Res 42-12EITY OF DELRAY BEREH
DELRAY BEACH
F L D N I A A
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CITY CLERK 100 N,W 1st AVENUE • DELRAY BEACH, FLORIDA 33444
CERTIFICA'T'ION
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I, CHEVELLE D. NUBIN, MMC, City Clerk of the City of Delray M M
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Beach, do hereby certify that the attached document is a true and correct Ix,
copy of Resolution No. 42• -12, as the same was passed and adopted by the ,°�Y
Delray Beach City Commission in regular session on the 219t day of August rte,
2012. +1
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IN WITNESS WHEREOF, 1 have hereunto set my hand and they
official seal of the City of Delray Beach, Florida, on this the 11th day of ;
December 2012.
SERVICE - PERFORMANCE - INTEGRITY ` RESPONSIBLE - INNOVATIVE - TEAMWORK
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Chevelle D. Nubin, MMC
City Clerk
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City of Delray Beach, Florida
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SERVICE - PERFORMANCE - INTEGRITY ` RESPONSIBLE - INNOVATIVE - TEAMWORK
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Chevelle D. Nubin, MMC
City Clerk
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City of Delray Beach, Florida
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SERVICE - PERFORMANCE - INTEGRITY ` RESPONSIBLE - INNOVATIVE - TEAMWORK
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACK 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
N'OT'ICE OF ASSESSvIEN -'T; SETTING OUT ACMU L COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING VYING 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 TITS SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS.
WHEREAS, the City Manager or his designated representative has, paw cant to
Chapter 100 of the Code of Ordinances; declared the existence of a nuisance upon certain lots of
parcels of Jaand, described is the List attached hereto and made a, patt hereof, for violation of the
provisions of Chaptet 100 of the Code of Ordinances; and,
V/FMREA.S, pursuant to Section. 100.21. and 100.22 of the Code of Ordinances of
the City of Delray Beach, the City Manager or hi� desi�ed repxesentaive has inspected said
Iand(s) and has determined that a .nuisance existed in accordance with thie standatds 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 Ordinmr -&& 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 i:a the case of violation of
Sections 100.04 pertaining to sea - galls) they must abate said rlu sauce, or file a wri'tteia request fot a
lieating to feview the decision, that a nuisance existed witbin five (5) daps from the date of delivery
of said notice, failing which the City of Delray Beach -would proceed to correct this condition by
abaiiug such nuisance, and that the cost thereof would be levied as an assessment against said
Property--, and,
SAS, the pto j), t ovrnet-(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 td properly
request a heatirg pursuant to Section 100.21 and 100.22 within the time Bruits prescribed in said
notice and. Chapter 100 of the Code of Ordinances, ox if the property owners) did request and
receive a heating, said property ownet(s) failed and /or neglected to abate such nuisances) within the
time designated at the hcasing wherein a decision was madcred adverse to the property owner(s);
and,
or
agents or contractors hired by the City Administration was tlieref to requited to and did etiter upon,
the lands) described in the list attached and made a part hereof and incutted costs in abating the
subject nuisance(s) existing thereon as ddescHbe.d 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, siibinitted to the City Commission a
report of the costs incurred in abating said quisance(s) as aforesaid, said report indicating the costs
per parcel of laud involved; and,
W1`IEREA.S, the City CominiJssion of the City of Delray Beach, pursuant, to Chapter
104 of the Code of Ordinances desires to assess the cost of said nuisances) against sand property
owner(s),
NOW, 'IT- =- FORE, BE IT RESOLVED BY THC ClfY COMMISSION OF
T IE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section L 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
n-L sances upon the lofts or parcels of land described in said report} a copy cif which is attached
hereto and reads a pact hereof, are hereby levied against the parcels) of land descrbed in said report
and in the .atnount(s) indicated thereon. Said assessments so levied shall, if not paid withuz .thirty
(30) days after mailing of the notice described in Sec. 3, become a lien upon th1-- respective lots and
p4cel(s) of land described iu said repots of the saint nat€ar- and to the same extent as the lien, for
general city taxes and shall. be collectible in the same manaet as mortgages and foreclosures are
under state law.
Section 2. That such assessments shall be legal, valid and binding obligations upoa
the property against which said assesssneuts are levied.
Section 3. That the City Clelk of the City of Delray Beach is hereby directed to
i=ediately snail by first class mail to the owner(s) of the property, as such ownetsbip appears upon
the records of die County Tax Assessor; notice(s) that the City Coinmission of the City Q.f Delray
Beach at the AuMust_21. 2012 sheeting has levied an assessment against said property for theJcost of
abatement of said nuisance by the City, and that said assessment is due and payable witbin thirty (3 0)
days after the mailing date of said notice of assessment, after which a lien shall be placed on said
property, and interest will accttYe at the rate of 8 °/a pet annuto, plus reasonable attoinep 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) daps from the date
of adoption and die assessment(s) contained Herein shall. become due and payable thirty (30) days
after the t-nOng date of the notice of said assessinent(s), after which alien shall be placed on said
2
lie&. No. 42 -12
�I propetty(s), and interest shad accrue at the rate of eAglxt �6) percent per annum pies, Lt collection
proceedings are necessary, the costs of such proceedings including a seasonable adotncy s fee.
