Res 49-05
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RESOLUTION NO. 49-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY
REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING SAID COSTS; 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; PROVIDING
FOR THE MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative has, pursuant
to Chapter 90 of the Code of Ordinances, removed junked and/or abandoned vehicles
owned by persons described in the list attached hereto and made a part hereof, for
violation of the provisions of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of
Delray Beach, the City Manager or his designated representative has determined that a
nuisance existed in accordance with the standards set forth in Chapter 90 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 90.02
I and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached hereto and made
a part hereof did fail and neglect to remove said junked and/or abandoned vehicles,
and thus failed to abate the nuisance(s) or to properly request a hearing pursuant to
Chapter 90 within the time limits prescribed in Chapter 90 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) as required by Chapter 90 of the
I Code of Ordinances; 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 remove said junked and/ or abandoned vehicles owned by persons described in the
list attached and made a part hereof and incurred costs in abating the subject
nuisance(s); and,
WHEREAS, the Ci ty Manager of the City of Delray Beach has, pursuant to
I Chapter 90 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; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant to
Chapter 90 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 I
abating the aforesaid nuisances 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 Section 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 and with the same penalties and under the same
provisions as to sale and foreclosure as City taxes are collectible.
I Section 2. That such assessment 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 July 19, 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.
Section 4. That this resolution shall become effective thirty (30 ) days
from the date of adoption and the assessment(s) contained herein and 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 of the certified copy of this resolution a lien shall become
effective on the subject property which shall secure the cost of abatement, interest
i at the rate of 8%, and collection costs including a reasonable attorney's fee.
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Res. No. 49-05
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i Section 6. That at the time the Ci ty Clerk sends the certified copy of
this resolution for recording, a notice of lien, in the form of prescribed in Section
90.06 of the Code of Ordinances, shall be mailed to the property owner.
PASSED AND ADOPTED in regular session on this 19th day of
July , 2005.
I ~l4.
MAYOR
ATTEST:
I ~Om~~O~)
Acting City Cler
I
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I Res. No. 49-05
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t1Þ'(
SUBJECT: AGENDA ITEM # g B - REGULAR MEETING OF JULY 19. 2005
RESOLUTION NO. 49-05
DATE: JULY 15,2005
This is a resolution assessing costs for abatement action necessary to remove junked and/or abandoned
vehicles from six (6) properties within 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. 49-05.
Department on Carolme S/Clty Clerk/Len Process/ Agmemos/lAgmemoA V.Res No 49-05
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RESOLUTION NO_ 49-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY
REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING SAID COSTS; 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; PROVIDING
FOR THE MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative has, pursuant
to Chapter 90 of the Code of Ordinances, removed junked and/or abandoned vehicles
owned by persons described in the list attached hereto and made a part hereof, for
violation of the provisions of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the Ci ty of
Delray Beach, the City Manager or his designated representative has determined that a
nuisance existed in accordance with the standards set forth in Chapter 90 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 90.02
and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached hereto and made
a part hereof did fail and neglect to remove said junked and/or abandoned vehicles,
and thus failed to abate the nuisance(s) or to properly request a hearing pursuant to
Chapter 90 within the time limits prescribed in Chapter 90 of the Code of Ordinances,
i or if the property owner(s) did request and receive a hearing, said property owner(s)
I failed and/or neglected to abate such nuisance (s) as required by Chapter 90 of the
Code of Ordinances; 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 remove said junked and/or abandoned vehicles owned by persons described in the
i list attached and made a part hereof and incurred costs in abating the subject
I nuisance(s); and,
I
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to
Chapter 90 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; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant to
Chapter 90 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 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 Section 3, become a
lien upon the respective lots and parcel(s) of land described ~n 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 and with the same penalties and under the same
provisions as to sale and foreclosure as City taxes are collectible.
I Section 2. That such assessment shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
I
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.
Section 4. That this resolution shall become effective thirty (30 ) days
from the date of adoption and the assessment(s) contained herein and 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 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.
2
Res. No. 49-05
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Section 6. That at the time the ci ty Clerk sends the certified copy of
this resolution for recording, a notice of lien, in the form of prescribed in Section
90.06 of the Code of Ordinances, shall be mailed to the property owner.
, PASSED AND ADOPTED in regular session on this day of
, 2005.
MAYOR
ATTEST:
Acting City Clerk
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; Res. No. 49-05
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COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ; ASSESSMENT
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ROSEMONT GARDENS UNIT B, lOT 8, BlK 4 i
PB 9856 P 1982 PUBLIC RECORDS OF PALM ,
BEACH COUNTY, Fl :
(507 SW 6TH ST) LINDA D TAYLOR
1243462031 004 0080 3423 SW CORNEll AVENUE
CUST ID # 10926 PALM CITY, Fl 34990-3465 $ 45.00
TOWN OF DElRA Y
S 45 FT OF E 135 FT OF BlK 22 TOKUMBO & CARLOTTA
PUBLIC RECORDS OF PALM BEACH COUNTY, Fl ABIOSE
(505 A & B SW 2ND ST) 5320 BUCHANAN RD
124346 1601 0220210 DElRA Y BEACH, Fl 33484-
CUST ID #538 4218 $ 45.00
TOWN OF DElRAY
S 45 FT OF E 135 FT OF BlK 22 TOKUMBO & CARLOTTA
PUBLIC RECORDS OF PALM BEACH COUNTY, Fl ABIOSE
(505 A & B SW 2ND ST) 5320 BUCHANAN RD
1243461601 0220210 DElRA Y BEACH, Fl 33484-
CUST ID #538 4218 $ 45.00
SUNNY HGTS AMENDED lOT 7 (lESS W 2.5 FT) &
W 5 FT OF lOT 8 BlK 2, PUBLIC RECORDS OF PALM
BEACH COUNTY, Fl I
(319 SW 8TH CT) LIONEL JACQUES
12 43 46 20 26 002 0070 319 SW 8TH CT.
CUST ID # 10927 DElRA Y BEACH, Fl 33444 $ 45.00
i
ATLANTIC PINES l T 33, BlK 1
PB 13, P 77, PUBLIC RECORDS OF PALM BEACH
COUNTY, Fl
(21 NW 12TH AVENUE) B ANDREWS
12434617 17 001 0330 2987 ANGLER DRIVE
CUST ID # 450 DElRA Y BEACH, Fl 33445 $ 45.00,
ATLANTIC PINES lOT 24, BlK 2,
PB 16137, P 1286, PUBLIC RECORDS OF PALM I
BEACH COUNTY, Fl I
(47 NW 11TH AVENUE) : THOMAS l HUNTLEY
12 43 46 17 17 002 0240 ~47 NW 11TH AVENUE
CUST ID # 10925 !I DElRA Y BEACH, Fl 33444 $ 45.00
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR
INOPERABLE MOTOR HAZARDS: DECLARED NUISANCE
Page 1 RES. NO. 49-05.xls