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Alan S. Polackwicb, 5r., County Attorney <br />William. X DeBraai, Deputy County Attorney <br />George A Glenn, Assistant County Attorney <br />Attorney's Matters - A.C.C. 05/18/2010 <br />Office of <br />INDIAN ?DIVER. COUNTY <br />ATTORNEY <br />MEMORANDUM <br />TO: Board of County Cot»missioners <br />FROM: Alan S. Polackwich, Sr., County Attorney <br />DATE: May 12'.2010 <br />SIMACT: Vista Gardens Golf Course — Code Enforcement Alternatives <br />BACKGROUND. <br />At the April 20, 2010 meeting, the Board authorized staff to abate a recurring nuisance on the Vista Gardens <br />golf course property by mowing the grass and weeds, and recording a lien for the costs. The Board also. <br />directed the County Attorney to analyze and advise the Board of other code enforcement alternatives that may <br />be available. V <br />The current owner of the property is Vista Golf LLC ("Vista Golf'). Vista Golf acquired title on January 4, <br />2007 through a certificate of title issued in a foreclosure action brought by Marine Bank against the prior <br />owner. Since 2007, overgrowth of grass and weeds has been a recurring problem. To date, the Code <br />Enforcement Board has entered one order imposing a fine of $5,700 and a second order for abatement costs of <br />$1,000, both of which are liens on the golf course property. Presumably, a third lien will result from the <br />Board's action at the April 20, 2010 meeting. <br />The IRC Code and Chapter 162, Florida Statutos create several remedies for code violations which constitute a <br />nuisance: (1) a fine up to $500 per day may be levied and recorded as a lien, (2) the nuisance may be abated <br />and the abatement costs recorded as a lien, (3) the lien(s) may be foreclosed and the property sold on the <br />courthouse steps. The proceeds of the sale are used to pay the liert(s), (4) the court may be asked to 00enter an <br />injunction requiring the owner to comply with the code, and (5) the fine/abatement costs may be converted to a <br />court judgment and enforced against other assets of the owner, if any. In addition, the IRC Code generally <br />provides that a violation may be punished by up to 6 months imprisonment. <br />IudianklvirCs. ved Date - <br />APPROVED FOR 05.18, 10 Admin. ✓ <br />B.C.C. MEETING — REGULAR AGENDA CQ. Atty. <br />23ddget �----• -- <br />..�`- couNTYATromEy RtskMgr. <br />ATTACHMENT 3 <br />100 <br />