Res 70-14 RESOLUTION NO. 70-14
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,
i
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 fim ish 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 inade 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 tirrre 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 fine heating wherein a decision was rendered adverse to the property ownet(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 patcel(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 die 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
itrunediately mail by first class mail to the ownet(s) of the property, as such ownership appears upon
the records of the Coun"7 Tax. Assessor, notice(s) that the City Commission of the City of Delray
Beach at die December 4, 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 die rate of S%per annum, plus reasonable attorney's fees and
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Res.No. 70-14
other costs of collecting said sums. A Notice of Lien shall be inailed, 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
property(s), and interest shall accrue at the rate of eight (8) percent per annun-i 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 9s' 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
Res.No. 70-14
Coversheet Page 1 of 1
r
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Terry Stewart, Interim City Manager
DATE: December 1, 2014
SUBJECT: AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF DECEMBER 9, 2014
RESOLUTION NO. 70-14
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 thirteen (13) properties throughout the City of Delray Beach.
RECOMMENDATION
Recommend approval of Resolution No. 70-14.
http://agendas.mydelraybeach.com/Bluesheet.aspx?1tem1D=8660&MeetingID=540 12/11/2014
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
18 SE 1st STREET
SUNDY & CROMER AMND PL LT 24 & LT 25 (LESS E
6 FT SE 1ST AVE R/W) BLK 70 K/A (OLD SCHOOL
SQUARE HISTORIC DISTRICT) MGM SUNDY HOUSE, LLC
PCN 12 43 46 16 B4 070 0240 310 SE 1ST STREET STE#2
CASE NO. RN 14-57854 DELRAY BEACH, FL 33483 $ 85.00 Invoice No. 39624
$ 55.00 Admin Fee
$ 25.00 Admin Fee
$ 165.00
809 NW 2ND STREET ZMAX INVESTORS, LLC
TOURIST NOOK DELRAY W 1/2 OF LTS 17& 18 BLK B 300 BAVIEW DRIVE UNIT 705
PCN: 12 43 46 17 25 002 0172 SUNNY ISLE BEACH, FL 33160
CASE NO. NA 14-56815 $ 167.00 Invoice No. 39621
$ 55.00 Admin Fee
$ 25.00 Admin Fee
$ 247.00
NW 15TH AVENUE
17-46-43, E 50 FT OF W 583 FT OF S 139.9 FT OF N
312.4 FT OF N 1/2 OF NW 1/4 OF SW 1/4 OF NW 1/4 TREVOR GOODRUM & KAREN
PCN: 12 43 46 17 00 000 3040 MCNAIR
CASE NO. RN 14-56921 3051 NW 8TH ROAD
FORT LAUDERDALE, FL 33311 $ 137.00 Invoice No. 39619
$ 55.00 Admin Fee
$ 25.00 Admin Fee
$ 217.00
522 DAVIS ROAD
DELRAY SHORES LT 3 BLK 2 CYNTHIA SHEA
PCN: 12 43 46 07 01 002 0030 PO BOX 7658
CASE NO. NA 14-56118 DELRAY BEACH, FL 33482 $ 110.00 Invoice No. 39623
$ 55.00 Admin Fee
$ 25.00 Admin Fee
$ 190.00
240 NW 9TH AVENUE
TOURIST NOOK DELRAY LT 27 BLK A JASON BRENNER
PCN: 12 43 46 17 25 001 0270 90 SW 3RD STREET#2705
CASE NO. NA 14-525249 MIAMI, FL 33130 $ 114.40 Invoice No. 39377
$ 55.00 Admin Fee
$ 25.00 Admin Fee
$ 194.40
4834 NW 6TH CT
PINE TRAIL SEC II E 1/2 OF LT 12 BLK 3 GREG KROWITZ
PCN: 12 42 46 12 08 003 0122 4834 NW 6TH CT
CASE NO. NA 14-51892 DELRAY BEACH, FL 33445-2113 $ 158.00 Invoice No. 39379
$ 55.00 lAdmin Fee
$ 25.00 lAdmin Fee
$ 238.00
RES NO. 70-14
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
4826 NW 5TH STREET
PINE TRAIL SEC II E 40 FT OF W 41.27 FT OF LT 1 EVELYNN MITCHELL
BLK 4 2545 DORSON WAY
PCN: 12 42 46 12 08 004 0012 DELRAY BEACH, FL 33445
CASE NO. NA14-52071 $ 134.50 Invoice No. 39380
$ 55.00 Admin Fee
$ 25.00 Admin Fee
$ 214.50
1201 SW 20TH TERRACE
DELRAY BEACH HIGHLANDS SEC 1 LT 1 BLK 3 MARGARET LYNCH
PCN: 12 43 46 19 02 003 0010 PO BOX 160
CASE NO. NA 14-52153 ROSELAND, FL 32957 $ 161.50 Invoice No. 39381
$ 55.00 Admin Fee
$ 25.00 Admin Fee
$ 241.50
107 NW 10TH AVENUE
WEST SIDE HEIGHTS DELRAY LT 11 BLK A JANI E WAGNER
PCN: 12 43 46 17 26 001 0110 252 NE 15TH STREET
CASE NO. RN 14-53758 DELRAY BEACH, FL 33444 $ 145.50 Invoice No. 39395
$ 55.00 Admin Fee
$ 25.00 Admin Fee
$ 225.50
5074 NW 5TH ST
PINE TRAIL SEC 4 LT 13 (LESS ELY 40 FT) BLK 4 TAMARRA NICOLL
PCN: 12 42 46 12 12 004 0131 5074 NW 5TH AVENUE
CASE NO. NA 14-52836 DELRAY BEACH, FL 33445 $ 100.00 Invoice No. 39396
$ 55.00 Admin Fee
$ 25.00 Admin Fee
$ 180.00
480 LAWRENCE RD
DELRAY SHORES 1ST ADD LT 5 (LESS S 1.25 FT L-
32 CNL R/W) BLK 16 DECEMBRE MARTES
PCN: 12 43 46 07 02 016 0050 480 LAWRENCE ROAD
CASE NO. NA 14-53161 DELRAY BEACH, FL 33445 $ 162.80 Invoice No. 39397
$ 55.00 Admin Fee
$ 25.00 Admin Fee
$ 242.80
2311 DORSON WAY
DELRAY SHORES LT 1 BLK 5
PCN: 12 43 46 07 01 005 0010 DOROTHY SPIVEY
CASE NO. NA 14-52919 2311 DORSON WAY
DELRAY BEACH, FL 33445 $ 164.00 Invoice No. 39398
$ 55.00 Admin Fee
$ 25.00 Admin Fee
$ 244.00
2 RES NO. 70-14
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
222 SW 14TH AVE
ATLANTIC PARK GARDENS PRIEST ADD N 54 FT OF
S 334 FT OF E 1/2 OF BLK 3 MARIE DIAZ
PCN: 12 43 46 17 19 003 0061 222 SW 14TH AVENUE
CASE NO. NA 14-52698 DELRAY BEACH, FL 33444 $ 189.50 Invoice No. 39399
$ 55.00 Admin Fee
$ 25.00 Admin Fee
$ 269.50
VIOLATION IS: SECTION 100.01—LAND TO BE KEPT FREE OF DEBRIS,VEGETATION, AND
MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE
3 RES NO. 70-14