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Res 46-13RESOLUTION NO. 46 -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 ACCO11/Il'ANY 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 10021 and 100.22 of the Code of Ordinances of the City of Ddray 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 wid- in 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 sucli 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 nuisances) existing upon theit 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 hued 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 Comn-lission 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 awount(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 owners) 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 1, 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 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. 46 -13 property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings ate 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 tesolution 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 V day of October, 2013. City Clerk MAYOR This instrument was prepared by: Brian Shutt, City Attorney 200 N.W. r' Avenue Delray Beach., Florida 33444 Res. No. 46 -13 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT 309 S SWINTON AVENUE TOWN OF DELRAY LTS 3 & 4 BLK 72 PCN 12 43 46 16 B8 072 0030 CASE NO. NA 13 -40816 Michaelle Serrano 309 S. Swinton Avenue Delray Beach, Florida 33444 $ 50.00 Invoice No. 38746 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 130.00 725 PLACE CHATEAU CHATELAINE NO 1 LOT 23 BLK 8 PCN 12 42 46 12 03 008 0230 CASE NO. RN 13 -40665 Mirta & Hughes Joseph 725 Place Chateau Delray Beach, Florida 33445 $ 65.00 Invoice No. 38745 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 145.00 5046 NW 5TH STREET PINE TRAIL SEC 3 FINAL PLAT W 40 FT OF LT 11 BLK 4 PCN: 12 42 46 12 09 004 0111 CASE NO. RN 13 -41464 Kathleen Olejniczak 5046 N.W. 5th Street Delray Beach, Florida 33445 $ 60.00 Invoice No. 38744 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 140.00 3936 N.W. 7TH COURT SUNFLOWER - DELRAY SEC 1 LOT 4 BILK 4 PCN 12 42 46 12 06 004 0040 CASE NO. NA 13 -41376 Steven M & Wana N. Hirsch PO Box 7767 Delray Beach, FL 33482 $ 30.00 Invoice No. 38741 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 110.00 316 S.W. 4TH AVENUE TOWN OF DELRAY LTS 4 & 24 BLK 32 PCN 12 43 46 16 01 032 0040 CASE NO. NA 13 -39293 Felix & Eugene Bethel PO Box 361 Carteret, NJ 07008 $ 75.00 Invoice No. 38740 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 155.00 107 NW 10TH AVENUE WEST SIDE HEIGHTS DELRAY LOT 11 BLOCK A PCN 12 43 46 17 26 001 0110 CASE NO. RN 13 -41581 Janie A. Wagner 252 NE 15th Street Delray Beach, Florida 33444 $ 75.00 Invoice No. 38739 VIOLATION IS: SECTION 100.01— LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE $ 55.00 Admin Fee $ 25.00 Admin Fee $ 155.00 RES NO. 46- 13.xls COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES RES NO. 46- 13.xls PROPERTY DESCRIPTION OWNER ASSESSMENT 355 N CONGRESS AVENUE L L PARK OF COMMERCE REPL PAR B PCN 12 43 46 18 43 002 0000 CASE NO. RN 13 - 41400 Bentley CKS, Inc. % Sam Caliendo, R/A 900 Glades Rd #200 Boca Raton, FL 33431 $ 350.00 Invoice No. 38737 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 430.00 41 SW 7TH AVENUE TOWN OF DELRAY S 55 FT OF N 540 FT OF W 135 FT OF BLK 13 PCN 12 43 46 16 01 013 0070 CASE NO. RN 13 - 40882 James Gross 41 SW 7th Avenue Delray Beach, FL 33444 $ 65.00 Invoice No. 38735 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 145.00 401 8TH AVENUE ROSEMONT GARDENS UNIT A LOT 1 BLK 2 PCN 12 43 46 17 44 002 0010 CASE NO. RN 13 -38780 Golam & Andrea Mamun 119 Old Airport Road #275 La Grange GA 30240 $ 75.00 Invoice No. 38734 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 155.00 VACANT LOT N OF 2955 FLORIDA BLVD TROPIC ISLE 3RD SECTION LTS 411 & 412 PCN 12 43 46 28 03 000 4110 CASE NO. NA 13 -37631 Katharine D. Martens 589 Deerfield Drive Melbourne, FL 32940 $ 125.00 Invoice No. 38733 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 205.00 VIOLATION IS: SECTION 100.01— LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE 3303 AVENUE SERRANT CHATELAINE NO 1 LOT 10 BLK 2 PCN 12 42 46 12 03 002 0100 CASE NO. RN 13 -40698 Farah Francois 9745 Roche Place West Palm Beach, FL 33414 $ 75.00 Invoice No. 38736 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 155.00 RES NO. 46- 13.xls Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: September 27, 2013 SUBJECT: AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 RESOLUTION NO. 46-13 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 mechanisim to attach liens against the properties if the assessments remain unpaid. RECOMMENDATION Recommend approved of Resolution No. 46 -13. http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 7237 &MeetingID =462 11/27/2013