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Board of County Commissioners Meeting Minutes - Final November 5, 2024 <br />above-named code enforcement foreclosure case. <br />Attachments: Staff report <br />Collins IRC Settlement Agreement w -Exhibits 10-24-2024 <br />Attorney Shuler stated that the Board had authorized the County Attorney's Office to <br />proceed with foreclosure on the Collins Code Enforcement Case, Case Number <br />2014050077. One of the respondence in the case expressed willingness to settle and <br />agreed to a final judgment for foreclosure if the County refrained from taking personal <br />action against him. She believed this settlement would benefit the County by saving <br />time and reducing attorney fees, even though he was not the only respondent in the <br />case. <br />A motion was made by Vice Chairman Flescher, seconded by Chairman Adams, <br />to approve staffs recommendation. The motion carried by the following vote: <br />Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner <br />Moss, and Commissioner Loar <br />13.C. 24-0885 Code Foreclosure Case Clarification and Update <br />Attachments: Staff Report <br />Attorney Shuler asked the Board for guidance on whether to pursue foreclosures to <br />encourage compliance. She mentioned that foreclosures had worked in some of the <br />30 authorized cases, but only a few led to actual foreclosures. Overall, this strategy <br />helped to get property owners to comply. She stated that a senior mortgage or lien <br />on the property had priority, and the Board must decide whether to proceed with <br />foreclosure, knowing it might not receive payment since the senior mortgage would be <br />paid first. However, the Board could recover attorney's fees from the foreclosure sale <br />proceeds. <br />Chairman Adams believed the Board should tackle these issues on a case-by-case <br />basis. This tool had proven effective, and weighing the costs against the potential <br />benefits was important, especially when securing properties is uncertain. By <br />addressing challenges proactively, the Board could prevent prolonged issues, <br />particularly with outdated or bank -owned properties. She saw this tool as a valuable <br />resource and looked forward to discussing specific cases to identify the best strategies <br />moving forward. <br />Board directed the County Attorney's office to proceed with the foreclosure <br />process on a case-by-case basis in an attempt to obtain compliance with the <br />Code. <br />13.D. 24-0891 Permission to Advertise Public Hearing Amending Indian River County Code <br />Sections 102.01(1), 102.04. <br />Indian River County Florida Page 18 <br />