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Res 10-11EITY OF DELRAY BEREH DELRAY BEACH 1 k I, 1 All-America City 1993 2001 CITY CLERK 100 N.W. 1st AVENUE 1811111111111111111111111111111 C;FN 20110359345 rCIR BK 24763 PG 1660 RECORDED 09/27/2011 11:05:25 Palm Beach County, Florida Sharon R. Bock, CLERK & COMP'TROLLE Pgs 1860 - 1867; (8p98) DELRAY BEACH, FLORIDA 33444 1 561/243 -7000 CERTIFICATION I, CHEVELLE D. NUBIN, CMC, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 10 -11, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 15th day of March 2011. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 28th day of July 2011. Chevelle D. Nubin, CMC City Clerk City of Delray Beach, Florida <: EA 41 A .�y �4 SERVICE - PERFORMANCE - INTEGRITY - RESPONSIBLE - INNOVATIVE - TEAMWORK RESOLUTION NO. 10 -11 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, 1 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 sub)ect 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 March 15, 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 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 alien shall be placed on said 2 Res. No. 10 -11 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 ADOPTED in regular session on this 15``' day of March, 2011. City Clerk 4).'o-SO4 MAY 6)LJ This instrument was prepared by: Brian Shutt, City Attorney 200 N.W. V Avenue Delray Beach, Florida 33444 Res. No. 10 -11 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT 2935 HAMPTON CIRCLE EAST ANDOVER SEC 2 LOT 92 PB 18245 PG 204 12 43 46 30 27 000 0920 CASE NBR 10 00001774 James and Christine Eulo 2935 Hampton Circle E Delray Beach, FL 33445 $ 188.75 Inv. No. 36193 $ 55.00 Admin Fee 511 NE 3RD AVENUE DEL IDA PARK N 14.6 FT OF LOT 8 & LOT 9, BLOCK 13 (DEL - IDA PARK HISTORIC DISTRICT) PCN 12 43 46 09 29 013 0081 CASE NBR 10 00004436 3rd Avenue Property LLC C /O: PETER SMITH 4261 Magnolia Street Palm Beach Gardens, FL 33418 $ 25.00 $ 268.75 $ 175.00 Inv. No. 35906 $ 55.00 Admin Fee $ 25.00 $ 255.00 2712 LAKE IDA ROAD DELRAY SHORES 1 ST ADD LOT 13 BLOCK 12 PCN 12 43 46 07 02 012 0130 CASE NBR 10 00005551 Emmanuela M. Presumey 2712 Lake Ida Road Delray Beach, FL 33445 $ 87.90 Inv. No. 36271 $ 55.00 Admin Fee $ 25.00 $ 167.90 336 SW 5TH AVENUE TOWN OF DELRAY N 50 FT OF S 206.4 FT OF E 135 FT OF BLOCK 24 PCN 12 43 46 16 01 024 0030 CASE NBR 10 00005665 Anthony Landrette Richard R. Bohlen 11145 Stone Creek Street Lake Worth, FL 33449 $ 144.00 Inv. No. 36198 $ 55.00 Admin Fee $ 25.00 $ 224.00 VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF } DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE RES NO. 10- 11.x1s 945 BANYAN DRIVE TROPIC ISLE 2ND SECTION LOT 177 PCN 12 43 46 28 02 000 1770 CASE NBR 10 00005888 SPBD % Steven Goldberg Tr 7491 N. Federal Hwy #S C5 315 Boca Raton, FL 33487 $ 129.50 Inv. No. 36197 $ 55.00 Admin Fee $ 25.00 $ 209.50 JEFFERSON ROAD COUNTRY CLUB ACRES 2ND ADD LOTS 68 & 69 PCN 12 42 46 13 03 000 0680 CASE NBR 10 00006400 Arturo Gutierrez 3621 NW 108th Drive Coral Springs, FL 33065 $ 189.50 Inv. No. 36185 $ 55.00 Admin Fee $ 25.00 $ 269.50 355 N CONGRESS AVENUE L L PARK OF COMMERCE REPL PAR B PCN 12 43 46 18 43 002 0000 CASE NBR 12 43 46 18 43 002 0000 Bently CKS, Inc. R/A Sam S. Caliendo 3350 Boca Raton Blvd. Boca Raton, FL 33431 $ 249.75 Inv. No. 36199 $ 55.00 Admin Fee $ 25.00 $ 329.75 113 SW 2ND STREET RESUB OF S 1/2 OF BLOCK 54 DELRAY LOTS 18 & 19 BLOCK 54 PCN 12 43 46 17 11 054 0180 CASE NBR 10 00008318 Howard and Elizabeth E. Rothman 150 Marine Way Delray Beach, FL 33483 $ 89.75 Inv. No. 36428 $ 55.00 Admin Fee $ 25.00 $ 169.75 VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE RES NO. 10- 11.x1s 31 32 34 RES NO. 10- 11.xls RESOLUTION NO. 10 -11 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 