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Res 17-09RESOLUTION NO, 17-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 200 GF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND{S} LOCATED WITHIN THE CITY OF DEL1tAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL CC-STS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDI]~TG 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. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 200 of the Cade of Ordinances, declared the existence of a nuisance upon certain fats or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land{s} and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did fizrnish the respective owner{s} of the land{s} described in the attached list with written notice of public nuisance pursuant to Sections 100.21 and 200.22 of the Code of Ordinances describing the nature of the nuisance{s} and sent notice that within seven {7} days from the date of said notice {forty-two {42} days in the case of violation of Section 100.04 pertaining to seawalls} they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within five {5} days from the date of delivery of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property owner{s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance{s} existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 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} within the time designated at the hearing wherein a decision was rendered adverse to the property owner{s}; 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 enter upon the land{s} described in the list attached and made a part hereof and incurred costs in abating the subject nuisance{s} existing thereon as described in the notice; and, WIIEILEAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Corxunission a report of the costs incurred in abating said nuisances} as aforesaid, said report indicating the costs per parcel of land involved; and, WHEI~;EAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 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 upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcels} of land described in said report and in the amounts} indicated thereon, Said assessments so levied shall, if not paid within thirty (30} days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcels} 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 as mortgages and foreclosures are under state law. motion 2_ That such assessments 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 owners} of the property, as such ownership appears upon the records of the County Tax Assessor, notices} that the City Commission of the City of Delray Beach at the June 2, 2049, meeting 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°lo per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution, Section 4. That this resolution shall become effective thirty (30} days from the date of adoption and the assessments} contained herein shall become due and payable thirty (30} days after Res. No. 17-09 the mailing date of the notice of said assessments}, after which a lien sha]1 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 ui the euent 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 effectiue on the subject property which shall secure the cost of abatement, interest at the rate of $°fo, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this 2"d day of June, 2009. ATTEST: ~.._.1. City Clerk This instrument was prepared byc Susan A. Ruby, City Attorney 20Q N.W. 1S` Avenue IJelray Beach, Florida 33444 Res. No. 17-U9 GOST OF ABATING NUISANGES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE :'PROPERTY DESCRIPTION. OWNER ASS ESSMENT 530 SE 6th Avenue OSCEOLA PARK LTS 5 TO 8 !NC {LESS US HWY ;Sun American Bank #1 RD RNV) BLK 1 P63 PG 2 ; °!o Robert Nichols PCN 12 43 46 21 01 001 0050 9293 Glades Road CASE NBR 08 00082180 CUST NO. 12779 Boca Raton, Florida 33434 $ 103.50 Inv. No. 32957 $ 55.00 Admin Fee $ 158.50 555 SE 9th Street Regions Bank Corp. Services Co. RIO DEL REY LTS 1 TO 8 INC {LESS US HWY #1 ' 1201 Hays Street RD RiW) &ABND 16 FT ALLEY LYG THEREIN BLK 'ITallahassae, Florida 32301 6 ', PB12PG84 PCN 12 43 46 21 03 006 0010 CASE NBR 08 00082226 GUST NO. 12775 $ 171.00 ;Inv. No. 32953 $ 55A0 Admin Fee $ 226.00 959 SE 