Res 32-11RESOLUTION NO. 32-11
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 WI'T'HIN 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 DECLr1RING SAID LEVY
"I'O BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMEN'T'S.
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 August 16, 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. 32-11
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 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.
PASSED AND ADOPTED in regular session on this 16`h day of August, 2011.
Sov1
MAY
A"I PEST:
~~•
City Clerk
This instrument was prepared by:
Brian Shutt, City Attorney
200 N.W. 15` Avenue
Delray Beach, Florida 33444
3
Res. No. 32-1 1
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DES RIPTION OWNER ASS ESSMENT
308 NW 2ND STREET
TOWN OF DELRAY
W85.6FTOFLT9&W 85.6 FTOFN54FT
OF LOT 10, BLOCK 35
CASE NBR NA11-12950 _
PCN 12 43 46 16 01 035 0092
att Gerchow
2131 Hollywood Blvd #20.1_
Hollywood, FI 33020
129.50
nv. No. 37022
$ 55.00 Admin Fee
$ 184.50
122 SW 10TH AVENUE
ATLANTIC GARDENS DELRAY
LOT 18, BLOCK 9
CASE NBR NA11-13583
PCN 12 43 46 17 23 009 0180
Kimelia Monteith
218 Newlake Drive
Boynton Beach, FL 33426
179.75
nv. No. 37023
$ 55.00 Admin Fee
$ 234.75
209 SW 11TH AVENUE
ATLANTIC GARDENS DELRAY
LOT 3, BLOCK 10
CASE NBR NA11-13942
PCN 12 43 46 17 23 010 0030
U S BANK NAT'L ASSOCIATION TR
% CHASE HOME LOANS
10790 Rancho Bernardo Road
San Diego, CA 32127
89.70
nv. No. 37024
$ 55.00 Admin Fee
$ 144.70
01- LAND TO BE KEPT FREE OF
VIOLATION IS
SECTION 100
:
.
DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS;
DECLARED NUISANCE
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Coversheet
~' ~
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: August 10, 2011
SUBJECT: AGENDA ITEM 8 C -REGULAR COMMISSION MEETING OF AUGUST 16, 2011
RESOLUTION NO.32-11
Page 1 of 1
ITEM BEFORE COMMISSION
This is a resolution assessing costs for abatement action required to remove nuisances on three (3)
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. 32-11.
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4769&MeetingID=327 8/24/2011
RESOLUTION NO. 32-11
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 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 Coc1e 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 fimlish 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 descnbing 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
Bearing 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
Prol~rt1% and
WHEREAS, the property owoer(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 ow~ler(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 regLrired 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 Comrriission 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 COMMISSION 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 manner as mortgages and foreclosures are
under state law
Section 2. That such assessmnts 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
iir~rnediately mail by first class mail to the owner(s) of the property, as such ownership appeals upon
the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray
Beach at the August 1G, 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 planed on said
properly, and interest will accrue at the rate of 8% per annum, plus reasonable attorneys fees and
other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of
~~t 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. 32-11
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 attorne}~s fee.
PASSE D AND ADOPTE D in regular session on this 16~' day of August, 2011.
MAYOR
ATTEST:
City Clerk
This instrument was prepared by:
Brian Shutt, City Attorney
200 N.W. 1g` Avenue
Delray Beach, Florida 33444
Res. No. 32-11
)22
)23
)24
VIOLATION IS: SECTION 100
01- LAND TO BE KEPT FREE OF
.
DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS;
DECLARED NUISANCE
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