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Res 33-14® r CEJ 199; 2001 W -TI X I..:_ Q �Y rr1 03 h. e { 1 I" X3.1 r'I'1 +y Al rTI f•y :dI t"1 U-1 TI fx:;l 1, CHEVELLE D. NUBIN, MMC, City Clerk of the City of Delray It Beach, do hereby certify that the attached document is a true and correct X1 n:A copy of Resolution No. 33-14, as the same was passed and adopted by theCh Delray Beach City Commission in regular session on the 15t1i day of July a, 2014. IN WITNESS WHEREOF, official seal of the City of Delray November, 2014. r -Y I have hereunto set my hand and the':i Beach, Florida, on this the 25th day of Chevelle D. Nubin, MMC City Clerk City of Delray Beach, Florida RESOLUTION NO. 33-14 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 WIT.FI IN 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 ABIIIEMENT 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 o£tbe Code of Otdinances; 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 witbin seven (7) days £turn the date of said notice (forty-two (42) days in the case of violation of Section 100.04 pettaining to seawalls) they must abate said nuisance, or file a written request fot a hearing to review the decision that a nuisance existed within five (S) 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 heating, said ptoperty ownet(s) failed and/or neglected to abate such nuisance(s) within the time designated at the heasing.wherein a decision was rendered adverse to the property ownet(s); and, WI-IEI2EAS, the City of Delray Beach, through the City.Administration or such agents ox 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 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 repott and m 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 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 as mortgages and foreclosutes are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the propetty against which said assessments ate 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 die July 15. 2014_ 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 thitty (30) days after the trailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will acerae at the rate of 8% pet 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 2 Res. No. 33-14 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 sate of eight (8) percent per annum plus, if collection proceedings are necessaq, the costs of such proceedings including a seasonable 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 duetted to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and lime 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. PASSED AND ADOPTED in regular session on this 15`1' day of July, 2014. MAYOR ATTEST: City Clerk This instrument was prepared by: City Attorney 200 N.W. V Avenue Delray Beach, Florida 33444 Res. No. 33-14 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER_ ASSESSMENT 34 N.W. 10th AVENUE ATLANTIC PINES LOT 14 BLOCK 2 PCN 12 43 46 17 17 002 0140 CASE NO. RN14 - 52064 Raymond Robinson 301 Stone Gate Drive Columbia, SC 29233 $ 137.60 Invoice No. 39326 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 217.60 38 N.W. 10th AVENUE WHIDDENS SUB E 1/2 OF LOT 6/ LESS E 10 FEET/ BLOCK 1 PCN: 12 43 46 17 16 001 0061 CASE NO. RN14 - 52066 Alexandre Blanc 5585 Boynton Rise Lane Boynton Beach, FL 33437 $ 149.70 Invoice No. 39325 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 229.70 VIOLATION IS: SECTION 100.01— LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE RES NO. 33-14 EITY OF DELRAY BEREN DELRAY, BEACH All -America City I TJ 1111 2001 CERTIFICATION I, CHEVELLE D. NUBIN, MMC, City Clerk of the City of Delray Keach, do hereby certify that the attached document is a true and correct copy of Resolution No. 33-•1.4, as the. same was passed and adopted by the Delray Keach City Commission in regular session on the 15th day of July 2014. INWIT-NESS WHEREOF, I have hereunto set ray ➢land and the official seal of the City of Delray Keach, Florida, on this the .25th day of November, 2014. Chevelle D. Nubin, MMC City Clerk City of Delray Keach., Florida W -'ri ?; rri M PQ 4x Ms (.) R.. r — ni �� C) 1-3 RESOLUTION NO. 33-1.4 A RESOLUTION OF THE CITY COMMISSION OF THE CFXY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF TFIF? 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 ACCOMTLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFEC=—, 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 Managet of his designated rep.rese-titative has, pu.esumt to Chapter 100 of the Code of Ordinances, declated the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and wade a part hereof, for violation of the provisions of Chapter 1.00 of the Code of Ordinances; and, WHEREAS, putsuar.t to Section 100.21 and 100.22 of the Cade 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 slid fw-ish the respective ownet(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 descfibing the nature of the nuisance(s) and sent notice that within. seven (! days from the date of said notice (fotty-two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they raust abate said nuisance, or file a written request for a heamg to review the decision that a nLdsance 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 thet:eof would be levied as an assessment against said property; and, WHEREAS, die property owner(s) named in the list attached hereto and made. a part hereof did fail and neglect to abate the auisance(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 mi said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) slid request and teceive a healing, said ptop"w- owner(s) failed and/or ncgl.ected to abate such nuisances) within the time designated at the heaiing.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 of 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 Duisarxce(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 Bode 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 tepott 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 COMMTSSZON OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the Cite- 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 heteof, are hereby levied against the patcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within Chitty (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 foreclosutes are under state law. Section 2. 'That such assessinents shall be legal, valid and binding obligations upon the ptoperty against which said assessinents are levied - Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by iitst class in -aid to the owner(s) of the propetty, 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 15, 2014, meeting has levied ars assessment against said property for the cost of abatement of said nuisance by the City, and that said assesstrieilt is dire and payable witbin ditty (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 K/16 pet annum, plus reasonable attorney's fees and otbea. casts 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 froze the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after 2 Res. No. 33-14 the mailing date of the notice of said assessment(s), after which alien shall be placed on said property(s), and interest shAIl accrue at the rate of eight ($) percent per annum plus, if collection proceedings are necessary, the costs of such ptoceedinb 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 hailing date of the notice of assessment, the City Clerk is hereby, directed to record a certified copy of this resolution in the public tecotds of Palin Beach County, llotida, and upon the date and time of recording of the certified copy of this resolution alien shall become effective on the subject propetq- which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in tegalat session on this 151x` day of July, 2014. MAYOR ATTEST: city Clerk This instrument was prepared by: City Attorney 200 N.W. 1' Avenue Delray Beach., Florida 33944 Res_ No. 33-14 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION _ _. . QWNER. ASSESSMENT 34 N.W. 10th AVENUE ATLANTIC PINES LOT 14 BLOCK 2 PCN 12 43 46 17 17 002 0140 CASE NO. RN14 - 52064 Raymond Robinson 301 Stone Gate Drive Columbia, SC 29233 $ 137.60 Invoice No. 39326 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 217.60 38 N.W. 10th AVENUE WHIDDENS SUB E 1/2 OF LOT 61 LESS E 10 FEET/ BLOCK 1 PCN: 12 43 46 17 16 001 0061 CASE NO. RN14 - 52066 Alexandre Blanc 5585 Boynton Rise Lane Boynton Beach, FL 33437 $ 149.70 Invoice No. 39325 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 229.70 VIOLATION IS: SECTION 100.01— LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE RES NO. 33-14 RESOLUTION NO. 33-14 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 tht 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 heating 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 heating, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the healing wherein a decision was rendered adverse to the property owner(s),- and, wner(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 Deltay 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 Luly 15, 2014, 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 wifhiti 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 2 Res. No. 33-14 the availing 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. PASSED AND ADOPTED in regular session on this 15t` day of July, 2014. ATTEST: City Clerk L�<Atl" MAYOR This instrument was prepared by: City Attorney 200 N.W. V Avenue Delray Beach, Florida 33444 Res. No. 33-14 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT 34 N.W. 10th AVENUE ATLANTIC PINES LOT 14 BLOCK 2 PCN 12 43 46 17 17 002 0140 CASE NO. RN14 - 52064 Raymond Robinson 301 Stone Gate Drive Columbia, SC 29233 $ 137.60 Invoice No. 39326 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 217.60 38 N.W. 10th AVENUE WHIDDENS SUB E 1/2 OF LOT 6/ LESS E 10 FEET/ BLOCK 1 PCN: 12 43 46 17 16 001 0061 CASE NO. RN14 - 52066 Alexandre Blanc 5585 Boynton Rise Lane Boynton Beach, FL 33437 $ 149.70 Invoice No. 39325 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 229.70 VIOLATION IS: SECTION 100.01— LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE RES NO. 33-14 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: July 8, 2014 SUBJECT: AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF JULY 15, 2014 RESOLUTION NO. 33-14 BACKGROUND Page I of I The resolution sets forth the actual costs incurred and provides the mechanisim to attach liens against the properties if the assessments remain unpaid. DISCUSSION This item is before Commission to approve assessing costs for abatement action required to remove nuisances on 3 properties throughout the City of Delray Beach. RECOMMENDATION Recommend approval of Resolution No. 33-14. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=8168&MeetingID=510 12/8/2014