6th Avenue RIO DEL REY SHORES LT 1 & 2 BLK 1 & RETURN CURVE AREA OF ABND RD PB 25 PG 5 PCN 12 43 46 21 04 001 0010 ' M M & ANNETTE B HURNI Casa No. 08 00082172 CUST. NO. 12344 ', 5630 Windrift Lane Boca Raton, Florida 33433 $ 299.00 Inv. No. 32943 $ 55.00 Admin Fea $ 354.pp 322 SW 5th Avenue TOWN OF DELRAY N 50 FT OF S 356.4 FT OF E 135 FT OF BLK 24 PB1 P63 Maurica & Patricia Lord PCN 12 43 46 16 01 024 0040 8454 NW 14th Street CASE NBR 08 00078998 CUST NO. 12008 Coral Springs, Florida 33071-6782 $ 260.00 Inv, No, 32941 $ 55.00 Admin Fee $ 315.00 7 SW 9th Street BELLVIEW COURT LT 1 PB 11 PG45 Laurent Gillot PCN 12 43 46 20 15 000 0010 4498 NW 25th Way CASE NBR 08 00078959 CUST NO. 10223 Boca Raton, Florida 33434 $ 250.50 Inv. No. 32939 $ 55.00 Admin Faa $ 305.50 332 SW 8th Avenue ROSEMONT GARDENS UNIT A LOT 14 BLK 1 PB29 PG118 Laan AlbarteHi PCN 12 43 46 17 44 00'1 0140 602 SW Natura Blvd. #E CASE NBR 08 00079844 CUST NO. 12774 Daerfiald Beach, Florida 33441 ' $ 131.00 Inv. No. 32952 $ 55.00 Admin Fee $ 186.00 Paga 1 RES NO. 17-09.x1s COST QF ABATING NUISANCES UNDER GRAFTER 100 OF THE G©DE OF ORDINANCE Zeder Avenue New City Construction HL, Inc. SOUTHRIDGE LT 21 BLK 10 PB 13 PG 38 °!a Daniel Hernandez PCN 12 43 46 20 13 010 0210 14325 Georgia Avenue CASE NBR 08 00080110 CUST NO. 12218 ;West Palm Beach, Florida 33405 $ 130.00 Inv. No. 32942 $ 55.00 Admin Fee $ 185,00 Florida Blvd. TROPIC ISLE 3RD SECTION LTS 411 & 412 PB 1 PG3 Katharine D. Martens PCN 12 43 46 28 03 000 4110 589 Deerfield Dr. ', CASE NBR 08 00081453 CUST NO. 8844 Melbourne, Florida 32940-1947 ' $ 360.00 ',Inv. No. 32937 $ 55.00 ',Admin Fee $ 415.00 230 SW 3rd Avenue TOWN OFDELRAYS75FTOFN150FTOFEI/2 OF S 1/2 BLK 39 PB1 PG3 Robert L. & Angela D. Burns PCN 12 43 46 16 01 039 0050 12578 Lake Ida Road CASE NBR 08 00080253 CUST NO.6631 ',Delray Beach, Florida 33445-2376 $ 230.50 tnv. No. 32935 $ 55.00 Admin Fee $ 285.50 Florida Blvd. TROPIC ISLE 3RD SECTION LTS 411 & 412 PB 1 PG3 Katharine D. Martens PCN 12 43 46 28 03 000 4110 589 Dee~eld Dr. CASE NBR 08 00091267 CUST N0.8844 Melboume, Florida 32940-1947 $ 201.00 Inv. No. 33994 $ 55.00 Admin Fee $ 256.00 537 NW 51st Avenue ' PINE TRAIL SEC 4 LT 10 {LESS NLY 42.51 FT) BLK ' 9 Daphney A Fleurant PCN 12 42 46 12 12 009 01{}2 537 NW 51st Avenue CASE NBR 08 00087462 CUST NO. 12948 Delray Beach, Florida 33445 $ 102.50 Inv. No. 34001 $ 55.00 Admin Fee $ 15T.50 4715 W. Atlantic Avenue 13-46-42,E100 FTOFW1/4OFIVEI/4OFSW ', 114 {LESS N 753 FT &DELRAY WEST RD RW) PB 1 ', PG3 ' New Rochelle Plaza PCN 12 42 46 13 00 000 7050 ' 4715 W. Atlantic Avenue CASE NBR 08 00087744 CUST NO. 12949 Delray Beach, Florida 33445 $ 190.50 ', Inv. No. 34002 $ 55.00 Admin Fee $ 245.50 322 SW 5th Avenue TOWN OF DELRAY N 50 FT OF S 356.4 FT OF E 135 FT OF BLK 24 PB1 P83 Maurice & Patricia Lord ', PCN 12 43 46 16 01 024 0040 8454 NW 14th Street ', CASE NBR 08 00091440 CUST NO. 12008 Coral Springs, Florida 33071-6782 ', $ 189.00 Inv. Na. 33996 $ 55.00 Admin Fee $ 244.00 Page 2 RES NO. 17-09.x1s COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE 7 SW 9th Street BELLVIEW COURT LT 1 PB 11 PG45 PCN 12 43 46 20 15 000 0010 CASE NBR 08 00091558 CUST NO. 10223 Laurent Gillot P.O. Box 897 Boynton Beach, Florida 33425-0897 177.00 nv. No. 33995 $ 55.00 Admin Fee $ 232.00 15 SW 9th Street BELLVIEW COURT LT 3 & E 5 FT OF LT 4 PB 1 PG3 PCN 12 43 46 20 15 000 0030 CASE NBR 08 00091902 CUST NO. 10223 Laurent Gillot P.O. Box 897 Boynton Beach, Florida 33425-0897 118.00 nv. No. 33993 $ 55.00 Admin Fee $ 173.00 108 NW 10th Avenue 17 - 46 - 43,E 135 FT (LESS N 150 FT, S 50 FT & E 25 FT RDR/W)&W15FTOFE150FTASIN OR6254P899 PB 1 PG 3 PCN 12 43 46 17 42 006 0240 CASE NBR 08 00092736 CUST NO. 12946 aggie Rolle 108 NW 10th Avenue Delray Beach, Florida 33444 171.50 nv. No. 33999 $ 55.00 Admin Fee 226.50 205 SW 12th Avenue ATLANTIC GARDENS DELRAY LT 2 Blk 7 PB 1 PG3 PCN 12 43 46 17 23 007 0020 CASE NBR 08 00092810 CUST NO. 12718 Stephen Adderly 4056 Wood Edge Circle Palm Beach Gardens, Florida 33410 240.00 nv. No. 33997 $ 55.00 Admin Fee $ 295.00 VIOLATION IS SECTION 100 LAND TO BE KEPT FREE 01 : . - OF DEBRIS, NEGATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE Page 3 RES NO. 17-09.x1s Page l of 1 MEMQF~ANDUM TO: Mayan and City Commissioners FROM: David T. Harden, City Manager DATE: May 27, 20fl9 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF JUNE 2, 2009 RESOLLiTION NO.1'7-09 ITEM BEFORE COl1~IMISSION This is a resolution assessing costs for abatement action required to remove nuisances on nine {9) properties throughout the City. BACKGROUND The resolution sets forth the actual cast incurred and provides the mechanism to attach ]lens against the properties in the event the assessments remain unpaid, RECOMMENDATION Recommend approval of Resolution. Na, 17-fl9. htip:!