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Res 51-11Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 23, 2011 SUBJECT: AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF OCTOBER 4.2011 RESOLUTION NO. 51-11, ITEM BEFORE COMMISSION Page 1 of 1 This is a resolution assessing costs for abatement action required to remove nuisances on 12 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. 51 -11. http: // itwebapp /AgendalntranetBluesheet .aspx ?ItemID = 4953 &MeetingID =331 10/3/2011 RESOLUTION NO. 51 -11 A RESOLUTION OF THE CITY COMIVIISSION 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 (fort34vw (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 COMNIISSION 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 October 4. 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 attorneys 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 assessmi nt(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessrnent(s), after which a lien shall be placed on said Res. No. 5 1 -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 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 attorney's fee. ATTEST: PASSED AND ADOPTED in regular session on this 4ffi day of October, 2011. City Clerk MAYOR This instrument was prepared by: Brian Shutt, City Attorney 200 N.W. V Avenue Delray Beach, Florida 33444 Res. No. 5 1 -11 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT 4677 WEST ATLANTIC AVENUE 13- 46 -42, S 540 FT OF W 112 OF E OF W 1/2 OF NE 1/4 OF SW 1/4 LYG N OF SR 806 PCN 12 42 46 13 00 000 7060 CASE NO. NA11 -15492 Discount Auto Parts, Inc. % NRAI Services Inc. Reg Agt 515 E Park Avenue Tallahassee, FL 32301 $ 97.12 Inv. No. 37100 $ 55.00 Admin Fee $ 152.12 14960 W HATLEY RD COUNTRY CLUB ACRES 1ST ADD LOT 34 (LESS S 1/2) & S 37.5 FT OF LOT 35 PCN 12 42 46 13 02 000 0341 CASE NO. NA11 -15586 Grayhawk Development Corp % Lawrence B. Hawkins, Reg Agt. 4570 Lake Worth Road #B -1 Lake Worth, FL 33463 $ 87.95 Inv. No. 37101 $ 55.00 Admin Fee $ 142.95 LOT WEST OF 4928 JEFFERSON ROAD COUNTRY CLUB ACRES 2ND ADD LOTS 68 AND 69 PCN 12 42 46 13 03 000 0680 CASE NO. RN11 -16956 Arturo and Marta I. Gutierrez 3621 NW 108th Drive Coral Springs, FL 33065 -2710 $ 97.10 Inv. No. 37102 $ 55.00 jAdmin Fee $ 152.10 213 SW 6TH AVENUE TOWN OF DELRAY LOT 16 BLOCK 23 PCN 12 43 46 16 01 023 0160 CASE NO. NA11 -15547 Michael J. Steinbach 3000 Whitney Avenue #118 Handen, CT 06518 -2353 $ 175.85 Inv. No. 37103 $ 55.00 jAdmin Fee $ 230.85 355 NORTH CONGRESS AVENUE L L PARK OF COMMERCE REPL PAR B PCN 12 43 46 18 43 002 0000 CASE NO. NA11 -15191 Bentley CKS, Inc. % Sam Caliendo, Reg. Agt 900 Glades Road #200 Boca Raton, FL 33431 $ 187.50 Inv. No. 37104 $ 55.00 jAdmin Fee $ 242.50 VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE RES NO. 51- 11.x1s COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT 1107 SW 7TH AVENUE RIDGEWOOD HEIGHTS DELRAY N 35 FT OF LOT 3 BLOCK D PCN 12 43 46 20 20 004 0032 CASE NO. NA11 -15772 Pinot IV LLC Department 5193 P.O. Box 2153 Birmingham, AL 35297 -0002 $ 87.90 Inv. No. 37105 $ 55.00 jAdmin Fee $ 142.90 326 NW 7TH AVENUE TOWN OF DELRAY S50FTOFE 135 FTOFN 1 /2 &E8FTOF ABNDED ALLEY LYG W OF & ADJ THERETO BLOCK 1 PCN 12 43 46 16 01 001 0050 CASE NO. NA11 -15926 A Reading & Math Academy II Inc. % Mellaine M. Stewart Reg Agent 2916 Shaughnessy Drive West Palm Beach, FL 33414 -6498 $ 87.25 Inv. No. 37107 $ 55.00 Admin Fee $ 142.25 307 NW 12TH AVENUE POINCIANA HGTS OF DELRAY BEACH LOT 31 PCN 12 43 46 17 40 000 0310 CASE NO. NA11 -16022 Jerome Jackson 307 NW 12th Avenue Delray Beach, FL 33444 $ 57.80 Inv. No. 37108 $ 55.00 Admin Fee $ 112.80 921 ALLAMANDA DRIVE TROPIC ISLE 2ND SECTION LOT 142 PCN 12 43 46 28 02 000 1420 CASE NO. NA11 -15580 Marcelo Poguio 15 Sleepy Hollow Road Tarrytown, NY 10591 -1516 $ 51.90 Inv. No. 37109 $ 55.00 jAdmin Fee $ 106.90 VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE RES NO. 51- 11.x1s COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT 1860 MARTY FLADELL DRIVE 18- 46 -43, NE 1/4 OF SW 1/4 OF SW 1/4 OF SE 1/4 OF NE 1/4 (LESS E 20 FT, N 25 FT RD R/W & NLY 133.18 FT OF S 206 FT OF ELY 129 FT) PCN 12 43 46 18 00 000 1220 CASE NO. NA11 -15745 1860 NW 1ST LLC % Theresa Bowman, Reg Agent 14339 Smith Sundy Road Delray Beach, FL 33446 $ 127.80 Inv. No. 37112 $ 55.00 Admin Fee $ 182.80 2432 SOUTHRIDGE ROAD SOUTHRIDGE LOT 4 BLOCK 9 PCN 12 43 46 20 13 009 0040 CASE NO. NA11 -16374 Kerry Barberet 2432 Southridge Road Delray Beach, FL 33444 $ 77.90 Inv. No. 37113 $ 55.00 Admin Fee $ 132.90 14950 W HATLEY ROAD COUNTRY CLUB ACRES 1ST ADD LOT 35 (LESS S 37.5 FT) & LOT 36 PCN 12 42 46 13 02 000 0351 CASE NO. NA11 -15585 Grayhawk Development Corp % Lawrence B. Hawkins, Reg Agt 4570 Lake Worth Road #13-1 Lake Worth, FL 33463 $ 100.00 Inv. No. 37114 $ 55.00 jAdmin Fee $ 155.00 VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE RES NO. 51- 11.x1s