Res 13-11I~Nb~IIIIINI~III~fl~IIIIIII~aMl~llllllll
CFI~I 0110209656
OR SK 24566 PG 1899
RECORDED 06/08/2011 13:33:12
Palm Beach County, Florida
RESOLUTION NO. 13-~haron R. Bock, GLERK >~ CO![PTROLLER
Pgs 1899 - 1905; (7pgs1
:1 Rl?SO1.C''I'ION Ol~ 'I'I-ili CI'I1' COMMISSION OF 'T'HE CI"I~` OF
DI~,I.RA~' Bf~.ACH, I~I.ORIDA, I'[~RS~'ANT "1'O CHAI'TI~~?R 100 OF "1Hh.
COllI? OI' ORDIN,1NCi?S Ol; "1'HI? CI"I'Y OF U}?I.RAY BEACH,
ASSESSING COS"1'S I~OR :ABATING NUISANCES UPON Cf?R"PAIN
1.:AND(S) LOCrV'I'1~:1) WI'T'HIN "l'Hf~, CI1~' OF' DEI,RA~' BEACH AND
PKOVII)ING '1'HA"1' ."\ NO1'1CI'. OI~ I.II~.N Sf-~;\LL .~~000MPANY THE
NO"I'IC}~: OF :\SSI?.SSMF.N"I'; SI~:1'I'ING OU"I' AC"I'L!AL COS"I'S
1NCt'RRI~"1) B1" "I'I II•: CI1T "1'O .ACC;O~~il'1,ISH SUCH ABA"YEMEN"1' AND
l.l~.A'l'IN(; "I'HI COST OI~ SU(;FI .~BA'I~}~:hI1~.N"I' OI' NUIS~\N(;ES;
PROVIDING I~OR ;AN l~:I~l~l?C'1'I~'I~" 1)rV"I'I~. ;AND FOR ,=\ DUh: UA"I'E
\ND IN'1'I•:Rh:S"l' ON :1SSl~:SS;~11~;N"I'S; PRO~'ID[NG FOR "I'HE
RI~:(:ORDINC; OI' "('H[S RI?SOI"l`"1~ION, ;ANI) UL~;CL:~\RING SAID LEVY
"1'C) B[: .-\ l,II~.N UPON "l'Hl~; SUB)1_?CT PROPER"I~r' FOR UNPAID
WHEREAS, the City Manager or lus dcsigrtated representative has, pursuant to
Chapter 111(1 of the (;ode 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 10(1.21 and 100.22 of the Code of Ordinances of
the Cite of Dclriv Beach, the City i~4anager 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 lU0 of the Code of Urdinances, and did furnish the respective owner(s) of [he land(s)
described in the attached list with written notice of public nuisance pursuant to Sections 100.21 and
1(1(1.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that
wuhin seven (7) da~•s from the date of said nonce (forty-two (~2) days in the case of violation of
Srcri~ m 1 UU.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
~>f said notice, failing which the (;itv 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
pre ~pcrt} :and,
WHEREAS, the propert)~ 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 ;- 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 Citti~ of Delray Beach, through the City ;ldtninistration or such
agents or contractors hired b}- the City :Administration was therefore required to and did entex 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 Ciry ,tilanager of the Ciry of Delra}• Beach has, pursuant to Chapter
111(1 of the (:ode of Ordinances of the City of Delray Beach, submitted to the City Commission a
report of the costs incurred in abating said nwsance(s) as aforesaid, said report indicating the costs
per parcel of land involved; and,
WHEREAS, the Ciry Commission of the City of Delray Beach, pursuant to Chapter
I UU of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property
c~wncr(s),
NOVG', "1'1ll~aZ}~,I~ORI~,, 81~: I"I' RI~.~OI,~'I;U B1' 'I'I-il~. CI`l1' CO(v4M[SSION OF
l~l il~: CI'1'1' OI~ D1•:I.R;A1" Bl•:;A(;H. }~I.ORID:A, .~\~ I~OLI,OWS:
~on 1. 'That assessments u~ the individual amounts as shown by the report of the
(;ih~ h'tanager of the City of Delrav Beach, Involving the Cit}-'s cost of abating the aforesaid
nuisances upon the. lots or parcels of land described in said report, a cop}' of which is attached
hereto and made a Dart herec,f, are hereb~~ 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 dec. 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 cite taxes and shall be cc,llcctiblc in the same manner as mortgages and foreclosures are
under state law.
