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DELRAY BEACH C I TY C L E R K
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'~~'~`~'~`~ CERTIFICATION Y
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I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do hereby '~ }
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certify that the attached document is a true and correct copy of Resolution No.
18-10 as the same was passed by the Delray Beach City Commission in regular `.'~
session on the 20th day of April 2010. ,=;
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IN WITNESS WHEREOF, I have hereunto set my hand and the official !~~
seal of the City of Delray Beach, Florida, on this the 10th day of November, 2010. ;::~
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Chevelle D. Nubin, CMC ~~'
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City Clerk "'
City of Delray Beach, Florida '~F
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SERVICE ' PERFORMANCE ' INTEGRITY ' RESPONSIBLE ' INNOVATIVE ' TEAMWORK
RESOLUTION NO. 18-10
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 WITHIN 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 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 Ciry Manager or his designated representative has, pursuant to
Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots 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 Dekay 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, 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 Ciry of Delray Beach, through the Ciry 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,
WHEREAS, 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 Ciry Commission a
report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs
per parcel of land involved; and,
WHEREAS, 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 Ciry 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 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 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 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.
Section 3. That the Ciry 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 Ciry of Delray
Beach at the April 202010, 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% 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 assessment(s) contained herein shall become due and payable thirty (30) days after
Res. No. 18-10
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 Ciry 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.
PASSED AND ADOPTED in regular session on this 20`~ day of April, 2010.
MAYO
ATTEST:
\"Wl~
Ciry Clerk
This instrument was prepared by:
Brian Shutt, City Attorney
200 N.W.18` Avenue
Dekay Beach, Florida 33444
Res. No. 18-10
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
Sundy Avenues
fHRIDGE PL 1 & 2
fHRIDGE LOT 11 & NELY 12.5 FT OF LOT 12
;K 7
12 43 46 20 13 007 0110
NBR 09 00103415 CUST NO. 13210
2414 Sundy Avenue
SOUTHRIDGE PL 1 & 2
SOUTHRIDGE LOT 8 BLOCK 7
PCN 12 43 46 20 13 007 0080
CASE NBR 09 00107113 CUST NO. 13209
133 SW 11th Avenue
ATLANTIC GARDENS DELRAY IN
LOT 9 BLOCK 9
PCN 12 43 46 17 23 009 0090
CASE NBR 09 00105485 CUST NO. 13208
Ronald and Linda Swint
2426 Sundy Avenue
Delrav Beach. Florida 33444
Donielle S. Morgenstern
324 Maryland Avenue NE
Washington, DC 20002-5172
Paul Collins
44-305 Mikiola Drive #1 1st FL
Kaneohe, HI 96744-6046
or
624 Allen Avenue Apt. 6
Delray Beach, Florida 33483
$ 70.75 'Inv. No. 35304
$ 55.00 Admin Fee
$ 25.00 ..Admin Fee
$ 150.75
$ 31.25 Inv. No. 35303
$ 55.00 (Admin Fee
$ 25.00 Admin Fee _
$ 111.25
$ 149.25 Inv. No. 35302
$ 55.00 Admin Fee
$ 25.00 ,Admin Fee
$ 229.25
425 SW 7th Avenue
SUB OF SEC 20-46-43
N50FTOFS150FTOFE140FTOFW495FTOF'
N 1/2 OF LOT 1 ,Lisa Rochester and Phyllis Dunkley
PCN 12 43 46 20 01 001 0230 ~ 1320 NW 159th Lane
CASE NBR 09 00106043 CUST NO. 13207 Pembroke Pines, Florida 33028 $ 90.50 Inv. No. 35301
_ $ 55.00 Admin Fee
- - - ~ _ - $ 25.00 ,Admin Fee-
$ 170.50
(CARVER PARK IN LOT 21 BLOCK 1
PCN 12 43 46 17 41 001 0210
CASE NBR 09 00106650 CUST NO. 13206
Francois Farah
9745 Roche Place
West Palm Beach, Florida 33414
VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE
OF DEBRIS, NEGATION, MATTER CONSTITUTING HAZARDS; DECLARED
NUISANCE
$ 80.25 Ilnv. No. 35300
$ 55.00 Admin Fee
$ 25.00 Admin Fee
$ 160.25
RES NO. 18-10.x1s
COST OF ABATING NUISANCES UNDER CHAPTER 100
' OF THE CODE OF ORDINANCE
Haitian American Community 610 SE
Pierre-Louis, Lala
1176 Baratta Place
610 SE 2nd Avenue Lake Worth, Florida 33462
OSCEOLA PARK IN LOT 40 BLOCK 7 or
PCN 12 43 46 21 01 007 0400 600 N. Congress Avenue #550
CASE NBR 09 00102818 CUST NO. 13205 Delray Beach, Florida 33445 $ 205.75 i Inv. No. 35299
$ 55.00 Admin Fee
_ $ 25.00 Admin Fee
_ _ _ _ - $ 285.75 I
413 SW 15th Avenue
CARVER PARK IN LOT 10 BLOCK 3 Lizzie McDowell
PCN NO. 12 43 46 17 41 003 0100 413 SW 15th Avenue
CASE NBR 09 00106164 CUST NO. 3987 Delray Beach, Florida 33444 $ 92.00 ' 35292
$ 55.00 ( Admin Fee
$ 25.00 Admin Fee
$ 172.00. _
VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE
OF DEBRIS, NEGATION, MATTER CONSTITUTING HAZARDS; DECLARED
NUISANCE -
RES NO. 18-10.x1s
Page 1 of 1
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: Apri19, 2010
SUBJECT: AGENDA ITEM 8 F -REGULAR COMMISSION MEETING OF APRIL 20.2010
RESOLUTION NO. 18-10
ITEM BEFORE COMMISSION
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 cost incurred and provides the mechanism to attach liens against the
properties in the event the assessment remains unpaid.
