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Date of BCC Authorization Mowing Contractor Cost Administrative Fee (per County Code Section 973.06 July 6, 2010 $850.00 $250.00 September 7, 2010 $850.00 $250.00 November 2, 2010 $850.00 $250.00 Total(s): $5,210.00 $1,500.00 On January 4, 2011, county staff sent Vista Golf LLC an invoice requesting payment for the mowing costs summarized above (see Attachment 6). To date, Vista Golf has not paid the invoice. Recently, staff determined that the Vista Golf property within Vista Gardens has become overgrown again. This matter is now being presented to the Board for the Board to consider whether or not to authorize staff to again hire a contractor to mow the property and assess costs against the owner. ANALYSIS In August 2009, the Code. Enforcement Board's finding was that the overgrown weeds on the Vista Golf property within Vista Gardens constituted a public nuisance posing a serious threat to public health and safety. That determination was based on the Code Board's finding that the weeds would constitute a potential fire safety hazard in the event of a drought. Consequently, the Code Board entered its order ("...Determining Public Nuisance Warranting County Abatement") directing staff to request that the County Commission authorize the county administrator to take action to abate the public nuisance, which the County Commission did (initially) at its September 22, 2009 meeting. According to County Code Section 973.04(3), if a public nuisance violation is resolved but recurs, which is the case here, "...no further code enforcement board determination is needed for the county to take future abatement action relating to the reoccurrence of the nuisance violation. " Consequently, the Board may at this time direct staff to abate the nuisance by again having the golf course mowed. Alternatives While the County's periodic mowing of the Vista Gardens golf course has abated the nuisance each time that the nuisance has recurred, that abatement has cost the County thousands of dollars. Despite billing the property owner for those costs, no payment has been received. On May 18, 2010, the County Attorney presented a memorandum to the Board summarizing the County's code enforcement alternatives to address the recurring overgrowth of weeds on the Vista Golf property (see Attachment 3 to this report). At that time, the Board voted to continue with the enforcement alternative of periodic county abatement with costs recorded as a lien (see Attachment 4). At the Board's meeting on November 2, 2010, a discussion ensued as to whether or not the County should take other actions beyond just periodic mowing, such as initiating foreclosure and / or directing staff to bring the matter back to the Code Enforcement Board to assess additional fines (see BCC 11/2/10 meeting minutes, Attachment 5). Staff's position is that, notwithstanding additional actions that the Board may consider, it is appropriate for the County to continue to periodically mow the Vista Golf property within Vista Gardens at this time. 2 95