Res 32-13RESOLUTION NO. 32 -13
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 TIIE
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 detern:ned 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 riaust 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 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 July, 25, 2013 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 -13
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 25`r day of July, 2013.
City Clerk
MAYOR
This instrument was prepared by:
Brian Shutt, City Attorney
200 N.W. I' Avenue
Delray Beach, Florida 33444
Res. No. 32.13
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPT[OI;, "
UWIVER
;'. ASSESSMENT
374 SE 5TH AVENUE
-.... -
-
!BLOCK 104 -- -
PCN 12 43 46 21 01 104 0090
CASE NO. NA 13 38460
o Robert L. Hornung,
366 SE 5th Avenue
Delray Beach, Florida 33483
$ 95.00
Invoice No. 38622
$ 55.00
Admin Fee
$ 150.00
590 NW 46TH AVENUE
PINE TRAIL SEC 1
N 112 OF LOT 4 BLOCK 3
PCN 12 42 46 12 07 003 0041
,CASE NO. RN 13 -39561
Nationwide Investment Firm Corp.
% Guilfort Dieuvul, R/A
8757 Baystone Cove
Boynton Beach, Florida 33473
$ 95.00
Invoice No. 38629
$ 55 -00
Admin Fee
$ 150.00
116 SW 8TH AVENUE
LINCOLN PARK DELRAY LOT 40
PCN 12 43 46 17 38 000 0400
CASE NO. NA 13 -38321
Andrelle Chavannes
1746 Harborside Circle
West Palm Beach, Florida 33414
$ 95.00
Invoice No. 38630
F--
$ 55.00
jAdmin Fee
$ 150.00
V/L N CONGRESS AVENUE
18- 46 -43, W 253 FT OF N 112 OF S 114 OF NE 114
LYG E OF & ADJ TO CONGRESS AVENUE RI1N
(LESS S 185 FT OF W 153 FT & N 20 FT NW 1ST
ST RIW) KIA PARCEL "A" & PARCEL "B"
PCN 12 43 46 18 00 000 1360
CASE NO. NA 13 -39231
1860 Marry Fladell LLC
CIO Ryan Inc.
13155 Noel Road Suite 100
Dallas, TX 75240
$ 125.00
Invoice No. 38623
$ 55.00
Admin Fee
$ 180.00
1860 MARTY FLADELL DRIVE
18- 46 -43, NE 114 OF SW 1/4 OF SE 1/4 OF NE 114
(LESS E 20 FT, N 25 FT RD RAN & NLY 133.18 FT
OF S 206 FT OF ELY 129 FT
PCN 12 43 46 18 00 000 1220
CASE NO. NA 13 -39229
1860 Marty Fladell LLC
CIO Ryan Inc.
13155 Noel Road Suite 100
Dallas, TX 75240
$ 125.00
Invoice No. 38623
$ 55.00
Admin Fee
... . _ - - - - - __.__ ...._...............
VIOLATION IS: SECTION 100.01— LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE
$ 180.00
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY.,. RLPTION ;;...
OWNER. ... ;.;
! ,., ASSESSMENT
VACANT LOT - NW 13TH AVENUE
ATLANTIC PARK GARDENS, DELRAY
LOT 15, BLOCK 1
Ruthey M. Carrington
ASE NO. RN 13 -39177
qua
$ 95.00
Invoice No. 38624
Defray Beach, Florida
$ 55.00
Admin Fee
$ 150.00
05 SW 7TH AVENUE
OLONIAL HEIGHTS LOT 6 BLOCK 2
CN 12 43 46 20 003 002 0060
ASE NO. NA 13 -37769
1811 Meadow Group LLC
% Jeanne Foss
3109 Lowson Bouvelard
Delray Beach, Florida 33445
$ 75.00
1 Invoice No. 38625
$ 55.00
jAdmin Fee
$ 1 30.00
51 NW 46TH AVENUE
DINE TRAIL SECTION 1 N 40 FT OF
OT 10 BLOCK 1
GN 12 42 46 12 07 001 0101
ASE NO. RN 13 -39562
Sol Pal John Bejarano
551 NW 46th Avenue
Delray Beach, Florida 33445
$ 75.00
Invoice No. 38626
$ 55.00
Admin Fee
$ '130.00
2S STREET
2 E 5TH TR ET
SCEOLA PARK LOT 11 BLOCK 6
CN 12 43 46 21 01 006 0110
ASE NO. RN 13 -40038
Jean L_ Denisier
3539 Apalachee Parkway Ste #3
Tallahassee, Florida 32311
$ 95.00
Invoice Na. 38627
$ 55.00
Admin Fee
$ 150.00
80 SE 5TH AVENUE
SCEOLA PARK LOT 10 /LESS E 10 FT
D R /WI BLOCK 104
CN 12 43 46 21 01 104 0100
ASE NO. NA 13 38454
Hare, Hare, Hare Inc.
% Robert L. Hornung, RIA
366 SE 5th Avenue
Delray Beach, Florida 33483
$ 125.00
Invoice No. 38628
$ 55.00
Admin Fee
$ 180.00
. ... ... ... ........ .... .... ............ ..... ................................... ........... ................ ................................ ....... ........... ...................._......_..... ..................._...__..._.. -
VIOLATION IS: SECTION 100.01— LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Louie Chapman, Jr., City Manager
DATE: July 17, 2013
SUBJECT: AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF JULY 25, 2013
RESOLUTION NO. 32-13
ITEM BEFORE COMMISSION
Page 1 of 1
This is a resolution assessing costs for abatement action required to remove nuisances on 10 properties
throughout the City.
