Res 23-11[li4 GF DELR114 BEp[H
3
CITY CLERK 100 N.W. 1st AVENUE • DELRAY BEACH, FLORIDA 33444
CERTIFICATION
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I, CHEVELLE D. NUBIN, MMC, City Clerk of the City of Delray r-- i'.Ij
Beach, do hereby certify that the attached document is a true and correct
copy of Resolution No. 23-11, as the same was passed and adopted by the
Delray Beach City Commission in regular session on the 21st day of June
2011. 'Jj
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 9th day of May
2012.
1_71
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Chevelle D. Nubin, MMC
o City Clerk -n
City of Delray Beach, Florida
1371
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SEPVIICL: PERFORMANCE INTEGPITY RESPONSIBLE INNOVATIVE TEAMWORK
P�LRAY REACH
All-America City
11)93
2001
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CITY CLERK 100 N.W. 1st AVENUE • DELRAY BEACH, FLORIDA 33444
CERTIFICATION
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I, CHEVELLE D. NUBIN, MMC, City Clerk of the City of Delray r-- i'.Ij
Beach, do hereby certify that the attached document is a true and correct
copy of Resolution No. 23-11, as the same was passed and adopted by the
Delray Beach City Commission in regular session on the 21st day of June
2011. 'Jj
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 9th day of May
2012.
1_71
}
Chevelle D. Nubin, MMC
o City Clerk -n
City of Delray Beach, Florida
1371
-.1
I'T
(SFAL�
SEPVIICL: PERFORMANCE INTEGPITY RESPONSIBLE INNOVATIVE TEAMWORK
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 June 21, 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 a lien shall be placed on said
2
Res. No. 23 -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 21" day of June, 2011.
City Clerk
MAYO
This instrument was prepared by:
Brian Shutt, City Attorney
200 N.W. V Avenue
Delray Beach, Florida 33444
Res. No. 23-11
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTI:flN
OWNER
ASSESSMENT -
513 UDELL LANE
DELRAY SHORES LOT 6 BLOCK 5
CASE NBR 11 -12855
PCN 12 43 46 07 01 005 0060
Deborah A. Johnson
513 Udell Lane
Delray Beach, FL 33445
$ 81.50
Inv. No. 36924
$ 55.00
Admin Fee
$ 25.00
Admin Fee
$ 161.50
41 SW 7TH AVENUE
TOWN OF DELRAY
S 55 FT OF N 540 FT OF W 135 FT OF
BLOCK 13
CASE NBR 09- 00106318
PCN 12 43 46 16 01 013 0070
James Gross
41 SW 7th Avenue
Delray Beach, FL 33444
$ 95.00
Inv. No. 35168
$ 55.00
Admin Fee
$ 25.00
Admin Fee
$ 175.00
660 CARL BOLTER DRIVE
TROPIC PALMS PL 2 LOT 527
CASE NBR 09 00106977
PCN 12 43 46 29 04 000 5270
Sandra C. Dugdell
660 Carl Bolter Drive
Delray Beach, FL 33444
$ 150.00
Inv. No. 35165
$ 55.00
Admin Fee
$ 25.00
Admin Fee
$ 230.00
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
$ 23.00
Inv. No. 35575
$ 55.00
Admin Fee
$ 25.00
Admin Fee
.___._.__�._._. ..w...._..�...._...,.._„.____ __ __V___ .._.,._._.......�.... �
I VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF
DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS;
I j
i I
$ 103.00
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: June 16, 2011
SUBJECT: AGENDA ITEM 8.1. -REGULAR COMMISSION MEETING OF JUNE 21, 2011
RESOLUTION NO. 23-11
Page 1 of 1
ITEM BEFORE COMMISSION
This is a resolution assessing costs for abatement action required to remove nuisances on six (6)
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. 23-11.
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4590&MeetingID=321 6/22/2011
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: June 16, 201 l
SUBJECT: AGENDA ITEM 8 I -REGULAR COMMISSION MEETING OF JUNE 21, 2011
RF,SOLUTION NO. 23-11
Page 1 of 1
ITEM BEFORE COMMISSION
This is a resolution assessing costs for abatement action required to remove nuisances on six (6)
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. 23-11.
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4590&MeetingI D=321 6/22/2011
RESOLUTION NO. 23-11
A RESOLUTION OF THE QTY COMM[SSION 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 ACCONII'ANY 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 Ordinares, 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 (~ days from the date of said notice (forty-twD (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 cornect this condition by
abating such nuisance, and that the cost thereof would be levied as an assessment against said
l~l~~ % 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 prnsuant 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
tirre 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 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 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 foreclostues are
under state law
Section 2. That such assessmnts shall be legal, valid and binding obligations upon
the property against which said assessrrrernts 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 properly, 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 June 21, 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
properly, and interest will accrue at the rate of 8% per annum, plus reasonable attome~s fees and
other costs of collecting said surrts. 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 a;~sessrrient(s) contained herein shall become due and payable thirty (30) days
after the nnailing date of the notice of said a:;sessnnent(s), after which a lien shall be placed on said
Res. No. 23-1 I
property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection
proceeduzgs 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 asses`s~rrient, 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 tirre 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 21~` day of June, 2011.
MAYOR
ATTEST:
City Clerk
This instrument was prepared by:
Brian Shutt, City Attorney
200 N.W. 1B` Avenue
Delray Beach, Florida 33444
Res. No. 23- I I
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
2712 LAKE IDA ROAD
DELRAY SHORES 1ST ADD
LOT 13 BLOCK 12
PCN 12 43 46 07 02 012 0130 Emmanuela M. Presumey
CASE NBR 10 00005551 2712 Lake Ida Road
Delray Beach, FL 33445 $ 23.00 Inv. No. 35575
$ 55.00 Admin Fee
VIOLATION IS: SECTION 100.01- LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED
NUISANCE
RES NO. 23-11.x1s