Section 5_ That ill the event that paywent has not been. feceived by the City Clerk
within thirty (30) days after the trailing date of the notice of assessinent, the City Clerk is hereby
ditected to record a certified copy of this resolution in the public records of PsIm Beach County,
Flat'ida, and upon the date aaci..time of recording of the certified copy of t1vs- resolution a lien shall
become effective, on the subject property which shall. secure the cost of abatement, interest at the
mte of 9 %1 and collection costs including a reasonable attomey s fee.
AT ST
PASSED AND ADOPTED in regukt session on this 21' day ofAugu.st, 2012.
City Clerk
M R
This insttnnietif was prepared icy.
Brian Shutt, City Attorney
200 N.N. r'Avenue
Delray Beach, Florida 33444
Res. No. 42 -I2
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION
OWNER
ASSESSMENT
238 SE 4TH AVENUE
LINNS ADD TO OSCEOLA PK DELRAY
LOTS 22 & 23 BLOCK 95
PCN 12 43 46 16 04 095 0220
CASE NO. NA12 -23905
Frederick Hoffman
388 Driftwood Terrace
Boca Raton, FL 33431
$ 95.00
Invoice No. 37879
$ 55.00
Admin Fee
$ 25.00
Admin Fee
$ 175.00
520 SW 9TH STREET
DELRAY MANOR ADD TO DELRAY E 40 FT
OF LOT 86 & W 20 FT OF LOT 87
PCN 12 43 46 20 12 000 0861
CASE NO. NA12 -25646
Stacey & Cassandra Sanders
826 SW 4th Avenue
Derlay Beach, FL 33444
$ 80.00
Invoice No. 37881
$ 55.00
Admin Fee
$ 25.00
Admin Fee
$ 160.00
VIOLATION IS: SECTION 100.01 — LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE
I
RES NO. 42- 12.x15
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,
or
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 21, 2012 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 alien shall be placed on said
2
Res. No. 42 -12
property(s), and interest shall accrue at the rate of eight (6) percent per annum plus, it couection
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't day of August, 2012.
ATTEST:
�,� �) . � l�
City Clerk
MA
This instrument was prepared by:
Brian Shutt, City Attorney
200 N.W. V Avenue
Delray Beach, Florida 33444
Res. No. 42 -12
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Douglas Smith, Acting City Manager
DATE: August 15, 2012
SUBJECT: AGENDA ITEM S.G. -REGULAR COMMISSION MEETING OF AUGUST 21, 2012
RESOLUTION NO. 42-12
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. 42 -12.
http:// itwebapp /AgendaIntranetBluesheet .aspx ?ItemlD = 5917 &MeetingID =3 86 8/23/2012
RESOLUTION NO. 42 -12
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 parcels) 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 August 21, 2012 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 alien 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 alien shall be placed on said
Res. No. 42 -12
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 august, 2012.
City Clerk
MAYOR
This instrument was prepared by:
Brian Shutt, City Attorney
200 N.W. r' Avenue
Delray Beach, Florida 33444
Res. No. 42 -12
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION
OWNER
ASSESSMENT
238 SE 4TH AVENUE
LINNS ADD TO OSCEOLA PK DELRAY
LOTS 22 & 23 BLOCK 95
PCN 12 43 46 16 04 095 0220
CASE NO. NA12 -23905
Frederick Hoffman
388 Driftwood Terrace
Boca Raton, FL 33431
$ 95.00
Invoice No. 37879
$ 55.00
Admin Fee
$ 150.00
520 SW 9TH STREET
DELRAY MANOR ADD TO DELRAY E 40 FT
OF LOT 86 & W 20 FT OF LOT 87
PCN 12 43 46 20 12 000 0861
CASE NO. NA12 -25646
Stacey & Cassandra Sanders
826 SW 4th Avenue
Derlay Beach, FL 33444
$ 80.00 linvoice
No. 37881
$ 55.00
Admin Fee
$ 135.00
709 S LAKE AVENUE
LA HACIENDA DELRAY LOT 35 & S 8 FT ABND
ALLEY LYG N OF & ADJ TO BLOCK D
PCN 12 43 46 09 11 004 0350
CASE NO. NA12 -24686
TD Bank National Assoc.
% Cynthia Mack
104 S Main Street
Greenville, SC 29601
$ 80.00 linvoice
No. 37882
$ 55.00
Admin Fee
$ 135.00
_.____-.----- _ .............___._._....___.. _... _..._._........__.___.__._.....__...._..._........... _......._ ........... ..... ....... . _
VIOLATION IS: SECTION 100.01 — LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE
PDFConve rt. 15323.1.RES NO. 42- 12.x1s