Res 17-14 i
RESOLUTION NO. 17-14
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8,
"UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING
COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE
BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF
DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY
THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING
THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST 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.
WHEREAS, the Building Official or his designated representative has, pursuant to
Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon
certain lots or parcels of land, described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by Article 7.8 and those Codes
adopted in Chapter 96 of the Code of Ordinances;and,
WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City
of Delray Beach, the Building Official or his designated representative has inspected said land(s) and
has determined that an unsafe building existed in accordance with the standards set forth in Article
7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owners) of the
land(s) described in the attached list with written notice of unsafe building and detailed report of
conditions and notice to vacate as the Building Official determined that the building was manifestly
unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land
Development Regulations, describing the nature of the violations and sent notices that the building
was to be vacated and that the building was to be repaired or demolished; work must be begun
within sixty (60) days and all work must be completed within such time as the Building Official
determines, said notice also advised that all appeals inust be filed within thirty (30) days from the
date of service of the notice and upon failure to file an appeal or to make the repairs required that
the Building Official would have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Article 7.8 have been
complied with;and,
WHEREAS, neither an appeal to the Board of Construction. Appeals or corrective
action was undertaken in accordance with the order of the Chief Building Official; therefore
pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the
abatement action to be done;and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section
7.8.21 of the Land Development Regulations of the City of Delray Beach, submitted to the City
Commission a report of the costs incurred in abating said condition 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 Article 7.8
of the Land Development Regulations desires to assess the cost of said condition 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 amount of 17$ , 16.00 as shown by the report of the
City Manager of the City of Delray 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 7.5.21 become a lien upon the respective lots and patcel(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 axe collectible.
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 certified mail, postage prepaid, return receipt requested, 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 has levied an assessment against said property for the
cost of abatement action regarding an unsafe building by 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 eight percent (8%) per annum, plus reasonable attorney's fees and other costs of
collecting said sums.
Section 4. That this resolution shall become effective immediately upon adoption and
the assessment(s) contained herein shall become due and payable within 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),
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Res No. 17-14
and interest shall accrue at the rate of eight percent (8%) per annum plus reasonable attorneys fee
and other costs of collection.
Section 5. That in the event that payment has not been received by the City Clerk
within thirty (30) days after the maifing 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 eight (S%),and collection costs including a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on ' 6th y May, 2014.
MAYOR
ATTEST:
City Clerk
This instrument was prepared by:
City Attorney
200 N.W. 1"Avenue
Delray Beach, Florida 33444
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Res No. 17-14
Coversheet Page 1 of 1
•
MEMORANDUM
TO: Mayor and City Commissioners
FROM:
DATE: April 22, 2014
SUBJECT: AGENDA ITEM 8.L-REGULAR COMMISSION MEETING OF MAY 6,2014
RESOLUTION NO. 17-14/2213-2215 N.E.3RD AVENUE
BACKGROUND
This is a resolution assessing costs for abatement action required for the emergency board-up of an
unsafe structure located at 2213 & 2215 N.E. 3rd Avenue.
On April 29, 2013, the City went to the residence located at 2213 & 2215 N.E. 3rd Avenue and
determined that the abandoned structure was unsafe. They remedied the situation by doing an
emergency board-up of the structure.
The resolution sets forth the accrual costs incurred and provides the mechanisms to attach liens against
properties in the event the assessment remains unpaid.
Legal Review: Pursuant to Article 7.8 of the Land Development Regulations (LDR) of the City of
Delray Beach, the Building Official or his designated representative has inspected said land(s) and has
determined that an unsafe building existed in accordance with the standards set forth in Article 7.8
and/or Chapter 96 of the Code of Ordinances.
Finance Department Review: Finance recommends approval. Finance further recommends that the
resolution be modified to include Finance Department authority to take all steps necessary to collect the
assessed costs, including if necessary by selling the resulting lien on the property.
Discussion: The item before Commission is to approve Resolution No. 17-14 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located at 2213 & 2215
N.E. 3rd Avenue.
Timing of the Request: There is no time-sensitivity with this request.
RECOMMWNDATION
Staff recommends approval of Resolution No. 17-14.
http://itwebapp/Agendalntranet/Bluesheet.aspx?ItemID=7844&MeetingID=503 12/8/2014
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO: MARIE J.FRANCOIS
MAILING ADDRESS: 2213 N.E.3"d AVENUE,DELRAY BEACH,FL 33444
PROPERTY ADDRESS: 2213&2215 N.E.3"d AVENUE,DELRAY BEACH,FL 33444
LEGAL DESCRIPTION: SEACREST PARK LOT 13 BLOCK 11
You, as the record owner, of, or holder of an interest in, the above described property are
hereby advised that a cost of$1,560.00 by resolution of the City Commission of the City
of Delray Beach, Florida, dated 2014 has been levied against the
above described property.
The costs were incurred as a result of an abatement action regarding the above described
property. You were given notice on October 29, 2013 that the Chief Building official
had determined that a building/structure located on the above described property was
unsafe. You were advised in that notice of the action that would be taken to remedy that
unsafe condition and that the action would be initiated by the City if you failed to act.
X You failed to appeal the decision of the Chief Building Official to the Board of
Construction Appeals. You were informed of your right to an appeal and of the
procedures for obtaining an appeal. You have also failed to take the corrective action
required in the Notice of Unsafe Building/Structure.
You appealed the decision of the Building Official to the Board of Construction
Appeals. You were given written notification on that you were
required to take the corrective action required by the decision of the Board of
Construction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board Construction Appeals.
You appealed the decision of the Building Official to the Board of Construction
Appeals on The Board of Construction upheld the decision of
the Building Official.
The City of Delray Beach has therefore taken remedial action to remove the unsafe
condition existing on the above described property on April 29, 2013 at a cost of
$1,716.00 which includes a ten percent (10%) administrative fee. If you fail to pay this
cost within thirty (30) days, that cost plus additional administrative and recording costs
shall be recorded in the official Records of Palm Beach County, Florida against the
above-described property.
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THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT
LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN
THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE
LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO
INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT,
COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS
SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE
PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING
MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk, MMC
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Res.No. 17-14