Res 07-11RESOLUTION NO. 07-11
A RESOLUTION OF THE QTY COMMISSION OF THE QTY OF
DELRAY BEACH, FLORIDA, PURSUANT TO C~-IAI'TER 100 OF THE
CODE OF ORDINANCES OF THE QTY OF DELRAY BEACH,
ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE QTY OF DELRAY BEACH AND
PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE
NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS
INCURRED BY THE QTY 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 ALIEN 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 detern~ined that a nuisance existed in accordance with the standards set forth in Chapter 100
of the Code of Ordinances, and did ftunish the respective ownex(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 (~
days from the date of said notice (fort 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 ~wuld proceed to correct this condition by abating such
nuisance, and that the cost thereof ~wuld be levied as an assessrrient 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 P-drriinistration 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; anti,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter
100 of the Code of Ordinaiues of the City of Delray Beach, submitted to the City Commission a
report of the costs incun~ci in abating said nuisance(s) as aforesaid, said report indicating the costs
per parcel of ]and involved; and,
WHEREAS, the City Commission of the City of Delray Beach, puusuant to Chapter
100 of the Code of Orduiances desires to assess the cost of said nuisance(s) ag~irtist said property
owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE QTY COMNIISSION OF
THE QTY 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 Cit~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 arrount(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 mariner as mortgages and foreclosures are
tinder state law
Section 2. That such assessments shall be legal, valid and binding obligations upon the
properly against which said assessmnts are levied
Section 3. That the City Qerk of the City of Delray Beach is hereby directed to
irruriediately 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 Comrriission of the City of Delray
Beach at the February 1, 2011 ireeting has levied an assessment against said property for the cost of
abatement of said ntusance by the City, and that said assessrneilt is due and payable within thirty (30)
days after the mailing date of said notice of assessrrent, after which a lien shall be placed on said
properly, and interest will accrue at the rate of 8% per annum, plus reasonable attome~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 assessirient(s), after which a lien shall be placed on said
Res. No. 07-1 l
property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection
proceedirigS 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 attome~s fee.
PASSED AND ADOPTED in regular session on this 1~ dayof February, 2011.
' `~~1
MAY
ATTEST:
City Clerk
This instrument was prepared by:
Brian Shutt, City Attorney
200 N.W. 1"` Avenue
Delray Beach, Florida 33444
3
Res. No. 07-11
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
921 BANYAN DRIVE
TROPIC ISLE 2ND SECTION
LOT 171
PCN 12 43 46 28 02 000 1710
CASE NBR 10 00007455
Paul D. Lapidus
1520 Lands End Road
Lake Worth, Florida 33462
71.50
nv. No. 36278
$ 55.00 Admin Fee
$ 126.50
6 SW 4TH AVENUE
TOWN OF DELRAY
LOTS 4 & 24 BLOCK 32
PCN 12 43 46 16 01 032 0040
CASE NBR 10 00007417 Felix Bethel
Sarah Bethel
Eugene Bethel
Valencia S. Spells
Agatha E. Stubbs
Christopher E. Stubbs
Glenroy Stubbs
Harry E. Stubbs
Rochelle D. Williams
Beverly S. Wilson
P.O. Box 361
Carteret, NJ 070008
09.75
v. No. 36277
$ 55.00 Admin Fee
$ 164.75
213 SW 6TH AVENUE
TOWN OF DELRAY
LOT 16 BLOCK 23
12 43 46 16 01 023 0160
CASE NO. 10 00004715
CASE NO. 10 00007419
ichael Steinbach
3000 Whitney Avenue #118
Hamden, CT 06518-2353
79.00
nv. No. 36270
$ 55.00 Admin Fee
$ 119.75
$ 55.00 Admin Fee
$ 308.75
E OF DEBRIS
,
VIOLATION IS: SECTION 100.01- LAND TO BE KEPT FRE
VEGETATION, AND MATTER CONSTITUTIONS HAZARDS; DECLARED
NUISANCE
RES NO. 07-11.x1s
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: January 26, 2011
SUBJECT: AGENDA ITEM 8 H -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011
RESOLUTION NO. 07-11
Page 1 of 1
ITEM BEFORE COMMISSION
This is a resolution assessing cost for abatement action required to remove nuisances on three (3)
properties throughout the City.
BACKGROUND
The resolution sett forth the actual cost incurred and provides the mechanisim to attach liens against the
properties in the even the assessments remain unpaid.
RECOMMENDATION
Recommend approval of Resolution No. 07-11.
h eb ge e e hee e ~ ~~
RESOLUTION NO. 07-11
A RESOLUTION OF THE QTY COMMISSION OF THE QTY OF
DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE
CODE OF ORDINANCES OF THE QTY OF DELRAY BEACH,
ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE QTY OF DELRAY BEACH AND
PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE
NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS
INCURRED BY THE QTY 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 ALIEN 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 e~dstence of a nuisance upon certain lots or
parce]s 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, purstaant 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 detemriried that a nuisance e~asted 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 (~
days from the date of said notice (fort 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 e~asted within five (5) days from the date of delivery of said notice,
failing which the City of Delray Beach wauld proceed to correct this condition by abating such
nuisance, and that the cost thereof wauld be levied as an a>sessrnent 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) e~dsting 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 Orclinances, or if the property owner(s) did necP.~est 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 inctured costs in abating the subject
nuisance(s) e~dsting 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 inctured u1 abating said nuisance(s) as aforesaid, said report indicating the costs
per parcel of ]and 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 QTY COMNIISSION OF
THE QTY 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 Cites 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 oracle a part hereof, are hereby levied against the parcel(s) of land described in said report
and in the arrount(s) indicated thereon Said assessn~lts 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 February 1, 2011 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 attome~s fees and
other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of
AssesSrrx~nt 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
Res. No. 07-1 1
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 attorneys fee.
Section 5. That in the event that payment has not been received by the City Qerk
within thirty (30) days after the mailing date of the notice of assessrr~lt, the City Qerk 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 abatermnt, interest at the
rate of 8%, and collection costs including a reasonable attome~s fee.
PASSE D AND ADOPTED in regular session on this 1~` day of February, 2011.
MAYO R
ATTEST:
City Qerk
This instrument was prepared by:
Brian Shutt, Ciry Attorney
200 N.W. 18` Avenue
Delray Beach, Florida 33444
Res. No. 07-11