INDIAN RIVER COUNTY — The Board of County Commissioners voted 4-1 to reject an amendment of land development regulations for nuisance abatement special assessment ordinance, with Commissioner Peter O’Bryan dissenting.
Commissioner O’Bryan opened discussion on the topic before the Board entered a public hearing. He expressed concern of homes and personal property in the county that are not properly cared for, and suggest the county step in with a special ordinance that would hit owners of such properties with hefty fines.
O’Bryan’s argument hinged on the fact that houses that he termed “junk houses” bring down the property values of surrounding residences that are well kept, and pose safety threats.
According to the background information and reiterated by Commissioner O’Bryan, in the last five years, 34 structures have been demolished in Indian River County due to condemnation. Fees paid to contractors totaled approximately $173,500 of which approximately $28,300 were recouped.
Though fines and fees are charged to property owners when houses are condemned or demolished, once a house is forclosed on, it is common practice to forgive the debts.
O’Bryan asked the Board to consider a plan in which fines of $100 per day could be imposed once property owners failed to reconcile violations after a period and process of several weeks. The fine would not be waived upon forclosure.
“Do we want our code enforcement process to bring about compliance or not?” O’Bryan asked, arguing that the fines being charged now are rarely collected on and are ineffective.
Commissioner Wesley Davis argued that the nuisance abatement would be over-reaching the responsibility of the government and infringing on personal property rights of the people. He added he was not on board with the county assuming the responsibilities of a homeowners association.
“If it’s truly a matter of public health and safety, I will support you,” Davis said. “If [someone] is simply not maintaining their yard to their neighbor’s standards, I can’t.”
“If someone doesn’t properly maintain their vehicle, do we go there next?” asked Commissioner Joe Flescher. “We’d be going back to the round table and to Robin Hood,” Flescher said, “Except we’d be stealing from the poor.”
Flescher went on to explain that properties often fall in disarray because families have to prioritize putting food on the table before they can properly update their homes and property. He also argued that a recent shift in economic situations for many families in the county is allowing them to invest more time and money into their homes then they were able to in years past.
After the vote, Davis reiterated his willingness to support O’Bryan in specific cases that property would pose a clear health or safety issue to the surrounding area.
