Res 24-99RESOLUTION NO. 24-99
A RESOLUTION OF THE CITY CO~ISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAy BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY
REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY
BEACB; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH
SUCH ABATEMENT ~ LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR
THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A
LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative has, pursuant
to Chapter 90 of the Code of Ordinances, removed junked and/or abandoned vehicles
owned by persons described in the list attached hereto and made a part hereof, for
violation of the provisions of Chapter 90 of the Code of Ordinances; and,
.WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of
Delray Beach, the City Manager or his designated representative has determined that
a nuisance existed in accordance with the standards set forth in Chapter 90 of the
Code of Ordinances, and did furnish the respective owner(s) of the land(s) described
in the attached list with written notice of public nuisance pursuant to Sections
90.02 and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached hereto and made
a part hereof did fail and neglect to remove said junked and/or abandoned vehicles,
and thus failed to abate the nuisance(s) or to properly request a hearing pursuant
to Chapter 90 within the time limits prescribed in Chapter 90 of the Code of
Ordinances, or if the property owner(s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) as required by
Chapter 90 of the Code of Ordinances; and,
WHEREAS, the City of Delray Beach, through the City Administration or such
agents or contractors hired by the City Administration was therefore required to and
did remove said junked and/or abandoned vehicles owned by persons described in the
list attac~ed and made a part hereof and incurred costs in abating the subject
nuisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to
Chapter 90 of the Code of Ordinances of the City of Delray Beach, submitted to the
City Commission a report of the costs incurred in abating said nuisance(s) as
aforesaid; and,
.WHEREAS, the City Commission of the City of Delray beach, pursuant to
Chapter 90 of the Code of Ordinances desires to assess the cost of said nuisance(s)
against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAy BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown by the
report of the City Manager of the City of Delray Beach, involving the City's cost of
abating the aforesaid nuisances a copy of which is attached hereto and made a part
hereof, are hereby levied against the parcel(s) of land described in said report and
in the amount(s) indicated thereon. Said assessments so levied shall, if not paid
within thirty (30) days after mailing of the notice described in Section 3, become a
lien upon the respective lots and parcel{s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes and shall be
collectible in the same manner and with the same penalties and under the same
provisions as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessment shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is hereby
directed to immediately mail by first class mail to the owner(s) of the property, as
such ownership appears upon the records of the County Tax Assessor, notice(s) that
the City Commission of the City of Delray Beach on the
20th 4ay of A~ril, 1999 has levied an assessment against said property for
the cost of abatement of said nuisance by the City, and that said assessment is due
and payable within thirty (30) days after the mailing date of said notice of
assessment,, after which a lien shall be placed on said property, and interest will
accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs
of collecting said sums.
Section 4. That this resolution shall become effective thirty (30) days
from the date of adoption and the assessment(s) containedherein and shall become due
and payable thirty (30) days after the mailing date of the notice of said
assessment(s), after which a lien shall be placed on said property(s), and interest
shall accrue at the rate of eight (8) percent per annum plus, if collection
proceedings, are necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been received by the
City Clerk within thirty (30) days after the mailing date of the notice of
assessment, the City Clerk is hereby directed to record a certified copy of this
resolution in the public records of Palm Beach County, Florida, and upon the date
and time of recording of the certified copy of this resolution a lien shall become
effective on the subject property which shall secure the cost of abatement, interest
at the rate'of 8%, and collection costs including a reasonable attorney's fee.
Res .No. 24-99
Section 6. That at the time the City Clerk sends the certified copy of
this resolution for recording, a notice of lien, in the form of prescribed in
Section 90.06 of the Code of Ordinances, shall be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the 20th day of
April , 1999.
ATTEST:
City Clerk
Res.No. 24-99
COST OF ABATING NUISANCES UNDER CHAPTER
OF THE CODE OF ORDINANCF
PROPERTY DESCRIPTION OWNER r ASSESSMENT
ATLANTIC PARK GARDENS, DELRAY, LOT 20, MARTHA ALEXANDER &
BLOCK 2, PB 15, P 56, PUBLIC RECORDS OF PALIV JACQUELINE D. ALEXANDER
BEACH COUNTY, FL 45 SW 13TH AVENUE
(45 SW 13TH AVENUE) DELRAY BEACH, FL 33~,~.4 $ 20.00
$ 15.00 ADM FEE
GOLF PARK, LOT 9 (LESS S 16 FT OF W45 FT & S 14 WOODBROOKE CONDO
FT OF E 71.54) BLOCK 1, PB 26, P 141 ASSOC, INC.
941 SW 20TH COURT) GREGORY A. VARNER, PRES
929 SW 20TH COURT
DELRAY BEACH, FL 33445 $ 20.00
$ 15.00 ADMFEE
SUB 17-46-43, E 100 FT OF W275 FT OF S 134 FT OF DELRAY BLUES, INC.
S 1/4 OF LOT 10 (LESS E 10 FT R/VV & ST 806 R/W) & 909 WEST ATLANTIC AVE.
S 45 FT OF N 189.3 FT OF E 124.8 FT OF W274.8 FT DELRAY BEACH, FL 33444
OF S 1/4 OF LOT 10 (LESS E 10 FT R/VV) PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL '
909 WEST ATLANTIC AVE.) $ 20.00 JADM~FEE
___ $ 15.00
~UB 17-46-43, S 50 FT OF N 100 FT OF W 135 FT OF ARVIDDIA MITCHELL ' --
E 285 FT OF S 1/2 OF N 1/2 OF LOT6, pB 1, p 3, C/O E. J. WRIGHT
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 106 NW 12TH AVENUE
VACANT LOT 3/121 NW11THAVE.) DELRAYBEACH, FL33444 $ 20.00
_ $ 15.00 ADM.FEE
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING VV~ECKED OR INOPERABLE MOTOR
HAZARDS; DECLARED NUISANCE.
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Res. No. 24-99