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Res 30-10— EITY OF DELRAY BEREH DELRAY BEACH CITY CLERK 100 N.W. 1st AVENUE All-America City 1 1993 2001 CERTIFICATION I -F c/; -n �- rte- ;TI M `, T r.f DELRAY BEACH, FLORIDA 33444 561/243 -7000 ��- r'- �t rn —4 cn C-) 0 01 t� 3 CERTIFICATION I -F I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do hereby r;, certify that the attached document is a true and correct copy of Resolution No. ''i 30 -10 as the same was passed by the Delray Beach City Commission in regular CAT session on the 11th day of May 2010. rt 0 IN WITNESS WHEREOF, I have hereunto set my hand and the official ,M seal of the City of Delray Beach, Florida, on this the 10th day of November, 2010. r•} 3 4 Chevelle D. Nubin, CIVIC � City Clerk City of Delray Beach, Florida cJ r� SERVICE - PERFORMANCE - INTEGRITY - RESPONSIBLE - INNOVATIVE - TEAMWORK cn C` 4s '71 SJ �' rte- �J M i-1'1 T r.f I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do hereby r;, certify that the attached document is a true and correct copy of Resolution No. ''i 30 -10 as the same was passed by the Delray Beach City Commission in regular CAT session on the 11th day of May 2010. rt 0 IN WITNESS WHEREOF, I have hereunto set my hand and the official ,M seal of the City of Delray Beach, Florida, on this the 10th day of November, 2010. r•} 3 4 Chevelle D. Nubin, CIVIC � City Clerk City of Delray Beach, Florida cJ r� SERVICE - PERFORMANCE - INTEGRITY - RESPONSIBLE - INNOVATIVE - TEAMWORK cn C` 4s '71 SJ �' r� SERVICE - PERFORMANCE - INTEGRITY - RESPONSIBLE - INNOVATIVE - TEAMWORK cn C` 4s '71 SJ �' RESOLUTION NO. 30 -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 alien 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 May 11, 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 2 Res. No. 30 -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 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 11`h day of May, 2010. 4 MAYO ATTEST: City Clerk This instrument was prepared by: Brian Shutt, City Attorney 200 N.W. 1" Avenue Delray Beach, Florida 33444 Res. No. 30 -10 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT 709 N. LAKE AVENUE LA HACIENDA DELRAY LOT 5 & 8 FT ABND ALLEY LYG N O F & ADJ TO BLOCK C PCN 12 43 46 09 11 003 0050 CASE NBR 09 00104378 Todd Campbell and Victoria Bostain 709 Lake Avenue N Delray Beach, Florida 33483 $ 250.00 Inv. No. 35357 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 330.00 3850 LOWSON BLVD SHERWOOD PARK E 75 FT OF LOT 4 & W 50 FT OF LOT 5 BLOCK 6 PCN 12 42 46 24 01 006 0042 CASE NBR 09 00108251 Michelle C. Cobb and Geoffrey D. Cobb 3850 Lowson Blvd. Delray Beach, Florida 33445 $ 175.00 Inv. No. 35358 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 255.00 537 NW 51 ST AVENUE PINE TRAIL SEC 4 LOT 10 (LESS NLY 42.51 FT) BLOCK 9 PCN 12 42 46 12 12 009 0102 CASE NBR 09 00108882 Daphney A. Fleurant 537 NW 51st Avenue Delray Beach, Florida 33445 $ 135.00 Inv. No. 35353 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 215.00 3512 BLVD CHATELAINE CHATELAINE NO. 1 LOT 4, BLOCK 4 PCN 12 42 46 12 03 004 0040 CASE NBR 10 00000072 Jimmy Martinez 3512 Blvd Chatelaine Delray Beach, Florida 33445 $ 59.25 Inv. No. 35417 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 139.25 213 SW 6TH AVENUE TOWN OF DELRAY LOT 16, BLOCK 23 PCN 12 43 46 16 01 023 0160 CASE NBR 09 00108571 Michael Steinbach 3000 Whitney Avenue #118 Hamden, CT 06518 -2353 $ 100.00 Inv. No. 35354 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 180.00 509 CURLEW ROAD TROPIC PALMS PLAT NO 1 LOT 264 PCN 12 43 46 29 02 000 2640 CASE NBR 10 00000294 Del Flore Thomas and Juliana Thomas P.O. Box 1269 Boynton Beach, Florida 33425 -1269 $ 39.50 35415 VIOLATION IS: SECTION 100.01 — LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTIONS HAZARDS; DECLARED NUISANCE $ 55.00 Admin Fee $ 25.00 Admin Fee $ 119.50 RES NO. 30- 10.x1s COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT 623 SW 10TH STREET DELRAY MANOR ADD TO DELRAY LOT 7 & W 1/2 OF LOT 8 Maria Tobito PCN 12 43 46 