Laserfiche WebLink
Board of County Commissioners Meeting Minutes - Final March 7, 2023 <br />property. The encroachments included a fence, accessory structure, retaining wall, <br />culvert, and driveway. On May 11, 2022, staff issued a Notice of Code Violation <br />and the case was brought before the Code Enforcement Board (CEB) on June <br />27, 2022. Ms. Guerra reported that the tenants contacted Public Works Director <br />Rich Szpyrka to determine if a portion of the County -owned property could be <br />purchased to remedy the encroachments. Before the remedy could be <br />considered, Director Szpyrka told of certain conditions that would need to be <br />met. <br />The Board entered into a lengthy discussion, Commissioners posed questions to <br />staff and expressed opinions with respect to the purchase of County -owned <br />property and/or remedy of the violations. <br />Vice Chairman Adams questioned what the homeowner would have to do if the <br />purchase was not approved. Ms. Guerra stated the homeowner would have to <br />remove anything that encroached on County land, restore and remove any <br />improvements that were done within the easement, including drainage and <br />driveway improvements, and relocate or remove the shed. <br />Deputy County Attorney Bill DeBraal responded to Commissioner Loar that this <br />was the first time he could recall where the homeowner asked for forgiveness <br />instead of permission. Commissioner Loar commented he was not in favor of the <br />sale and that it would set a standard allowing bad behavior. <br />Commissioner Loar made a motion, seconded by Commissioner Flescher to move <br />forward with the Code Enforcement team and reverse or remove the non - <br />permitted encroachments. <br />Ms. Guerra responded to Commissioner Moss's question that the homeowner <br />stated she did not know where the property line was and thought it would be <br />okay; she had expressed remorse for her actions. <br />With a Motion on the floor to have staff stop the concept of working on a <br />resolution with the property owner to purchase County owned property and to <br />continue moving forward with the code enforcement process. Further discussion <br />was had between the Board and staff with the Board majority not being in favor <br />of selling the property to the homeowner and they preferred restoring and <br />removing any improvements made on the County owned property. <br />The following people spoke against the sale as it would create a precedent in <br />future code violations: <br />Indian River County Florida Paye 12 <br />