Res 51-13RESOLUTION NO. 51.13
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 Ievied.
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 November 3, 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 assessments) 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. 51 -13
property(s), and interest shall accrue at the rate of eight (S) 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 certifted 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 S %, and collection costs including a reasonable attorney's fee.
ATTEST:
PASSED AND ADOPTED in regular session on this 5' day of November, 2013.
City Clerk
MAYOR
This instrument was prepared by:
Brian Shutt, City Attorney
200 N.W. V Avenue
Delray Beach, Florida 33444
Res. No. 51 -13
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION
OWNER
ASSESSMENT
809 NW 2ND STREET
TOURIST NOOK DELRAY W 112 OF LTS 17 &18 BILK B
ZMAX Investors, LLC.
4 3-,Jef#sries - -
Rockville Centre, NY 11570
iCASE NO. RN 13 -43496
$ 95.00
Invoice No. 38840
$ 55.00
Admin Fee
$ 150.00
1218 SW 22ND AVENUE
DELRAY BEACH HIGHLANDS SEC 1 LT 1 BILK 8
PCN 12 43 46 19 02 008 0010
CASE NO. NA 13 -42512
SRP SUB, LLC.
2700 W Cypress Creek Rd Ste
D118
Fort Lauderdale, FL 33309
$ 130.00
Invoice No. 38850
$ 55.00
Admin Fee
$ 185.00
WING WAl CHENG
5060 NW 5TH STREET
PINE TRAIL SEC 4 LT 12 (LESS ELY 40 FT) BILK 4
CASE NO, NA 13 -42978
Ping Wai Chong
5060 N.W. 5th Street
Delray Beach, FL 33445
$ 80.00
Invoice No. 38852
$ 55.00
Admin Fee
$ 135.00
590 NW 46TH AVENUE
PINE 'TRAIL SEC 1 N 112 OF LT 4 BILK 3
PCN 12 42 46 12 07 003 0041
CASE NO. NA 13- 42376T
Nationwide Investment Firm Corp
301 Yamato Road, Ste 1240
Boca Raton, FL 33431
$ 80.00
Invoice No. 38842
$ 55.00
Admin Fee
$ 135.00
4799 NW 6TH CT
PINE TRAIL SEC II W 112 OF LT 5 BILK 2
PCN 12 42 46 12 08 002 0051
EASE NO. RN 13 -43002
Group Investment & Mgmt G1M, LLC
4799 SW 6th Ct
Delray Beach, FL 33445
$ 75.00
Invoice No. 38851
$ 55.00
Admin Fee
$ 130.00
2533 ANGLER DRIVE
DELRAY SHORES LOT 8 BLOCK 11
PCN 12 43 46 07 01 011 0080
CASE NO. RN 13 -43252
SRP Sub LLC
2533 Angler Drive
Delray Beach, FL 33445
252 NE 15th Street
Delray Beach, Florida 33444
$ 75.00
Invoice No. 38827
55.00
Admin Fee
VIOLATION IS: SECTION 100.01- LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND 'E
MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE
$ 130.00
M1 ^ f t� YA A^ . -
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
--- hI- IA AI. -1_
PROPERTY DESCRIPTION
OWNER
ASSESSMENT
107 NW-10-TH-hVENUE
Jani E. Wagner
252 NE 15th Street -
-
Invoice No. 38838
-
- EST`STDE- HETGFITS DELRAYLOT 11 BLOCK
PCN 12 43 46 17 26 001 0110
CASE NO. RN 13 -42991
$ 95.00
$ 55.00
Admin Fee
$ 150.00
NW 13TH AVENUE
ATLANTIC PARK GARDENS, DELRAY LOT 15 BLK
11
PCN 12 43 46 17 18 001 0150
CASE NO. RN 13 -43369
Ruthey Carrington
337 SW 11th Avenue
Delray Beach, FL 33444
$ 95.00
Invoice No. 38828
$ 55.00
Admin Fee
$ 150.00
7 VIOLATION IS: SECTION 100.01 — LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE
--- hI- IA AI. -1_