RESOLUTION 2007-1

A RESOLUTION OF THE BOARD OF TRUSTEES OF THE BAREFOOT BAY RECREATION DISTRICT PROVIDING A STANDARD PROCEDURE FOR ADDRESSING PROPERTY WITHIN BAREFOOT BAY WHICH IS NON-COMPLIANT WITH THE DEED OF RESTRICTIONS AS A RESULT OF DAMAGE SUSTAINED IN THE HURRICANES OF 2004; PROVIDING FOR NOTIFICATION OF NON- COMPLIANCE TO OWNERS OF NON-COMPLIANT PROPERTY; PROVIDINGTIMELINES FOR OWNERS OF NON-COMPLIANT PROPERTY TO BRING THEIR PROPERTY INTO COMPLIANCE WITHOUT PENALTY; PROVIDING FOR LEGAL ACTION AND PENALTIES IN THE EVENT OF CONTINUED NON­COMPLIANCE; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Barefoot Bay Recreation District is governed by the Amended and Restated Deed Of Restrictions for Barefoot Bay (the "DOR") dated October 1, 1999, which sets forth various minimum requirements for homes and other property within the Barefoot Bay Recreation District; and

            WHEREAS, severe damage was caused to homes and other property within Barefoot Bay in 2004 by Hurricanes Charley, Frances, and Jeanne (the "Hurricanes"); and

WHEREAS, due to the Hurricanes, many homes and other property within Barefoot Bay were left in a state that did not comply with the minimum requirements established by the DOR; and

WHEREAS, the Barefoot Bay Board of Trustees passed Resolution 2005-1 on February 11, 2005, which recognized the effects of the Hurricanes on the property within Barefoot Bay, addressed non-compliance caused by the Hurricanes, and established a timeline for repairing Hurricane damage and bringing homes and property into full compliance with the DOR; and

WHEREAS, the Barefoot Bay Board of Trustees passed Resolution 2006-1 on June 28, 2006, which established a general procedure for ensuring compliance with the DOR; and

WHEREAS, most homes and structures that sustained Hurricane damage have been adequately repaired or reconstructed and now comply with the DOR; and

WHEREAS, there are still some homes and property in Barefoot Bay that have not been adequately repaired or reconstructed and still do not comply with the DOR; and

WHEREAS, the Barefoot Bay Recreation District acknowledges that ensuring full compliance with the DOR will require the implementation of a standard procedure for (1) notifying owners and/or occupants of non-compliant, Hurricane-damaged homes or property of the existing non-compliance, (2) providing adequate time to arrange for compliance with the DOR, (3) providing adequate time to effectuate repairs and reconstruction of non-compliant property, and (4) providing for situations in which owners of property , despite notification of non-compliance, fail to take appropriate actions to bring their property into compliance with the DOR.

NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OFTHE BAREFOOT BAY RECREATION DISTRICT AS FOLLOWS:

            Section 1:      Intent

It is the intent of this resolution to promote, protect, and improve the health, safety, welfare of the citizens of the Barefoot Bay Recreation District by ensuring that all houses, and other property within Barefoot Bay that sustained damage as a result of the Hurricanes are brought into full compliance with the requirements of the DOR. It is further the intent of this resolution to provide the Code Enforcement Staff with a standardized procedure for the notification of owners of Hurricane-damaged homes, structures, or other property that are not in compliance with the DOR of such non-compliance, to provide the owners of such non-compliant property with a time period in which to effectuate the required repairs or reconstruction of non-compliant homes, structures, or other property, and to provide for situations in which the owners of non-compliant homes, structures, or other property fail or refuse to take the actions required by this resolution.

Section 2:      Jurisdiction

This resolution is enacted pursuant to the authority granted by Brevard County Ordinance 84-05 (the Charter of the Barefoot Bay Recreation District); Florida Statutes §418.30 et sec; and the DOR.