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 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 March 15, 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 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 alien shall be placed on said Res. No. 10 -11 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 alien 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 ADOPTED in regular session on this 15`h day of March, 2011. V City Clerk MAY This instrument was prepared by: Brian Shutt, City Attorney 200 N.W. 1" Avenue Delray Beach, Florida 33444 Res. No. 10 -11 PROPERTY DESCRIPTION OWNER ASSESSMENT 2935 HAMPTON CIRCLE EAST ANDOVER SEC 2 LOT 92 PB 18245 PG 204 12 43 46 30 27 000 0920 CASE NBR 10 00001774 James and Christine Eulo 2935 Hampton Circle E Delray Beach, FL 33445 $ 188.75 Inv. No. 36193 $ 55.00 Admin Fee $ 243.75 511 NE 3RD AVENUE DEL IDA PARK N 14.6 FT OF LOT 8 & LOT 9, BLOCK 13 (DEL - IDA PARK HISTORIC DISTRICT) PCN 12 43 46 09 29 013 0081 CASE NBR 10 00004436 3rd Avenue Property LLC C /O: PETER SMITH 4261 Magnolia Street Palm Beach Gardens, FL 33418 $ 175.00 Inv. No. 35906 $ 55.00 Admin Fee $ 230.00 20 NW 13TH AVENUE ODMANNS SUB LOT 12 BLOCK 1 PCN 12 43 46 17 28 001 0120 CASE NBR 10 00005030 Marih Hayes Estate % Willie Goodman Jr. 687 Pennington Avenue Trenton, NJ 08618 -3011 $ 79.25 Inv. No. 36183 $ 55.00 Admin Fee $ 134.25 2712 LAKE IDA ROAD DELRAY SHORES 1ST ADD LOT 13 BLOCK 12 PCN 12 43 46 07 02 012 0130 CASE NBR 10 00005551 Emmanuela M. Presumey 2712 Lake Ida Road Delray Beach, FL 33445 $ 87.90 Inv. No. 36271 $ 55.00 Admin Fee $ 142.90 VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE RES NO. 10- 11.x1s COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE 336 SW 5TH AVENUE TOWN OF DELRAY N 50 FT OF S 206.4 FT OF E 135 FT OF BLOCK 24 PCN 12 43 46 16 01 024 0030 CASE NBR 10 00005665 Anthony Landrette Richard R. Bohlen 11145 Stone Creek Street Lake Worth, FL 33449 $ 144.00 Inv. No. 36198 $ 55.00 Admin Fee $ 199.00 945 BANYAN DRIVE TROPIC ISLE 2ND SECTION LOT 177 PCN 12 43 46 28 02 000 1770 CASE NBR 10 00005888 SPBD % Steven Goldberg Tr 7491 N. Federal Hwy #S C5 315 Boca Raton, FL 33487 $ 129.50 Inv. No. 36197 $ 55.00 Admin Fee $ 184.50 JEFFERSON ROAD COUNTRY CLUB ACRES 2ND ADD LOTS 68 & 69 PCN 12 42 46 13 03 000 0680 CASE NBR 10 00006400 Arturo Gutierrez 3621 NW 108th Drive Coral Springs, FL 33065 $ 189.50 Inv. No. 36185 $ 55.00 Admin Fee $ 244.50 5288 NW 5TH COURT PINE TRAIL SEC 4 LOT 22 (LESS ELY 41.7 FT) BLOCK 8 PCN 12 42 46 12 12 008 0221 CASE NBR 10 00006549 HSBC Bank USA Nat Assn Tr 3476 Stateview Blvd Ft Mill, SC 29715 $ 69.75 Inv. No. 36195 $ 55.00 Admin Fee $ 124.75 355 N CONGRESS AVENUE L L PARK OF COMMERCE REPL PAR B PCN 12 43 46 18 43 002 0000 CASE NBR 12 43 46 18 43 002 0000 Bently CKS, Inc. R/A Sam S. Caliendo 3350 Boca Raton Blvd. Boca Raton, FL 33431 $ 249.75 Inv. No. 36199 VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE $ 55.00 Admin Fee $ 304.75 RES NO. 10- 11.xls COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE NW 9TH AVENUE TOURIST NOOK DELRAY LOT 10 BLOCK B PCN 12 43 46 17 25 002 0100 CASE NBR 10 00006964 Courtyard Rio Properties, Inc. R/A Mizner Property Mngt 1908 NW 4th Avenue #112 Boca Raton, FL 33432 $ 161.00 Inv. No. 36200 $ 55.00 Admin Fee $ 216.00 501 LINDELL BLVD TROPIC PALMS PLAT NO 1 LOT 55 PCN 12 43 46 29 02 000 0550 CASE NBR 10 00006989 Alexander Linsky 2200 S Ocean Blvd #504 Delray Beach, FL 33483 $ 87.50 Inv. No. 36190 $ 55.00 Admin Fee $ 142.50 113 SW 2ND STREET RESUB OF S 1/2 OF BLOCK 54 DELRAY LOTS 18 & 19 BLOCK 54 PCN 12 43 46 17 11 054 0180 CASE NBR 10 00008318 Howard and Elizabeth E. Rothman 150 Marine Way Delray Beach, FL 33483 $ 89.75 Inv. No. 36428 $ 55.00 Admin Fee $ 144.75 413 SW 15TH AVENUE CARVER PARK LOT 10 BLOCK 3 PCN 12 43 46 17 41 003 0100 