RECOMMENDATION
Recommend approval of Resolution No. 18-10.
http://miweb001/Agendas/Bluesheet.aspx?ItemID=3224&MeetingID=256 4/21/2010
RESOLUTION NO. 18-10
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 WITHIN 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 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 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots 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 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, 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,
WHEREAS, 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 Commission a
report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs
per parcel of land involved; and,
WHEREAS, 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 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 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 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.
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 at the A riQ 1 20, 2010, 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% 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 assessment(s) contained herein 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.
PASSED AND ADOPTED in regular session on this 20`~ day of April' 2010.
MAYOR
ATTEST:
This instrument was prepared by:
Brian Shutt, City Attorney
City Clerk 200 N.W. 18` Avenue
Delray Beach, Florida 33444
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASS ESSMENT
2426 Sundy Avenues
SOUTHRIDGE PL 1 & 2
SOUTHRIDGE LOT 11 & NELY 12.5 FT OF LOT 12
BLOCK 7
PCN 12 43 46 20 13 007 0110
CASE NBR 09 00103415 CUST NO. 13210
onald and Linda Swint
2426 Sundy Avenue
Delray Beach, Florida 33444
0.75
v. No. 35304
$ 55.00 Admin Fee
$ 125.75
2414 Sundy Avenue
SOUTHRIDGE PL 1 & 2
SOUTHRIDGE LOT 8 BLOCK 7
PCN 12 43 46 2013 007 0080
CASE NBR 09 00107113 CUST NO. 13209 Donielle S. Morgenstern
324 Maryland Avenue NE
Washington, DC 20002-5172
31.25
nv. No. 35303
$ 55.00 Admin Fee
$ 86.25
133 SW 11th Avenue
ATLANTIC GARDENS DELRAY IN
LOT 9 BLOCK 9
PCN 12 43 46 17 23 009 0090
CASE NBR 09 00105485 CUST NO. 13208 Paul Collins
44-305 Mikiola Drive #1 1st FL
Kaneohe, HI 96744-6046
or
624 Allen Avenue Apt. 6
Delray Beach, Florida 33483
149.25
nv. No. 35302
$ 55.00 Admin Fee
$ 204.25
425 SW 7th Avenue
SUB OF SEC 20-46-43
N50FTOFS150FTOFE140FTOFW495FTOF
N 1/2 OF LOT 1
PCN 12 43 46 20 01 001 0230
CASE NBR 09 00106043 CUST NO. 13207
isa Rochester and Phyliss Dunkley
1320 NW 159th Lane
Pembroke Pines, Florida 33028
90.50
nv. No. 35301
$ 55.00 Admin Fee
$ 145.50
1511 SW 3rd Court
CARVER PARK IN LOT 21 BLOCK 1
PCN 12 43 46 17 41 001 0210
CASE NBR 09 00106650 CUST NO. 13206
Francois Farah
9745 Roche Place
West Palm Beach, Florida 33414
80.25
nv. No. 35300
$ 55.00 Admin Fee
$ 135.25
VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE
_
OF DEBRIS, NEGATION, MATTER CONSTITUTING HAZARDS; DECLARED
NUISANCE
RES NO. 18-10.x1s
1292
RES NO. 18-10.x1s