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Board of County Commissioners Meeting Minutes - Final November 5, 2024 J. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. 24-0876 Authorization to Proceed with Foreclosures on Code Enforcement Cases: (2009070001) Hicks Recommended Action: Staff requests the Board's opinion whether or not to move forward with outside counsel in the filing of foreclosure on the above-named code enforcement cases. Attachments: Staff Report Hicks Order Imposing Fine Hicks Deed 9-18-24 County Attorney Jennifer Shuler referred to case number 2009070001 (Hicks), located at 20757th Ct SW. She stated that under Florida Statute Section 162.09; the Code Enforcement Board (CEB) was required to recommend initiating the foreclosure process. This recommendation was made during the CEB hearing on September 23, 2024. Attorney Shuler utilized a PowerPoint presentation to detail the history of the property. She explained that on September 28, 2009, the CEB held a public hearing in which the property was found in violation due to overgrown grass and weeds. During a compliance hearing on November 23, 2009, the CEB determined that the Order Finding Violation had not been complied with and issued a fine of $100 per day which currently stood at $524,000. As of September 23, 2024, the property remained out of compliance. Attorney Shuler also noted that the property was not classified as a homestead, which meant it could be subject to foreclosure by the County. Chairman Adams remarked that it seemed that the property owner had given up on the situation, and the County may end up acquiring the property. She was concerned about the significant lien attached to the property. She noted in the past, the Board had moved forward with foreclosures in similar cases. Currently, it was difficult to see that there was a house on the property, which indicated that it was not only a blight on the community, but also posed health and safety concerns. A motion was made by Vice Chairman Flescher, seconded by Chairman Adams, to approve staffs recommendation. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar 13.B. 24-0877 Authorization to Settle Foreclosure Case on Collins Code Enforcement Case Number 2014050077 Recommended Action: Staff recommends the Board approve the Settlement Agreement and authorize the Chair to execute the Settlement Agreement on the Indian River County Florida page 17