Section 2. 't'hat such assessments shall be legal, valid and buiduig obligations upon
the. property against which said assessments arc levied.
Section 3. That the Cit~• Clerk of the City of Delra~~ 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 'l'ax :\ssessor, notice(s) that the City Commission of the City of Delray
Beach at the April 19, 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
propert~•, and interest will accrue at the rate of ~°~~ per annum, plus reasonable attorney's fees and
other costs of collecting said sutns. ;\ Notice of lien shall be mailed, along with the Notice of
Assessment and this resolution.
i n "That this resolution shall become effective thirty- (30) days from the date
of adoption and the asscsstnent(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. 13-I I
1 l
property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection
proceedings arc necessary, the costs of such proccedulgs including a reasonable attorney's fee.
ection 5. 'T'hat in the event that payment has not been received b}~ the City Clerk
within thirty (30) davs 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 tune 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.
I';\SSI~,I) .AND :~1llOP'I'}~;1) in regular session on this Z1" day of April, 2011.
MAY(
Ciro Clerk
This instrument was prepared by:
Brian Shutt, City Attorney
7(1(1 N W 1"` Avrnnr
vIENT
Jo. 36768
i Fee
Jo. 36278
n Fee
Jo. 36592
_ __.__ .._....n Fee
S 149.80
268 NE 13TH STREET
DELL PARK
E 49 FT OF W 98 FT OF LOTS 1 THRU 3
BLOCK 4
PCN 12 43 46 09 28 004 0012
CASE NBR 10 00008912
Marie A. Burkhardt and
Monica Alonso
204 Montgomery Street
Bloomfield, NJ 07003-4926
55.00
nv. No. 36589
$ 55.00 Admin Fee
S 110.00
1314 SW 22ND AVENUE
DELRAY BEACH HIGHLANDS SEC 3
LOT 8 BLOCK 8
PCN 12 43 46 19 04 008 0080
CASE NBR 10 00009039
Jorge Vidaure
1314 SW 22nd Avenue
Delra Beach, FL 33445
101.50
nv. No. 36591
55.00 Admin Fee
156.50
01- LAND TO BE KEPT FREE OF
VIOLATION IS: SECTION 100
.
DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS;
DECLARED NUISANCE
RES NO. 13-11.x1s
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
510 SW 15TH AVENUE
CARVER PARK LOT 47 BLOCK 2
PCN 12 43 46 17 41 002 0470
CASE NBR 10 00009310
Curtis L. Jones, Jr.
318 NW 1st Street
Delra Beach, FL 33444
71.80
nv. No. 36596
$ 55.00 Admin Fee
S 126.80
323 NW 12TH AVENUE
POINCIANA HEIGHTS OF DELRAY BEACH
LOT 27
PCN 12 43 46 17 40 000 0270
CASE NBR 10 00009764
Deborah Mitchell
323 NW 12th Avenue
Delra Beach, FL 33444
110.50
nv. No. 36769
$ 55.00 Admin Fee
S 165.50
810 SW 5TH AVENUE
ROSEMONT VILLAS UNIT B LOT 10
PCN 12 43 46 20 33 000 0100
CASE NBR 10 00009311
Felicia Dickson
146 SE 27th Place
Bo nton Beach, FL 33435
89.50
nv. No. 36595
$ 55.00 Admin Fee
s 144.50
3241 JASMINE DRIVE
TROPIC ISLE 4TH SECTION LOT 438
PCN 12 43 46 28 04 000 4380
CASE NBR 10 00010157 Roy T. Young and
John B Young Tr
3241 Jasmine Drive
Delra Beach, FL 33483
89.50
nv. No. 36597
$ 55.00 Admin Fee
S 144.50
3129 FLORIDA BLVD
TROPIC ISLE 4TH SECTION LOT 486
PCN 12 43 46 28 04 000 4860
CASE NBR 10 00010434
'"" T-- - - '-'- ' ' "
