Res 22-05
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RESOLUTION NO.22-0S
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y 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 100.20, 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 100.20, 100.21 and 100.22 of the
Code of Ordinances describing the nature of the nuisance{s) and sent notice that within
ten (10) 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 ten
(10) days from the date 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,
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WHEREAS, the City Manager of the Ci ty 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 on the 5th day of April, 2005 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 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
2
Res. No. 22-05
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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
ADril ,2005.
in
regular
session on
this
5th
day of
JæltA
OR .........
ATTEST:
~..~~~. ~~~
City Clerk
3
Res. No. 22-05
_I
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER i ASSESSMENT
I
TOWN OF DELRAY N 1/2 OF L T 5, BLK 30,
PB 1, P 3, PUBLIC RECORDS OF PALM BEACH
COUNTY, FL I AMY CHARLOW
(125 SW 5TH AVENUE)
1243461601 0300051 125 SW 5TH AVENUE
CUST 10 # 535 ,DELRAY BEACH, FL 33444 $ 70.75
$ 55.00 ADM FEE
ATLANTIC GARDENS DELRAY, LTS 20 & 21, BLK 10
PB 14, P 63, PUBLIC RECORDS OF PALM I
BEACH COUNTY,FL
(234 SW 10TH AVENUE) J.E & CARRIE L. TIGGETT 81.751
12434617 23 010 0200 316 NW 7TH AVENUE
CUST 10 # 6678 POMPANO BEACH, FL 33060 $
:$ 55.00 ADM FEE
METCALFS SUB S 1/2 OF LOT 7 & LOT 8, BLK 58
(OLD SCHOOL SQUARE HISTORIC DISTRICT) ;
PB 10, P 47, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL i
(220 N SWINTON AVENUE) J.C. & MABLE E. MCQUILKEN
12434617490580071 220 N SWINTON AVENUE
CUST 10 # 10879 DELRAY BEACH, FL 33444 $ 110.50
$ 55.00 ¡ADM FEE
TOWN OF DELRAY L T 12, BLK 114, PB 1, P 3, , J
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(244 NE 7TH AVENUE) ELEANOR DENT ,
1243461601 1140120 24 PALADIN DRIVE i
CUST ID # 10881 WILMINGTON, DE 19802 I $ 150.00
$ 55.00 ADM FEE
.
VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE
OF DEBRIS, VEGATION, MATTER CONSTITUTING HAZARDS; DECLARED
NUISANCE
4
Res. No. 22-05
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER Ifr\
AGENDA ITEM # ~ t) - REGULAR MEETING OF APRIL 5. 2005
RESOLUTION NO. 22-05
TO:
SUBJECT:
DATE:
APRIL 1, 2005
This is a resolution assessing costs for abatement action required to remove nuisances on four (4)
properties throughout the City.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against
the properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 22-05.
AgrnemoCE ResNo 22-05
RESOLUTION NO.22-0S
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH, ASSESSING COSTS FOR
ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE
CITY OF DELRA Y 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 100.20, 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 100.20, 100.21 and 100.22 of the
Code of Ordinances describing the nature of the nuisance{s) and sent notice that within
ten (10) 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 ten
(10) days from the date 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 (5); 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 on the 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 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
2
Res. No. 22-05
of the certified copy of this resolution a lien shall become effective on the subject
property which shall secure the cost of abatement r interest at the rate of 8%, and
collection costs including a reasonable attorney's fee.
PASSED AND ADOPTED
, 2005.
in
regular
session
on
this
day
of
MAYOR
ATTEST:
City Clerk
3
Res. No. 22-05
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
i ¡
TOWN OF DELRAY N 1/2 OF L T 5, BLK 30, I I
PB 1, P 3, PUBLIC RECORDS OF PALM BEACH 1 I
COUNTY, FL 'i
(125 SW 5TH AVENUE) I,AMY CHARLOW
1243461601 0300051 1125 SW 5TH AVENUE ,
CUST ID # 535 'DELRAY BEACH, FL 33444 $ 70.75 '
1$ 55.00 ADM FEE
ATLANTIC GARDENS DELRAY, L TS 20 & 21, BLK 10 I I
,.
PB 14, P 63, PUBLIC RECORDS OF PALM !!
I
BEACH COUNTY,FL IJoE & CARRIE L. TIGGETT i
(234 SW 10TH AVENUE)
12434617 23 010 0200 316 NW 7TH AVENUE
CUST ID # 6678 POMPANO BEACH, FL 33060 $ 81.75
$ 55.00 ADM FEE
I
METCALFS SUB S 1/2 OF LOT 7 & LOT 8, BLK 58 :1 ;
(OLD SCHOOL SQUARE HISTORIC DISTRICT) I ;
PB 10, P 47, PUBLIC RECORDS OF PALM !;
BEACH COUNTY, FL I
(220 N SWINTON AVENUE) J.C. & MABLE E. MCQUILKEN
124346 17 49 058 0071 220 N SWINTON AVENUE I
CUST ID # 10879 DELRAY BEACH, FL 33444 1$110.50
$ 55.00 ADM FEE
i
;
TOWN OF DELRA Y L T 12, BLK 114, PB 1, P 3, ;
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(244 NE 7TH AVENUE) ELEANOR DENT
1243461601 1140120 24 PALADIN DRIVE
CUST ID # 10881 ,WILMINGTON, DE 19802 $ 150.00
$ 55.00 ,ADM FEE
I I
i
!
;
,
i
VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE !
OF DEBRIS, VEGATION, MATTER CONSTITUTING HAZARDS; DECLARED ¡
NUISANCE ,
4
Res. No. 22-05