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Status of Compliance The Code Enforcement Board has granted Mr. Sharpe until April 21, 2000, to resolve the cited code violations on his property. If the violations are not resolved by that time, the Board will hold a compliance hearing on April 24, 2000, and will decide to either grant an additional period of time for compliance, or impose a fine in the form of a lien against the property. On February 28, 2000, at the rehearing request before the Code Enforcement Board, Mr. Sharpe's main point of contention concerned the Code Board's fording that the mobile home on his property is not "grandfathered," and needs to be removed. The Code Board's fording that the mobile home is not grandfathered was based testimony at the October 25, 1999 evidentiary hearing and at the February rehearing (see attached Code Board meeting minutes). Purview of the Commission The Indian River County Code Enforcement Board was established pursuant to Chapter 162. Florida Statutes, adopted by reference in the County Code (County Code Section 103.03). Section 162.11, F.S., provides that an aggrieved party may appeal a final administrative order of an enforcement board to the circuit court. As such, if Mr. Sharpe's intent is to appeal the County Code Enforcement Board's findings of violations, it is the circuit court, and not the County Commission, that is charged with hearing the appeal. The Board of County Commissioners does have the authority to "execute a satisfaction or release of lien" entered pursuant to Chapter 162 (Section 162.09, F.S). In Mr. Sharpe's case, however, there is currently no lien imposed by the Code Board, and therefore the County Commission's authority to satisfy or release a lien is not applicable. Amendment to County Regulations The Board of County Commissioners has the authority to adopt and amend county regulations, as wan -anted, subject to public hearing procedures. It is staff s position that the county regulations at issue in Mr. Sharpe's case are appropriate and do not warrant revision. Notwithstanding, Mr. Sharpe has the right, as do all citizens, to apply for an amendment to county regulations, subject to established procedures and an application fee. Staff recommends that the Board of County Commissioners defer any action on Alonzo Sharpe's code enforcement case to the County Code Enforcement Board. Morris Thomas,103 85 103rd Aveme, Fellsmere, Mr. Sharpe's brother, explained that Mr. Sharpe had been told that the trailer on the property was grandfathered in when he purchased the property. He then related a disagreement between Mr. Sharpe and one of his neighbors who had called the Code Enforcement Department. The trailer has been on the property since at least 1971. He advised that Mr. Sharpe is considered to be legally blind and raises cows and chickens on his property. The people living in the trailer are there to assist Mr. Sharpe. APRIL 49 2000 -84- • 0