if adopted, will allow the County to collect the assessment through the annual real estate tax bill. Thus, this Ordinance will establish an effective means of recouping the County's costs for demolitions and nuisance abatement. There may be concerns that such a mechanism will lead to the County being too active in nuisance abatement and demolitions, however, Section 973.04 of the Indian River County Code of Ordinances still states that fines imposed by the code enforcement board will remain "the primary method for bringing code violators into compliance." As indicated in the attached memo from staff, since 2009 the total number of building demolitions was 34 and there were only 2 nuisance abatement cases. Therefore, unless the Board changes its current practice, the annual number of building demolitions and nuisance abatement cases will be relatively small, perhaps 10 - 20. This Ordinance merely provides another means for the County to recoup its costs in the event the County wishes to abate a nuisance or undertake demolition. RECOMMENDATION The County Attorney's Office recommends that the Chairman open the public hearing, take public input, and close the public hearing, and that the Board of County Commissioners then consider adoption of the attached proposed ordinance. ATTACHMENTS 1. Minutes from the 10-22-2013 and 12-3-2013 BCC Meetings 2. Memo from Staff on Nuisance Abatement and Building Demolition History 3. Draft Minutes from March 27, 2014 Planning & Zoning Commission Meeting 4. Proposed LDR and County Code Amendment Ordinance 5. Timelines/flowcharts: A) Public Nuisance Abatement, B) Demolition, C) Nuisance Abatement Assessment D) Tax Deed APPROVED AGENDA ITEM: FOR: April 22, 2014 BY: !i , ,1 &t Ul F:Community De/(upment\CnrDev\BCC\2014 BCCWuisanccAbatemcnLdoc Indian River Co, Approved Date Admin. ' . (./1/1% Legaly'ls t� Budget - C 1S-)/ Li Dept. M z(//$/tY Risk Mgr. — — A 46