13.A.
Authorization to proceed with foreclosures on Code enforcement cases: 2014050077
(Collins) and 2021090105 (Paige)
Recommended Action:
Staff recommends the Board authorize staff to move forward with outside counsel in
the filing of foreclosure on the above named code enforcement cases.
Assistant County Attorney Susan Prado presented the following Code Enforcement
cases before the Board and sought the Board's approval to start the foreclosure
process.
Attorney Prado presented Case 2014050077 (Collins) 356 18th Avenue, Vero Beach,
FL, which went back to 2014. In June 2014, the Code Enforcement Board (CEB) held
the property owners in violation for overgrown weeds and an unmaintained swimming
pool; in July 2014, the CEB found the owners not to be in compliance and issued a fine
of $100 per day. Attorney Prado utilized a PowerPoint presentation to show aerial
photos of the property and confirmed the property was not homesteaded, and had no
current foreclosures or mortgages on the property. Ms. Prado informed the Board, the
current fine amount was $311,700, and as of January 2023, the property had not come
into compliance, additionally there was an individual (squatter) adversely possessing the
property.
Attorney Prado presented Case 2021090105 (Paige) 955 37th Ave, Vero Beach, FL.
In November 2021, an evidentiary hearing was held finding the property owners in
violation for overgrown weeds, junk, trash, debris, pool enclosure violation, and an
unmaintained swimming pool. The CEB imposed a fine of $100 per day. Attorney
Prado utilized a PowerPoint presentation to show aerial photos of the property and
confirmed the property was not homesteaded, had no current foreclosures and did not
appear to have a prior mortgage recorded on the property. Ms. Prado informed the
Board the current fine amount was $43,200.
Jan Spofford, who resides next door to the property at 356 18th Ave, confirmed there
was a “squatter” at the property, and requested information as to how quickly the
foreclosure would be done and what she could do if the person showed up at the house
again. County Attorney Dylan Reingold responded that the attorney’s office would
move forward with the foreclosure and address the issues that need to be corrected on
the property. He further suggested, and Commissioner Loar agreed, Ms. Spofford
should contact the Sheriff’s office and let them know there was a threat to her
property.
A motion was made by Commissioner Flescher, seconded by Commissioner Loar,
to approve staff's recommendation. The motion carried by the following vote: