Res 65-14 RESOLUTION NO. 65-14
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 LYON 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 Deltay 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 i_u
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) daey 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
nonce and Chapter 100 of the Code of Ordinances, or if the propertl owners) did request and
receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the
i
tune 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 lured by the City Administration was there£ote 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 Beacli has, pursuant to Chapter
100 of the Code of Ordinances of the City of Deltay 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 DRLRAY BEACH, 1,LORIDA,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 iiz 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 tivrty
(30) days after mailing of the notice described in Sec. 3, become alien 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 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
itm-nediately mail by fitst class snail 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 December 2, 2014 ineeting 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
prop er and interest will accrue at the rate of 8% et annum plus reasonable-attorney's fees and
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Rcs.No. 65-14
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 Rona die date
of adoption and the assessraent(s) 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
property(s), and interest shall accrue at the rate of eight (S) percent pet 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 Pahn Beach County,
Florida, and upon the date and time of recording of the certified copy of this resolution alien 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.
PASSED AND ADOPTED in regular session on this 211` day of December, 2014.
IAYOR
ATTEST:
This instrument was prepared ley:
Noel Pfeffer, City Attorney
• 200 N. I. V Avenue
Cit37 Clerk Delray Beach, Florida 33444
3
Res.No. 65-14
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
107 NW 10TH AVENUE
WEST SIDE HGTS DELRAY IN LOT 11 BLK A JANI E WAGNER
PCN 12 43 46 17 26 001 0110 252 NE 15TH STREET
CASE NO. RN 14-57854 DELRAY BEACH, FL 33444 $ 79.00 Invoice No. 39634
$ 55.00 Admin Fee
$ 25.00 Admin Fee
$ 159.00
221 &223 SW 12TH AVENUE ACME REAL ESTATE ASSOC., LLC
ATLANTIC GARDENS DELRAY LOT 6 BLK 7 c/o JOHN D. FOSS
PCN: 12 43 46 17 23 007 0060 571 SW 28TH AVENUE
CASE NO. NA 14-56815 DELRAY BEACH, FL 33445 $ 195.00 Invoice No. 39635
$ 55.00 Admin Fee
$ 25.00 Admin Fee
$ 275.00
631 SW 8TH AVENUE MARIA OLGA VELEZ
ROSEMONT PARK DELRAY LTS 9 & 10 BLK 7 637 SW 8th AVENUE
PCN: 12 43 46 20 14 007 0090 DELRAY BEACH, FL 33444
CASE NO. 14-57238
$ 171.00 Invoice No. 39636
$ 55.00 Admin Fee
$ 25.00 Admin Fee
$ 251.00
627 SW 5TH AVENUE
ROSEMONT PARK DELRAY LT 7 BLK 1 WILLIE & BETTY LAZIER
PCN: 12 43 46 20 14 001 0070 619 SW 5TH AVENUE
CASE NO. NA 14-56354 DELRAY BEACH, FL 33444 $ 93.00 Invoice No. 39637
$ 55.00 Admin Fee
$ 25.00 Admin Fee
$ 173.00
925 SW 20TH COURT#6
WOODBROOKE COND 2 UNIT 6 MAULAIRE SEME
PCN: 12 43 46 19 31 002 0060 925 SW 20TH COURT
CASE NO. NA 14-56398 DELRAY BEACH, FL 33445 $ 60.00 Invoice No. 39640
$ 55.00 Admin Fee
$ 25.00 Admin Fee
$ 140.00
385 OAKVIEW DRIVE
ESTATES I II THE LTS 6 &6A BLK 2 MARK GEISSLER
PCN: 12 42 46 13 17 002 0060 385 OAKVIEW DRIVE
CASE NO. NA 14-56731 DELRAY BEACH, FL 33445 $ 187.00 Invoice No. 39642
$ 55.00 Admin Fee
VIOLATION IS: SECTION 100.01—LAND TO BE KEPT FREE OF DEBRIS,VEGETATION, AND $ 25.00 Admin Fee
MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE $ 267.00
RES NO. 65-14
Coversheet Page 1 of 1
r
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Terry Stewart, Interim City Manager
DATE: November 17, 2014
SUBJECT: AGENDA ITEM 8.T. - REGULAR COMMISSION MEETING OF DECEMBER 2, 2014
RESOLUTION NO. 65-14
BACKGROUND
The resolution sets forth the actual costs incurred and provides the mechanism 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 six (6) properties throughout the City of Delray Beach.
RECOMMENDATION
Recommend approval of Resolution No. 65-14.
http://agendas.mydelraybeach.com/Bluesheet.aspx?1tem1D=8629&MeetingID=539 12/8/2014
RESOLUTION NO. 65-14
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 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 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 the December 2, 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 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
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Res.No. 65-14
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 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 2nd day of December, 2014.
MAYOR
ATTEST:
This instrument was prepared by:
Noel Pfeffer, City Attorney
200 N.W. 1"Avenue
City Clerk
Delray Beach, Florida 33444
3
Res.No. 65-14