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Board authorizes civil abatement path for vacant, unsafe properties with non-owner occupants
Summary
Marion County approved staff authorization to seek circuit-court injunctions to abate nuisance conditions — including unsafe structures — in properties occupied by non-owners, and directed code enforcement to proceed when statutory criteria are met.
Marion County commissioners voted June 3 to authorize county staff and the county attorney’s office to pursue civil actions and injunctions to abate nuisance conditions where properties are unsafe and occupied by non-owners.
Assistant County Attorney Linda Blackburn and Robin Huff of Code Enforcement presented a case summary in which both recorded owners had died (2011 and 2017) and non-owner occupants remained in the structure. Blackburn told the board Florida law allows local governments to seek injunctions to abate nuisances, and the requested authorization would permit staff to move forward with court action in defined circumstances.
Public comment and board discussion
Resident Joseph Walker spoke earlier in the meeting during public comment about a nearby property he described as a public-safety and nuisance problem and asked the county to address multiple parcels, not only a single location. Walker’s concerns — trash, fire-damaged RV structure, rodents and transient encampments — were echoed in staff comments that the county must proceed parcel by parcel and follow due-process requirements.
Action taken
Commissioner Zalick moved and Commissioner Stone seconded a motion authorizing staff to seek circuit-court abatement (injunctive relief) for the nuisance described and to proceed with abatement when legal criteria are met; the board approved the motion unanimously.
Ending
The county attorney’s office and code enforcement will proceed under the authorization to file for injunctive relief in situations where the owner cannot be located, the property is unsafe and code enforcement has otherwise exhausted administrative remedies. Staff noted this authority applies to defined circumstances and does not replace standard code-enforcement processes for owner-occupied properties.
