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EITY OF UELRRY BEREH
DELRAY BEACH CITY CLERK " "'
6i&,i All- America City
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1993 CERTIFICATION
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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. 37 -11, as the same was passed and adopted by the
Delray Beach City Commission in regular session on the 6th day of September
2011.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the '22nd day of
October 2011.
s) - �)�
Chevelle D. Nubin, CMC
City Clerk
City of Delray Beach, Florida
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RESOLUTION NO. 37 -11 IF
A RESOLU'T'ION O1-' THI? CITY COMMISSION OF THE CI'T'Y OF-'
DI;I,RAY BF ?ACH, F,'I,ORIDA, PURSUANT' T(.) CHAP'T'ER 100 OF THE
CODF OIL ORDINANCI?S OF THE CITY OF D1:LRAY BEACH,
r \SSI?SSING COSTS FOR MiATING NUISANCES UPON CERTAIN
I,AND(S) LOCATF'D WITHIN THE CITY OF DELRAY BEACH AND
PROVIDING; THAT A NOTICE OF ]AFN SHALI. ACCOMPANY THE
NOTICE. OF ASST= . T' SSMI?NT; S1,ITING OUT ACTUAL, COSTS
INCLIRRLI) BY THF? CI'1Y'1'O ACCOMPLISH SUCH ABAT'EMI-?N'1' i \NI)
LEVYING 'T'HI? COST' O1-' SUCH ABA'T'EMI ?N'T' OF NUISANCES;
PROVIDING FOR AN F,1 1 1?CI'IVI. DA'T'E? AND FOR A DUI: DATV
AND INTF?RI ST ON ASSESSMF?NTS; PROVIDING FOR THF,
RFICORDING OF THIS RESOIA -ITION, AND D ECI,ARING SAID f'FVY
TO BF A I,IF?N UPON TFIF, SU13.1FCT PROPF?RT'Y FOR UNPAID
ASS - :SSNI I -'NT'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 uppn 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 (:ode 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 owncr(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 ( ;ode 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
propert7 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(,,) 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,
t
WHEREAS, the City of Delray Beach, through the City iWininistration or such
agents or contractors hired by the City i\dnunistration was therefore required to and did enter upon
the land(,,) described in the list attached and made a part hereof and uicurred costs in abating; the
subject nuisance(s) existing; thereon as described in the notice; and,
WHEREAS, the Cite i\lanager 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 Conlntission 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, - I'I-IFXFIFORI,., BF, IT RI- tiOLVI?D BY THR CITY COMMISSION 0
I'lII . CI'CY OI' 1)I?I,R; \1' BF.; \CI -I, F1,01 M, ; \S hOl,l,( )WS:
Section 1. That assessments in the individual amounts as shown by the report of the
Cicy Manager of the City of Dciray 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, arc hereb�7 levied against the parcel(s) of land described in said report
and in the amount(,,) 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
parecl(s) of land described in said report, of the sanic 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 arc
under state law.
Section 2. That such assessments shall be legal, valid and binding obligations upon
the propei•t), 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 owncr(s) of the property, as such ownership appears upon
the records of the County Tax ; \sscsso r, nodcc(s) that the City Convnission of the City of Delray
Beach at the September G, 2011 sleeting has levied an assessment against said property for the cost
of abatement of said nuisance by the City, all(.[ 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 K " -o per annum, plus reasonable attorney's fees and
other costs of collecting said sums. r\ Notice of ].tell shall be mailed, along with the Notice of
\ssessment and this resolution.
Section 4. That this resolution shall become effective thirty (30) days from the (late
of adoption and the assessmen(s) contained herein shall become due and payable thirty (30) days
after the mailing date of the notice of said assessnlent(s), after which a lien shall be placed on said
2
Res. No. 37-11
property(s), and interest shall accrue at the rate of eight (H) 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 thirt\° (30) days after the mailing date of the notice of assessment, the Cih Clerk is hereby
directed to record a certified copy of this resolution in the public records of Palm Beach Comity,
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 tile
rate of R °i,,, and collection costs including a reasonable attorney's fee.
\ I "1'1.1',T:
1'/ \SSI ;I) Y \Nl) M)OPTED in regular session on this 6" day of September, 2011.
City Clerk
P�Qsm 4
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This instrument was prepared by:
Brian Shutt, City Attorney
200 N.W. 1" Avenue
Delray Beach, Florida 33444
3
Res. No. 37-11
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION
OWNER
ASSESSMENT
TROPIC ISLE 3RD SECTION
LOTS 411 & 412,
SPANISH TRL.
CASE NBR NA11 -15364
PCN 12 43 46 28 03 000 4110
Katharine D. Martens
589 Deerfield Dr.
Melbourne, FL 32940 -1947
$ 156.70
Inv. No. 37045
$ 55.00
Admin Fee
$ 25.00
Admin Fee
$ 236.70
2172 LAKE IDA ROAD
DELRAY SHORES 1 ST ADD
LOT 13 BLOCK 12
CASE NBR NA11 -15423
PCN 12 43 46 07 02 012 0130
LaSalle Bank NA Trust for MLMI Tr
c/o Chase Bank
7255 Baymeadows Way
Jacksonville, FL 32256
$ 69.75
Inv. No. 37048
$ 55.00
Admin Fee
$ 25.00 jAdmin
Fee
$ 149.75
509 CURLEW ROAD
TROPIC PALMS PLAT NO. 1
LOT 264
CASE NBR NA11 -15542
PCN 12 43 46 29 02 000 2640
Thomas & Juliana Del Fiore
P.O. Box 1269
Boynton Beach, FL 33425 -1269
$ 139.80
Inv. No. 37046
$ 55.00
Admin Fee
$ 25.00
jAdmin Fee
$ 219.80
222 NW 9TH AVENUE (VAC LOT)
TOURIST NOOK DELRAY
LOT 24 BLOCK A
CASE NBR NA11 -15131
PCN 12 43 46 17 25 001 0240
Richard Dobard
465 Dix Leeon Drive
Fayetteville, GA 30214 -3013
$ 44.00
Inv. No. 37051
$ 55.00
Admin Fee
$ 25.00
Admin Fee
$ 124.00
NW 18TH AVENUE (VAC PARCEL)
NORJAC PAR A
CASE NBR NA11 -15355
PCN 12 43 46 18 49 000 0010
Blade Properties LLC
% Joseph Heimobics, Reg. Agent
399 W. Palmetto Park Rd. #100
Boca Raton, FL 33432
$ 169.50
Inv. No. 37047
$ 55.00
Admin Fee
$ 25.00
Admin Fee
._._ __...
VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF
DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS;
DECLARED NUISANCE
$ 249.50
RES NO. 37- 11.x1s