CASE NBR 10 00008184 Lizzie McDowell 1772 NE 6th Avenue Pompano Beach, FL 33060 $ 109.75 Inv. No. 36266 $ 55.00 Admin Fee $ 164.75 14960 WHATLEY ROAD COUNTRY CLUB ARCES 1ST ADD LOT 34 (LESS S 1/2) & S 37.5 FT OF LOT 35 PCN 12 42 46 13 02 000 0341 CASE NBR 10 00007743 CASE NBR 10 00007738 Grayhawk Development Corp 9202 Olmstead Drive Lake Worth, FL 33467 $ 107.75 Inv. No. 36421 $ 55.00 Admin Fee $ 93.50 Inv. No. 36421 $ 55.00 Admin Fee VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE $ 311.25 RES NO. 10- 11.xls 502 HERON DRIVE TROPIC PALMS PLAT NO 1 LOT 112 PCN 12 43 46 29 02 000 1120 CASE NBR 10 00007473 Keith and Heidi Johnson 502 Heron Drive Delray Beach, FL 33444 $ 99.70 Inv. No. 36425 $ 55.00 Admin Fee $ 154.70 1107 SW 7TH AVENUE RIDGEWOOD HEIGHTS DELRAY N 35 FT OF LOT 3 BLOCK D PCN 12 43 46 20 20 004 0032 CASE NBR 10 00007466 Pinot IV LLC Department 5193 P.O. Box 2153 Birmingham, AL 35290 $ 109.75 Inv. No. 36535 $ 55.00 Admin Fee $ 164.75 116 SW 8TH AVENUE LINCOLN PARK DELRAY LOT 40 PCN 12 43 46 17 38 000 0400 CASE NO. 10 00004687 Maglorie R. and Marie R. Isaac 7190 Davit Circle Lake Worth, FL 33467 $ 78.88 Inv. No. 36531 $ 55.00 Admin Fee $ 133.88 563 NW 46TH AVENUE PINE TRAIL SEC 1 N 1/2 OF LOT 9 BLOCK 1 PCN 12 42 46 12 07 001 0091 CASE NO. 10 00006996 Bernadette Francois 830 SE 2nd Avenue Delray Beach, FL 33483 $ 79.80 Inv. No. 36532 $ 55.00 Admin Fee $ 134.80 316 SW 4TH AVENUE TOWN OF DELRAY LOTS 4 & 24 BLOCK 32 PCN 12 43 46 16 01 032 0040 CASE NO. 10 00007417 Felix and Eugene Bethel P.O. Box 361 Carteret, NJ 07008 $ 109.75 Inv. No. 36277 $ 55.00 Admin Fee VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE $ 164.75 RES NO. 10- 11.xls COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE 41 SW 7TH AVENUE TOWN OF DELAY S 55 FT OF N 540 FT OF W 135 FT OF BLOCK 13 James Gross 3646 Blue Dawn Drive North Las Vegas, NV 89032 $ 71.50 Inv. No. 36534 $ 55.00 Admin Fee $ 126.50 VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE RES NO. 10- 11.x1s Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 8, 2011 SUBJECT: AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF MARCH 15.2011 RESOLUTION NO. 10 -I1 Page 1 of 1 ITEM BEFORE COMMISSION This is a resolution assessing costs for abatement action required to remove nuisances on 20 properties throughout the City. BACKGROUND The resolution sets forth the actual costs incurred the properties if the assessments remain unpaid. RECOMMENDATION Recommend approval of Resolution No. 10 -11. http: // itwebapp/ Agendalntranet /Bluesheet.aspx ?Iten RESOLUTION NO. 10 -11 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. WHE RE AS, 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 -tuw (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 asst against said property; and WHE RE AS, 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 nuisances) 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 assessrr -ents in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the Citys 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 owners) 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 March 15, 2011 meeting has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessmient 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 attorrmeys 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 alien shall be placed on said Res. No. 10 -11 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 proceeding3 including a reasonable attorneys 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 alien 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 attorneys fee. ATTEST: PASSED AND ADOPTE D in regular session on this 15'h day of March, 2011. City Clerk MAYOR This instrument was prepared by: Brian Shutt, City Attorney 200 N.W. 181 Avenue Delray Beach, Florida 33444 Res. No. 10 -11