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Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney 13 C Off= of Anomy'sManed 0;12412017 INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners THROUGH: Roland DeBlois, Chief of Code Enforcement and Stan Boling, Community Development Director FROM: William K. DeBraal, Deputy County Attorney A*V_ DATE: January 17, 2017 SUBJECT: Permission to File Suit for Injunction on 1325 36th Avenue, Vero Beach Owner: James Boyette The property located at 1325 361 Avenue, Vero Beach is owned by James E. Boyette. The 0 44 acre parcel measures 150'x 128' and is zoned RS -6, residential, single-family up to 6 units per acre. There is a single family residence on the property with an attached garage. The neighborhood is well maintained with above average sized lots. Mr. Boyette has owned and resided in the house since 2007. County Code Enforcement first took action against Mr. Boyette in 2008. At that time he was cited for overgrown weeds, junk, trash and debris on the 36th Avenue property. An Order Imposing Fine was entered on June 9, 2009 assessing a fine of $100 per day after the property failed to come into compliance. The Code Enforcement Board found the property came into compliance in November 2009 and the fine was rescinded and lien released in December 2009. Copies of the Order Imposing Fine and Rescindment of Fine are attached to this memo. In 2015, Code Enforcement took action against Mr. Boyette for a second time, citing him for overgrown grass and weeds, excess junk, trash and debris; a vehicle without a license plate and a boat parked outside of the approved driveway. A fine of $100 per day for each day the violation continued was assessed by the Code Board on May 16, 2015. (See attached) To date, the property has not come into compliance and the fine has accrued to over $60,000. Because the property is the homestead of Mr. Boyette, state statutes prohibit the County from foreclosing its code enforcement lien Currently, the condition of the property has worsened. Neighbors claim rats have been seen exiting the long grass onto abutting lots. Recently, a large culvert pipe has appeared on the property, adding to the accumulation of illegal debris. The airboat is still stored off of the driveway and the body of an old pick-up truck remains on blocks. Code Enforcement and this office have received complaints about the condition of the property and the lack of compliance in over 18 months. Our office has met with the owner in an effort to bring the property into compliance before further action is required. P147