Res 83-00 -- !
~.__ RE~L._. ION NO. 83-00 ~_ - 0 ~
BEACH, FLORIDA, PURSUANT TO ~ARTICLEJ.8~ "UNSAFE BU-I~LDII~GS'~,
BEACH; SETTING OUT ACTUAL CO~TS k-INCURRED k BY ' 7~ ~i. TO
ACCOMPLISH ~CH~ATEME~ ~ LE~ING THE CO~ ~F a Tk'
ACTION; PROVIDING FOR ~ EFFECTIVE DATE ~ FOR A DUE DATE
E~S~ PROVID~G ~R T~E ~RECORDING OF
RESOL~I~ ~D'~EC~R~G ~'D' ~ T~ ~ ~ LIEN UPON
T~E S~JECT PROPERTY FOR ~P~ID ~SSE~Ts~ PROVIDING FOR
T~E ~ILING 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 owner(s) 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 must
be filed within thirty (30) days from the date of service of the notice and
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 Construct~n~A~p~S -o--r -,
corrective a~tlo~ was uqdertaken in accordance with the order of th~C~f~f
Building Officia er re pursuant %o _tic e of the Land e elop t
B " ' '
Regulations the u~,Ld~g O£f~cial caused the ab~t~-en~-~ct~on to be done;
and, ~o - ~ ~ , ~
WHEREAS, the City Manager of the Ci~y-of-Delr~y Beach has, pursuan,~
%'to,~?ect~on~%.8.11 of the L~d ~vetg~m~t Regulgtio~= ~ ~h~ City of Delray
-BeRth, S~itted to the Cf~ ~ission a repo'-= of 2~. ~sts incurred in
abatin9 said~on~q -ag aforesaid, said report indicatin9 the costs per
parcel of~a~inyolve.~ ~nd,
~E~E~ , h~"City Co~g~ df t~,City of Delray~a~h,
p~rsu~t
to Article~7.8 of _ne Land Devel~me~ R~ula~o~s de~re~to assess the
of said condition against said property o~er~). - ~
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
T~o Hundred T~entyPollars and 01/100 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 7.8.11 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 and with the same penalties and under the same
provisions as to sale and foreclosure as City taxes are 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 the
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
Res. No. 83-00
the rate of six ~erc~ht [6%) per annum, plus rea~6na~le ~tto_rhey's fees and
other costs of collectipg s~-id s~ms.~ ~ -
Section 4. That t~is resolution shall~-becQ~e-~ffectiv~ni-r~
days from the date of adoption and the assessment.~_) .contained h~rein 'shall
become due and payable thirty (3r]3 ~a_yF ~fter the mailing date of the notice
of ~.~aid -as~e~entis), ~af_~-~r- t'h$~_ _ ._ lien shall be placed on said
pro~rt~ ( s) ,' --and in'~.~tre_st~ sh~l Accrue at the rate of six percent (6%) per
annum plus reasonable attorney's fee and 'other costs of collection.
~--'~':~_ '~cti~n_ 5~; That i~'-t~ ever~t t.~-at ~: 'Bas ~ot been recOver-by
thirty~-(30$ d~y~ a-a-a-a-~ter ,the~maili~g date of
the 'not~ce
the City Clerk within
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 6%, and collection costs including
a reasonable attorney's fee.
"2
PASSED AND ADOPTED in regular session on this the
November , 2000.
ATTEST:
7th day of
MAYOR
Res. No. 83-00
C
TO: ~._
MAP~I_NG ADDRE~: ,~
~ITY OF DELRAY BEACH
UNS-AFE. BUILDIN G/STRUCTU~
NOTICE OF ASSESSMENT
J SS E BROWN
45 NW 14TM AVg~IUE,~EL-RA~ BleACH, FL.J~444
PROPERTY ADDRESS: 45 NW 14TM AVENUE ~ _ ~ , ~ '
KEGAL DESCRIPTION: LOTS 27 AND 28, BLOCK 1, ODMANN'S ACCORDING TO
~'LAT BOOK 4, PAGE 53 OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FL
You, ds the record owner, of, or holder of.an interest in, the above de.~cribe._d property are
I~ereby advised that a co~,?t~-of~ 22ff.01 -dS)~ reso-luti~'~n of the City Co _~rni~ion o~f the ~ty
bf De~'ay Beach, Floridav, da~ber q;,-2000 .lms begn lexSed 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 July 31, 2000 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 initiate~l 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 although 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 Chief Building official to the Board of
Construction Appeals. You were given written notification on 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 of Construction Appeals.
You appealed the decision of the Chief Building official to the Board of
Construction Appeals. You were given written notification on 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 of Construction Appeals.
You appealed the decision of the Chief Building Official to the Board of
Construction Apl~eals on The Board of Construction
upheld the decision of the Chief Building Official.
Res. No. 83-00
The City of Delray Bdach~as '-
.tll.erefore taken remedial action to remove the unsafe
condition existing on th~ ab6ve described property on May 22, 2000 at a cost of
$220.01 which includes a ten percent (10%) administrative fee. If ycyu fail to pay this
cost within thirty (30) days, that cost plus additionai,~'adn~nistrative~t~d recording cq~-ts
shal.l, be reZ~rded'in th~ q/ficial Records of Palm Beach-Cotihty, Florida against the above
descl41~ property. ;~ --
THE CITY' MAY ENFORCE T,.HE A~SES~MEN. T BY ElmER &N ACTION AT
LAW OR FORECLOSURE OF 2~IE~IEN.~' WHI~FI, SHALL BE_~_~REGLOSED,,~T IN
THE SAME MANNER AS MORTGAGFqS i~RE F. OREC4LOSED~U~DER'STA'[E
LAW. IN EITHER TYPE OF ACTION, TH~ CItY SHALL BE ENTITLED TO
INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT,
OOLLECTION 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
'~ '" ~,~. AGES. .~- ~-
Copies of all notices referred to in this"r~otice are 'available'in the office of the Chief
Building Official.
BY ORDER OF THE CITY COMMISSION
~ity Clerk
5 Res. No. 83-00