/www.mydekaybeach.comlAgendastBluesheet.aspx?ItemID=2248&MeetingID=248 6/3/2009 RESOLUTION NO. 17-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIIvT THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEp:EST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Cade of Ordinances, declared the existence of a nuisance upon certain Tats ar parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Cade of Ordinances; and, WHEREAS, pursuant to Section 100.21 and 100,22 of the Cade of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 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 100,21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within seven {7) days from the date of said notice (forty-two {42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, ar file a written request for a hearing to review the decision that a nuisance existed within five {5) days from the date of delivery of said notice, failing which the Cit~T of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEF:EAS, the property owner{s} named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance{s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, ar if the prapertlt owner{s} did request and receive a hearing, said property owner{s} failed andJor neglected to abate such nuisance{s} within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEIi,.EAS, the City of Delray Beach, through the Ciry Administration ar such agents ar contractors hired by the City Administration was therefore required to and did enter upan the land{s} described in the list attached and made a part hereof and incurred costs in abating the subject nuisance{s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the Ciry of Delray $each has, pursuant to Chapter 100 of the Code of Ordinances of the Ciry of Delray Beach, submitted to the City Commission a report of the casts incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Can~xaissian of the City of Delray Beach, pursuant to Chapter 100 of the Cade of Ordinances desires to assess the cost of said nuisance{s} against said property owner(s), NOW, THEF,.EFOF;E, 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 cast of abating the aforesaid nuisances upan the lots ar parcels of land described in said report, 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 Sec. 3, become a lien upon the respective Tats and parcel{s) of land described in said report, of the same nature and to the same extent as the lien far general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Secti n That the City Clerk of the City of Delray Beach is hereby directed to icruriediately 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 at the June 2, 2449, meeting 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 vrill accrue at the rate of $°lo per annum, plus reasonable attorney's fees and other costs of collecting said sums, A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Secti n .That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall became due and payable thirty {30) days after Ices. No. 17-{}9 the mailing date of the notice of said assessment{s), after which a lien shall be placed an said property{s}, and interest sha11 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 xecard a certified copy of this resolution in the public retards of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien sha]1 become effective on the subject propert~r which shall secure the cost of abatement, interest at the rate of $°fo, and collection Costs including a reasonable attorney's fee. PASSED A1~1D ADQI'TED in regular session on this 2"d day of June, 2009. MA~'C7R ATTEST: City Clerk This instrument was prepared by: Susan A. Ruby, City Attorney 200 N.W.15` Avenue Delray Beach, Florida 33444 Res. No. Z 7-©9