VIOLATION IS: SECTION 100
AND
DEBRIS
VEGETATION
,
,
DECLARED NUISANCE
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
FLORIDA BLVD
TROPIC ISLE 3RD SECTION
LOTS 411 & 412
PCN 12 43 46 28 03 000 4110
CASE NBR 10 00004439
Katharine D. Martens
589 Deerfield Dr.
Melbourne, FL 32940
59.25
nv. No. 36267
$ 55.00 Admin Fee
5 114.25
ZEDER AVENUE
SOUTHRIDGE LOT 22 BLOCK 10
PCN 12 43 46 20 13 010 0220
CASE NBR 10 00004398
Bradley Brooks and
Pamela Brooks
139 Gregory Place
West Palm Beach, FL 33405
85.00
nv. No. 36269
$ 55.00 Admin Fee
S 140.00
2200 LAKE DRIVE
5-46-43, SLY 165.24 FT OF WLY 220 FT OF
NE 1/4 OF SW 1/4 OF SE 1/4 LYG NLY OF
&ADJ TO S CORP LIMITS OF BOYNTON
BEACH
PCN 12 43 46 05 00 000 5110
CASE NBR 10 00006051
iliana Batista
2200 Lake Drive
Delra Beach, FL 33444
117.00
nv. No. 36275
$ 55.00 Admin Fee
S 172.00
1320 NW 13TH STREET
SUB OF SECTION 8-46-43 S 100 FT OF N
200 FT OF N 1/2 OF W 1/4 OF TR 15 LYG
W OF &ADJ TO P623P151
PCN 12 43 46 08 21 015 0020
CASE NBR 10 00007906
avid Edery
2234 N. Federal Highway
Boca Raton, FL 33431
89.20
nv. No. 36424
$ 55.00 Admin Fee
S 144.20
VIOLATION IS: SECTION 100.01- LAND TO BE KEPT FREE OF
AND MATTER CONSTITUTES HAZARDS
IS
VEGETATION
;
,
DEBR
,
DECLARED NUISANCE
RES NO. 13-11.x1s
CITM OF DELRA~ BEACH
~ DELRAY BEACH
m CITY CLERK
~ ~ ~ t
All-America City
~ ' I
" '"' CERTIFICATION
r~
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. 13-11, as the same was passed and adopted by the
Delray Beach City Commission in regular session on the 21St day of April
2011.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 26th day of April
2011.
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SERVICE ' PERFORMANCE '
J•
Chevelle D. Nubin, CMC
City Clerk
City of Delray Beach, Florida
RESOLUTION NO. 13-11
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 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 Anril 19, 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.
ection 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. 13-11
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.
PASSED AND ADOPTED in regular session on this 21" day of April, 2011.