Section 3:      Standard Procedure

The following Parts shall comprise the standard procedure for addressing homes, structures, or other property which are not in compliance with the DOR due to damage sustained as a result of the Hurricanes:

A.  Notice.  The owner(s) or occupant(s) of any home, structure, or other property in Barefoot Bay which is not in compliance with the DOR due to damage sustained as a result of the Hurricanes will receive notification of such non-compliance from the Code Enforcement Staff via a written letter (the “Notification Letter”).  The Notification Letter shall contain a description of the non-compliance, shall require that he non-compliance be remedied, and shall inform the owner of the non-complaint home, structure, or other property that the Barefoot Bay Recreation District has the authority to institute legal action in the event of continued non-compliance with the DOR.

The Notification Letter shall also provide the owner(s) of a non-compliant home, structure, or other property with the ability to avoid penalty and legal action by taking the required steps outlined in the letter to bring the property into compliance.  The Notification Letter shall further establish timeframes for taking the required steps, and shall provide for penalties in the event the required steps are not taken.  The required steps to be outlined in the letter are as set forth in Parts B, C, D and E of this Section.

For those properties that have already been found in violation of the Deed of Restrictions by the Violations Committee, the Notification Letters shall be sent to the owner(s) of the non-compliant homes within ten (10) days of the effective date of this Resolution.

For those properties which have not yet been found to be in violation of the Deed of Restrictions, Code Enforcement Staff will cause those properties to be brought before the Violations Committee by no later than the Violations Committee meeting scheduled in _________.  If the Violations Committee finds those properties to be in violation of the Deed of Restrictions, Code Enforcement Staff will send the Notification Letters to the owner(s) of the non-compliant homes within ten (10) days of the date of recording such a finding with the Clerk of the Courts.

B.  30 Day Deadline.  Within 30 days from the date of a Notification Letter, the owner of a non-compliant home, structure, or other property must take an Initial Step to bring the non-complaint home, structure or other property into full complaint with the DOR.  For purposes of this Section, an “Initial Step” shall be defined as one of the following:

(1) If the owner of the non-compliant home, structure, or other property intends to effectuate the needed repair or reconstruction by hiring an individual or entity to perform the repair or reconstruction (the “Contractor”), the owner must sign a contract with the Contractor for the repair or reconstruction of the non-compliant property, and must put down a deposit of at least ten (10%) percent of the contract price with the Contractor.  A Contractor that refuses to accept a deposit of at least 10% of the total contract price shall not be acceptable for the purposes of this Resolution; or

(2)  If the owner of the non-complaint home, structure, or other property intends to effectuate the needed repair or reconstruction by performing the repair or reconstruction himself or herself, the owner must submit an application for a Brevard County building permit, complete with drawings and all other required information which demonstrates how the owner will bring the property into full compliance with the DOR, along with a receipt, or other official documentation, indicating that the building permit application has been filed.  If the needed repair does not require a Brevard County building permit, then the owner of the property shall submit an application to the ARCC and provide with the application a detailed timeline and cost estimate of the needed repairs.

C.  120 Day Deadline.  Within 120 days from the date of the Notification Letter, the owner of a non-compliant home, structure, or other property must complete, or have completed, all necessary repairs and reconstruction, and the home, structure, or other property which was the subject of the Notification Letter must be in full compliance with the DOR, and must be of a condition to remain in full compliance with the DOR.

D.  Failure to Comply with 30 Day Deadline.  In the event that an individual who receives a Notification Letter fails to take one of the Initial Steps within 30 days from the date of the Notification Letter, the Barefoot Bay Recreation District shall, without limitation and non-exclusively, have the immediate authority to:

1.  Extend the time limit for taking an Initial Step in increments of thirty (30) day periods upon application of the owner and the owner’s demonstration to the Board of a hardship based on the following criteria:

a.         Personal, family, or business crisis or emergency at a critical time or for an extended period of time that would cause a reasonably prudent owner’s attention to be diverted from bring his/her property into compliance;

b.         Physical or mental illness, infirmity, or disability that would affect a reasonably prudent owner’s ability to bring his/her property into compliance; or

c.         Any other unforeseen, compelling, or extenuating circumstance or event that would prevent a reasonably prudent owner’s ability to bring his/her property into compliance; or

