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11q <br />Office Of Attorney's Matters 3/8/2022 <br />INDIAN RIVER COUNTY <br />Dylan Reingold, County Attorney <br />William K. DeBraal, Deputy County Attorney <br />Susan J. Prado, Assistant county Attorney <br />MEMORANDUM <br />TO: Board of County Commissioners <br />FROM: Susan Prado, Assis',ant County Attorney <br />DATE: March 1, 2022 <br />ATTORNEY <br />SUBJECT: Authorization to Proceed with Foreclosures on Code Enforcement <br />Case Numbers: 2018020108 (Yates); 2017080035 (Palmer, 14th <br />Avenue); and 2017040072 (Family Dollar) <br />Pursuant to Florida Statute Section 162.09, the County may commence foreclosure action <br />on any non -homestead property on which there is a code enforcement lien recorded for <br />longer than three months. The Board of County Commissioners previously expressed a <br />desire for the County Attorney's Office to look into the possibility of foreclosure as a <br />remedy for outstanding code enforcement cases with recorded liens. The County <br />Attorney's Office has followed that instruction and retained outside counsel. The County <br />Attorney's Office worked in coordination with code enforcement staff to come up with a <br />list of code enforcement cases appropriate for the foreclosure process. Pursuant to <br />Florida Statute Section 162.09, the Code Enforcement Board must give the <br />recommendation to start the foreclosure process. This recommendation was given at the <br />last Code Enforcement Board hearing on February 28, 2022. Staff is now seeking this <br />Board's final approval to move forward with filing foreclosure proceedings on the below <br />listed properties and with working with outside counsel, Dill, Evans and Rhodeback. <br />Case Number 2018020108 (Yates): This code enforcement action started in 2018 with <br />a complaint regarding a septic system in disrepair as well as unsecured vacant structures. <br />There was an evidentiary hearing on March 26, 2018 at which time the respondents <br />(Estate of Dallas and Jane Yates C/O Dallasteen Yates) were found in violation of the <br />Indian River County Code of Ordinances (the " IRC Code"). The respondents were given <br />a time frame to correct. At a compliance hearing held on April 23, 2018, the Code <br />Enforcement Board determined that the respondents did not bring the property into <br />compliance and issued an order for a fine in the amount of $100.00 per day. The order is <br />recorded at O.R. Book 3117 and Page 2458. The property was never brought into <br />93 <br />