ATTEST:
• `\~1~
City Clerk r
This instrument was prepared by:
Brian Shutt, City Attorney
200 N.W. 18t Avenue
Delray Beach, Florida 33444
Res. No. 13-I l
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
709 N LAKE AVE
LA HACIENDA DELRAY
LOT 5 & 8 FOOT ABND ALLEY LYG N O
F & ADJ TO, BLOCK C
PCN 12 43 46 09 11 003 0050
CASE NBR 10 00004876
Todd Campbell
Victoria Bostain
1010 NE 8th Avenue #42
Delray Beach, FL 33483-5927
225.00
nv. No. 36768
$ 55.00 Admin Fee
$ 280.00
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 Rd
Lake Worth, FL 33462
71.50
nv. No. 36278
$ 55.00 Admin Fee
$ 126.50
NORJAC SUBDIVISION PAR A
PCN 12 43 46 18 49 000 0010
CASE NBR 10 00008602 Blade Properties, LLC
7089 Via Firenze
Boca Raton, FL 33433-1044
$ 94.80
Inv. No. 36592
$ 55.00 Admin Fee
$ 149.80
268 NE 13TH STREET
DELL PARK
E 49 FT OF W 98 FT OF LOTS 1 THRU 3
BLOCK 4
PCN 12 43 46 09 28 004 0012
CASE NBR 10 00008912
Marie A. Burkhardt and
Monica Alonso
204 Montgomery Street
Bloomfield, NJ 07003-4926
55.00
nv. No. 36589
$ 55.00 Admin Fee
$ 110.00
1314 SW 22ND AVENUE
DELRAY BEACH HIGHLANDS SEC 3
LOT 8 BLOCK 8
PCN 12 43 46 19 04 008 0080
CASE NBR 10 00009039
Jorge Vidaure
1314 SW 22nd Avenue
Delray Beach, FL 33445
101.50
nv. No. 36591
$ 55.00 Admin Fee
$ 156.50
VIOLATION IS: SECTION 100.01- LAND TO BE KEPT FREE OF
DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS;
DECLARED NUISANCE
RES NO. 13-11.x1s
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
510 SW 15TH AVENUE
CARVER PARK LOT 47 BLOCK 2
PCN 12 43 46 17 41 002 0470
CASE NBR 10 00009310
Curtis L. Jones, Jr.
318 NW 1st Street
Delray Beach, FL 33444
71.80
nv. No. 36596
$ 55.00 Admin Fee
$ 126.80
323 NW 12TH AVENUE
POINCIANA HEIGHTS OF DELRAY BEACH
LOT 27
PCN 12 43 46 17 40 000 0270
CASE NBR 10 00009764
Deborah Mitchell
323 NW 12th Avenue
Delray Beach, FL 33444
110.50
nv. No. 36769
$ 55.00 Admin Fee
$ 165.50
810 SW 5TH AVENUE
ROSEMONT VILLAS UNIT B LOT 10
PCN 12 43 46 20 33 000 0100
CASE NBR 10 00009311
Felicia Dickson
146 SE 27th Place
Boynton Beach, FL 33435
89.50
nv. No. 36595
$ 55.00 Admin Fee
$ 144.50
3241 JASMINE DRIVE
TROPIC ISLE 4TH SECTION LOT 438
PCN 12 43 46 28 04 000 4380
CASE NBR 10 00010157 Roy T. Young and
John B Young Tr
3241 Jasmine Drive
Delray Beach, FL 33483
89.50
nv. No. 36597
$ 55.00 Admin Fee
$ 144.50
3129 FLORIDA BLVD
TROPIC ISLE 4TH SECTION LOT 486
PCN 12 43 46 28 04 000 4860
CASE NBR 10 00010434
486 Tropic Isle LLC
P.O. Box 2742
Boca Raton, FL 33427
83.50
nv. No. 36588
$ 55.00 Admin Fee
$ 138.50
VIOLATION IS: SECTION 100.01- LAND TO BE KEPT FREE OF
DEBRIS
VEGETATION
AND MATTER CONSTITUTES HAZARDS
,
,
;
'
