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07/06/2021
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07/06/2021
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Last modified
8/26/2021 2:58:45 PM
Creation date
8/26/2021 2:18:43 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
07/06/2021
Meeting Body
Board of County Commissioners
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INDIAN RIVER COUNTY <br />MEMORANDUM <br />TO: Jason E. Brown <br />County Administrator <br />DEPARTMENT HEAD CONCURRENCE: <br />Phillip J. Matson, AICP <br />Community Development Director <br />FROM: Andrew Sobczak <br />Chief, Environmental Planning <br />& Code Enforcement <br />DATE: 6/22/2021 <br />RE: Request for Authorization to Abate a Public Nuisance Located at 1262 15th Avenue <br />It is requested that the Board of County Commissioners formally considerthe following information at the <br />Board's regular meeting of July 6, 2021. <br />DESCRIPTION AND CONDITIONS <br />Michael and Kelly Palmer own a residential property located at 1262 15th Avenue in Indian River County. <br />On 3/4/2020, county code enforcement staff received a complaint regarding an accumulation of junk, <br />trash, and debris, and vehicle storage at the property. Following an inspection of the property, staff sent <br />a Notice of Code Violation to Michael and Kelly Palmer regarding violations including junk, trash, and <br />debris, storage of commercial vehicles, storage of junk vehicles, vehicle, boat, and trailer storage, and a <br />zoning district use violation. <br />On September 28, 2020, code enforcement staff presented these violations to the Code Enforcement <br />Board at an evidentiary hearing. The Board supported staff's finding of multiple violations and entered an <br />Order Finding Violation, granting approximately 60 -days for the violations to be resolved. After <br />approximately 60 -days had passed, on November 23, 2020, the Code Enforcement Board held a <br />compliance hearing. At that hearing, the Board found that no progress had been made towards resolving <br />the violations, and a $100.00 per -day fine beginning on November 21, 2020, and continuing until the <br />violations are resolved was imposed. <br />Following the start of the daily fine, staff continued to receive numerous citizen complaints regarding the <br />condition of the property. By May of 2021, while the Board's daily fine had accrued to a sum of <br />approximately $18,000.00, staff had also documented a significant escalation in the degree of the <br />violations. As such, on May 24, 2021, the Code Enforcement Board heard the case again at a compliance <br />hearing and determined that the violations constitute a public nuisance warranting county abatement. <br />104 <br />
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