BACKGROUND
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against
the properties if the assessments remain unpaid.
RECOMMENDATION
Recommend approval of Resolution No. 32 -13.
http:// itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 6977 &MeetingID =484 8/5/2013
RESOLUTION NO. 32 -13
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 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 July 25, 2013 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 -13
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 25h day of July, 2013.
City Clerk
MAYOR
This instrument was prepared by:
Brian Shutt, City Attorney
200 N.W. 1" Avenue
Delray Beach, Florida 33444
Res. No. 32 -13
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION
OWNER
ASSESSMENT
VACANT LOT - NW 13TH AVENUE
ATLANTIC PARK GARDENS, DELRAY
LOT 15, BLOCK 1
PCN 12 43 46 17 18 001 0150
CASE NO. RN 13 -39177
Ruthey M. Carrington
337 SW 11th Avenue
Delray Beach, Florida
$ 95.00
Invoice No. 38624
$ 55.00
Admin Fee
$ 150.00
805 SW 7TH AVENUE
COLONIAL HEIGHTS LOT 6 BLOCK 2
PCN 12 43 46 20 003 002 0060
CASE NO. NA 13 -37769
1811 Meadow Group LLC
% Jeanne Foss
3109 Lowson Bouvelard
Delray Beach, Florida 33445
$ 75.00
Invoice No. 38625
$ 55.00
Admin Fee
$ 130.00
551 NW 46TH AVENUE
PINE TRAIL SECTION 1 N 40 FT OF
LOT 10 BLOCK 1
PCN 12 42 46 12 07 001 0101
CASE NO. RN 13 -39562
Sol Pal John Bejarano
551 NW 46th Avenue
Delray Beach, Florida 33445
$ 75.00
Invoice No. 38626
$ 55.00
Admin Fee
$ 130.00
222 SE 5TH STREET
OSCEOLA PARK LOT 11 BLOCK 6
PCN 12 43 46 21 01 006 0110
CASE NO. RN 13 -40038
Jean L. Denisier
3539 Apalachee Parkway Ste #3
Tallahassee, Florida 32311
$ 95.00
Invoice No. 38627
$ 55.00
Admin Fee
$ 150.00
380 SE 5TH AVENUE
OSCEOLA PARK LOT 10 /LESS E 10 FT
RD R /W/ BLOCK 104
PCN 12 43 46 21 01 104 0100
CASE NO. NA 13 38454
Hare, Hare, Hare Inc.
% Robert L. Hornung, R/A
366 SE 5th Avenue
Delray Beach, Florida 33483
$ 125.00
Invoice No. 38628
$ 55.00
Admin Fee
$ 180.00
VIOLATION IS: SECTION 100.01— LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE
PDFConvert.18081.1.RES NO. 32- 13.xls
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION
OWNER
ASE
MENT'
374 SE 5TH AVENUE
OSCEOLA PARK LOT 9 (LESS RD R/VV)
BLOCK 104
PCN 12 43 46 21 01 104 0090
CASE NO. NA 13 38460
Hare, Hare, Hare Inc.
% Robert L. Hornung, R/A
366 SE 5th Avenue
Delray Beach, Florida 33483
$ 95.00
Invoice No. 38622
$ 55.00
Admin Fee
$ 150.00
590 NW 46TH AVENUE
PINE TRAIL SEC 1
N 1/2 OF LOT 4 BLOCK 3
PCN 12 42 46 12 07 003 0041
CASE NO. RN 13 -39561
Nationwide Investment Firm Corp.
% Guilfort Dieuvul, R/A
8757 Baystone Cove
Boynton Beach, Florida 33473
$ 95.00
Invoice No. 38629
$ 55.00
Admin Fee
$ 150.00
116 SW 8TH AVENUE
LINCOLN PARK DELRAY LOT 40
PCN 12 43 46 17 38 000 0400
CASE NO. NA 13 -38321
Andrelle Chavannes
1746 Harborside Circle
West Palm Beach, Florida 33414
$ 95.00
Invoice No. 38630
$ 55.00
Admin Fee
$ 150.00
V/L N CONGRESS AVENUE
18- 46 -43, W 253 FT OF N 1/2 OF S 1/4 OF NE 1/4
LYG E OF & ADJ TO CONGRESS AVENUE R/VV
(LESS S 185 FT OF W 153 FT & N 20 FT NW 1 ST
ST R/VV) K/A PARCEL "A" & PARCEL "B"
PCN 12 43 46 18 00 000 1360
CASE NO. NA 13 -39231
1860 Marty Fladell LLC
C/O Ryan Inc.
13155 Noel Road Suite 100
Dallas, TX 75240
$ 125.00
Invoice No. 38623
$ 55.00
Admin Fee
$ 180.00
1860 MARTY FLADELL DRIVE
18- 46 -43, NE 1/4 OF SW 1/4 OF SE 1/4 OF NE 1/4
(LESS E 20 FT, N 25 FT RD R/VV & NLY 133.18 FT
OF S 206 FT OF ELY 129 FT
PCN 12 43 46 18 00 000 1220
CASE NO. NA 13 -39229
1860 Marty Fladell LLC
C/O Ryan Inc.
13155 Noel Road Suite 100
Dallas, TX 75240
$ 125.00
Invoice No. 38623
$ 55.00
Admin Fee
VIOLATION IS: SECTION 100.01— LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE
$ 180.00
PDFConvert.18081.1.RES NO. 32- 13.xls