2.         Commence litigation against the owner(s) of the non-compliant home, structure, or other property seeking the recovery of damages; or

3.         Maintain any equitable action against the owner(s) including, and action to foreclose any lien; or

4.         Seek any injunctive or declaratory relief; or

5.         Assess fines against the owners of non-compliant property.

Furthermore, the Barefoot Bay Recreation District shall also be entitled to recover all costs expended in seeking compliance with the DOR, whether expended before or after the Notification Letter is sent to the owner of non-compliant property, and including without limitation all attorney’s fees, and shall also have a continuing lien against all real or personal property of the owner(s) located within Barefoot Bay to secure compliance with the DOR and the payment of any finds and/or costs and fees expended seeding compliance.

E.  Failure to Comply with 120 Day Deadline.  In the event that an individual who receives a Notification Letter timely takes an Initial Step but fails to complete the necessary repairs or reconstruction, or fails to bring the home or property into full compliance with the DOR within 120 days from the date of the Notification Letter, the Barefoot Bay Recreation District shall, without limitation and non-exclusively, have the immediate authority to:

1.  Extend the time limit for full compliance in increments of thirty (30) day periods upon application of the owner and the owner’s demonstration to the Board of a hardship based on the following criteria:

a.         Personal, family, or business crisis or emergency at a critical time or for an extended period of time that would cause a reasonably prudent owner’s attention to be diverted from bring his/her property into compliance;

b.         Physical or mental illness, infirmity, or disability that would affect a reasonably prudent owner’s ability to bring his/her property into compliance; or

c.         Any other unforeseen, compelling, or extenuating circumstance or event that would prevent a reasonably prudent owner’s ability to bring his/her property into compliance; or

2.         Commence litigation against the owner(s) of the non-compliant home, structure, or other property seeking the recovery of damages; or

3.         Maintain any equitable action against the owner(s) including an action to foreclose any lien; or

4.         Seek any injunctive or declaratory relief or

5.         Assess fines against the owners of non-compliant property.

Furthermore, the Barefoot Bay Recreation District shall also be entitled to recover all costs expended in seeking compliance with the DOR, whether expended before or after the Notification Letter is sent to the owner of non-compliant property, and including without limitation all attorney’s fees, and shall also have a continuing lien against all real or personal property of the owner(s) located within Barefoot Bay to secure compliance with the DOR and the payment of any finds and/or costs and fees expended seeding compliance.

Section 4:      Conflict with other Provisions

All resolutions or parts of resolutions in conflict herewith are hereby repealed and all resolutions or parts of resolutions not in conflict herewith are hereby continued in full force and effect.

Section 5:      Part of the Code of Resolutions

It is the intention of the Barefoot Bay Board of Trustees that the provisions of this resolution shall be made a part of the Barefoot Bay Code of Resolutions and the sections may be renumbered to accomplish such intentions.

Section 6:      Severability

If any portion, clause, phrase, sentence or classification of this resolution is held or declared to be either unconstitutional, invalid, inapplicable, inoperative or void, then such declaration shall not be construed to affect other portions of the resolution;  it is hereby declared to be the express opinion of the Barefoot Bay Board of Trustees that any such unconstitutional, invalid, inapplicable, inoperative or void portion or portions of this resolution did not induce its passage, and that without the inclusion of any such portion or portions of this resolution, the Trustees would have enacted the valid constitutional portions thereof.

Section 7:      Effective Date

This resolution shall take effect immediately upon its enactment.

            The foregoing resolution was moved for adoption by Trustee ________________.  The motion was seconded by Trustee __________________ and, upon being put to a vote, that vote was as follows:

            The acting Chairman thereupon declared this resolution duly passed and adopted this ______ day of _______________, 2007.

                                                            BAREFOOT BAY RECREATION DISTRICT

                                                            By: ______________________________________

                                                                        John Keegan, Chairperson

PHONE: (772) 664-3141
FAX: (772) 664-1928