20 12 000 0070 623 SW 10th Street CASE NBR 10 00000138 Delray Beach, Florida 33444 $ 79.00 Invoice No. 35418 $ 55.00 lAdmin Fee VIOLATION IS: SECTION 100.01 — LAND TO BE KEPT FREE OF DEBRIS, $ 25.00 Admin Fee $ 159.00 VEGETATION, AND MATTER CONSTITUTIONS HAZARDS; DECLARED NUISANCE RES NO. 30- 10.xls Page I of I TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 5, 2010 • I SUBJECT: AGENDA ITEM S.N. -REGULAR COMMISSION MEETING OF MAY 11, 2010 RESOLUTION NO. 30-10 ITEM BEFORE COMMISSION This is a resolution assessing costs for abatement action required to remove nuisances on ten (10) 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. 30 -10. http://miwebOOI/Agendas/Bluesheet.aspx?ltemID--3302&MeetingID=257 5117/2010 RESOLUTION NO. 30-10 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 alien 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 May 11, 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 alien 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. 30 -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 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. ATTEST: PASSED AND AD013TED in regular session on this 11"' day of May, 2010. This instrument was prepared by: Brian Shutt, City Attorney City Clerk 200 N.W. 1" Avenue Delray Beach, Florida 33444 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT 51-1 NW 50th AVENUE PINE TRAIL SEC 3 FINAL PL LOT 8 (LESS SLY 50 FT) BLOCK 6 PCN 12 42 46 12 09 006 0081 CASE NBR 09 00108942 Patricia A. Besson Trust c/p Peter Besson 51 St. Clair Street Ticonderoga, NY 12883 $ 79.00 Inv. No. 35416 $ 55.00 lAdmin Fee $ - 1 $ 134.001 709 N. LAKE AVENUE LA HACIENDA DELRAY LOT 5 & 8 FT ABND ALLEY LYG N 0 F & ADJ TO BLOCK C PCN 12 43 46 09 11 003 0050 CASE NBR 09 00104378 Todd Campbell and Victoria Bostain 709 Lake Avenue N Delray Beach, Florida 33483 $ 250.00 Inv. No. 35357 $ 55.00 Admin Fee $ 305.00 3850 LOWSON BLVD SHERWOOD PARK E 75 FT OF LOT 4 & W 50 FT OF LOT 5 BLOCK 6 PCN 12 42 46 24 01 006 0042 CASE NBR 09 00108251 Michelle C. Cobb and Geoffrey D. Cobb 3850 Lawson Blvd. Delray Beach, Florida 33445 $ 175.00 Inv. No. 35358 $ 55.00 Admin Fee $ 230.00 537 NW 51ST AVENUE PINE TRAIL SEC 4 LOT 10 (LESS NLY 42.51 FT) BLOCK PCN 12 42 46 12 12 009 0102 CASE NBR 09 00108882 Daphney A. Fleurant 537 NW 51st Avenue Delray Beach, Florida 33445 $ 135.00 Inv. No. 35353 $ 55.00 Admin Fee $ 190.00 125 SW 9TH STREET BELLVIEW COURT LOTS 12 & 13 PCN 12 43 46 20 15 000 0120 CASE NBR 09 00106371 Dulcie Hudson 125 SW 9th Street Delray Beach, Florida 33444 $ 150.00 Inv. No. 35355 $ 55.00 -Admin Fee $ 205.00 VIOLATION IS: SECTION 100.01— LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTIONS HAZARDS; DECLARED NUISANCE RES NO. 30-10.xIs COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT 3512 BLVD CHATELAINE CHATELAINE NO. I LOT 4, BLOCK 4 PCN 12 42 46 12 03 004 0040 CASE NBR 10 00000072 Jimmy Martinez 3512 Blvd Chatelaine Delray Beach, Florida 33445 $ 59.25 Inv. No. 35417 $ 55.00 Admin Fee $ - 1 $ 114.251 S DIXIE HWY SILVER TERRACE DELRAY LOTS 1 & 2, BLOCK 2 PCN 12 43 46 21 13 002 0010 CASE NBR 09 00107731 Teresita Rivera 638 Snug Harbor Drive #E-1 Boynton Beach, Florida 33435-6150 $ 100.00 Inv. No. 35356 $ 55.00 lAdmin Fee $ - I $ 155.00 213 SW 6TH AVENUE TOWN OF DELRAY LOT 16, BLOCK 23 PCN 12 43 46 16 01023 0160 CASE NBR 09 00108571 Michael Steinbach 3000 Whitney Avenue #118 Hamden, CT 06518-2353 $ 100.00 Inv. No. 35354 $ 55.00 Admin Fee $ - Admin Fee $ 156.00 509 CURLEW ROAD TROPIC PALMS PLAT NO 1 LOT 264 PCN 12 43 46 29 02 000 2640 CASE NBR 10 00000294 - Del Flore Thomas and Juliana Thomas P.O. Box 1269 Boynton Beach, Florida 33425-1269 $ 39.50 35415 $ 55.00 Admin Fee $ 94.50 623 SW 10TH STREET DELRAY MANOR ADD TO DELRAY LOT 7 & W 1/2 OF LOT 8 PCN 12 43 46 20 12 000 0070 CASE NBR 10 00000138 Maria Tobito 623 SW 10th Street Delray Beach, Florida 33444 $ 79.00 Invoice No. 35418 $ 55.00 Admin Fee $ 134.00 VIOLATION IS: SECTION 100.01 — LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTIONS HAZARDS; DECLARED NUISANCE RES NO, 30-10,xls