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Permission to File Suit 1325 36th Avenue, Vero Beach <br />January 17, 2017 <br />21Page <br />At this point, the Board has three options. They include: <br />1. Direct staff to seek repeat offender status for Mr. Boyette and have the Code Board declare <br />his property to be a nuisance. The County could then enter upon the property and partially <br />abate the nuisance by mowing the yard. Removal of the air boat, culvert pipe and pick-up <br />truck body could prove to be a challenge as it is not known if the vehicles could be moved <br />without damaging them or have them fall apart. In the past, the Board has not entered onto <br />single family private properties to remove items of potential value, and has only abated large <br />scale violations, such as the Vista Royale golf course overgrown grass. Staff does not <br />recommend this option. <br />2. The Board could direct staff to take no further action on the matter. During the foreclosure <br />highpoint and continuing even today, there are other neglected lawns of occupied and <br />unoccupied houses. The residence at hand is owner occupied and the home seems to be in <br />sound condition, although the yard has been a continuing nuisance to neighbors. Staff does <br />not recommend this option. <br />3. Direct the County Attorney's Office to file suit against Mr. Boyette. The suit will seek injunctive <br />relief asking the Court to order Mr. Boyette to bring the property into compliance with the <br />residential zoning code by removing the offending vehicles, equipment and bring the grass <br />and weed height into compliance If he fails to comply with the Court's order, the Court could <br />hold a contempt hearing for Mr. Boyette for failing to abide by the Court's order. The Court <br />could confine Mr. Boyette to jail for failing to follow the Court's order. <br />Funding. Staff expects to spend about $600 in title work, filing fees and costs of service process. <br />Funding for the law suit is available from General Fund/County Attorney/Other Professional Services, <br />Acct # 00110214-033190. <br />Recommendation. Staff recommends that the Board of County Commissioners authorize the <br />County Attorney's Office to file suit against Mr. Boyette for injunctive relief and petition for an Order <br />commanding Mr. Boyette to bring the property into compliance with Indian River County Code. <br />cc: Roland DeBlois <br />Stan Boling <br />P148 <br />