' DECLARED NUISANCE
RES NO. 13-11.x1s
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
FLORIDA BLVD
TROPIC ISLE 3RD SECTION
LOTS 411 & 412
PCN 12 43 46 28 03 000 4110
CASE NBR 10 00004439
Katharine D. Martens
589 Deerfield Dr.
Melbourne, FL 32940
59.25
nv. No. 36267
$ 55.00 Admin Fee
$ 114.25
ZEDER AVENUE
SOUTHRIDGE LOT 22 BLOCK 10
PCN 12 43 46 20 13 010 0220
CASE NBR 10 00004398
Bradley Brooks and
Pamela Brooks
139 Gregory Place
West Palm Beach, FL 33405
85.00
nv. No. 36269
$ 55.00 Admin Fee
$ 140.00
2200 LAKE DRIVE
5-46-43, SLY 165.24 FT OF WLY 220 FT OF
NE 1/4 OF SW 1/4 OF SE 1/4 LYG NLY OF
&ADJ TO S CORP LIMITS OF BOYNTON
BEACH
PCN 12 43 46 05 00 000 5110
CASE NBR 10 00006051
iliana Batista
2200 Lake Drive
Delray Beach, FL 33444
117.00
nv. No. 36275
$ 55.00 Admin Fee
$ 172.00
1320 NW 13TH STREET
SUB OF SECTION 8-46-43 S 100 FT OF N
200 FTOFN 1/20FW 1/40FTR15LYG
W OF &ADJ TO PB23P151
PCN 12 43 46 08 21 015 0020
CASE NBR 10 00007906
avid Edery
2234 N. Federal Highway
Boca Raton, FL 33431
89.20
nv. No. 36424
$ 55.00 Admin Fee
$ 144.20
VIOLATION IS: SECTION 100.01- LAND TO BE KEPT FREE OF
DEBRIS
VEGETATION
AND MATTER CONSTITUTES HAZARDS
,
,
;
DECLARED NUISANCE
RES NO. 13-11.x1s
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: April 13, 2011
SUBJECT: AGENDA ITEM 8 I -REGULAR COMMISSION MEETING OF APRIL 21.2011
RESOLUTION NO. 13-10
Page 1 of 1
ITEM BEFORE COMMISSION
This is a resolution assessing costs for abatement action required to remove nuisances on 14 properties
throughout the City.
BACKGROUND
The resolution sets forth the actual costs incurred and provides the mechanisim to attach liens against
the properties if the assessments remain unpaid.
RECOMMENDATION
Recommend approval of Resolution No. 13-11.
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4413&MeetingID=315 4/25/2011
RESOLUTION NO. 13-11
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 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 Ciry Manager or his designated representative has inspected said
land(s) and has deterrrurbed that a nuisance e~dsted in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did ftunisll the respective owruer(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~tvw (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 vwuld be levied as an amt against said
property, ~,
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 ]ands or to properly
request a hearing pursuant to Section 100.21 and 100.22 within the firm 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 Adnrir-istration was therefore inquired to and did enter upon
the land(s) descnbecl in the list attached and made a part hereof and incLUr+ed costs in abating the
subject nuisance(s) e~dsting thereon as described in the notice; ancli
WHEREAS, the City Manager of the City of Delray Beach has, piusuant 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 ptusuant to Chapter
100 of the Code of On}inances desires to assess the cost of said nuisance(s) against said property
owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE QTY COMIVIISSION OF
THE QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessrrents 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 clescnbed 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 assessrr~tts so levied shall, if not paid within thirty
(30) days after mailing of the ruotice 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 sarre extent as the lien for
general city taxes and shall be collectible in the same mariner as mortgages and foreclosures are
under state law
Section 2. That such its 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
irnn~ediately 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 April 19. 2011 meeting has levied an a~sessrrent against said property for the cost of
abatement of said nuisance by the City, and that said assessrrient is due and payable within thirty (30)
days after the mailing date of said notice of a~sessrnent, after which a lien shall be placed on said
property, and interest will accnae 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
Assessirent and this resolution
ection 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. 13-1 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 attome}~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 assessarlent, 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 recor<lu~g 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.
PASSE D AND ADOPTE D in regular session on this 19"' day of April, 2011.
MAYOR
ATTEST:
City Clerk
This instrument was prepared by:
Brian Shutt, City Attorney
200 N.W. 1" Avenue
Delray Beach, Florida 33444
Res. No. 13-1 l