Res 84-00~RESOLUTION RO.
A SOLUTIO )OF THE CITY COMMIS~{6)N OF THE CITY OF DELRA~'
BEACH, FLORIDA, PURSUANT TO ARTICL~ 7.8, ;'UNSAFE B~LDiNGS",
OF THE LAND DEVELOPMENT REG~,~AT~ONS *OF T}~E CITY OF DELRAY
BEACH, ASSESSING COSTS FOR ~ABA~fEMENT A~TION REGARDING AN
UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO
"~CC6MPLI~H SUCH ABATEMENT AND LEVYING THE COST OF SUCH
~.~T~ON; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE
- AND INTEREST ASSESSMENTS; PROVIDING FOR THE ~m~-~mT-~'c~ ~=
THIS RESOLUTION, -AND D~CL~LNG SAID LEVY TO ~. A ~ F~ ~u 0~4
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 Dnd 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,
~ ~ WHErRieS,_ n~Dth~r aE~ppeal to the Board of Construction Appeals or
corrective actior,'u~wa~_tm~ert~ken in accordance with the order of the Chief
Building Official; therefore pursuant to Article ~...8~_f t~e La~d Development
Regulations the Buildi~ Of~__fici~-i ~aused the aba~~ action ~o be done;
and, ~ - ~ ~ ~ '~ ,~ ~
~EREAS, the City Manager of the City of lr~-Be h has, ~pursuant
to ~ction ~.8.11 of the Land Development Regulations of the City of Delray
Bea~, ~~t~ to the City Co~ission a report of the costs incurred in
abating said condition as aforesaid, said report indicatin~ the costs per
parcel of land involved; and,
~ ~REAS, ~e ~fty ~o~s~i~ ~ the~Clt~ :x P r .ay Beach, pursuant
to Article 7.8 of the Land Developmen~Re~lat%ons desires to assess the cost
of said condition against said property o~er(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessment~ in the amount of
Four Thousand Three Hundred Eighty-~heoDollars and 73/100 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. 84-00
~h~-rate ~f ~ix p~f~'ent (6%) per afmu~;plu~ reasonable attorney'~_fe~sand
other costs ~ collec~g said sums~ -~
. ~ ~ ~ _ .- .
Section 4. That this resolu~n~hal~ beCome-effective thirty -(3~
day~ f~om the date of adoption and th~a~essment(~) contained herein shal~
-- ~come 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
proper~y(s~: an~ i~terest shall accrue at the rate of six percent (6%) per
annu~:~lus :e~sonable attorney's fee and other costs of collection.
Section 5. T~t ~the~event that pa~ent has not been received by
the City Clerk within t~ir~(~- u~ ~f~' 6 b- ~3:n~ date of the notice
of assessment, the City Clerk is hereby di~,~_~ % ', Ja~.rd a certified copy
of this resolution in the p~lic 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 s~ject property which shall secure the
cost of abatement, interest at the rate of 6%, and collection costs including
a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this the
November , 2000.
ATTEST:
%ity Cle~
7~h day of
MAYOR
Res. No. 84-00
The City of Delray Beach has therefore taken remedial action to remove the unsafe
condition existing on the above descri~.d property on September 30, 2000 at a cost of
$4.382.73 which includes a ten perc~.&(10.%) adtninistt~tive fee. If you fail to pay this
cost within thirty (30) days, that cost plus ad~itio~al administrative and recording-costs
shall be r~orded in the official Records of Palm Beach County, Florida against thOabove
described property. ,,- ~
THE CITY MAY EI pI E TIzlE AiSES(SMENT BY~ ,EITH,.ER AI~ ACTION AT
LAW OR FORECLOSURE OF THE-LIEN, WI;JICH SHALL BE FORECDOSED IN
THE S, AME MANNER AS MORT~G~_S ARE F~,REC~.LOSED LII~DERk~_ST,~TE
LAW. IN EITHER TYPE OF ACTION, THE' CITY,.SH,_ALL gE ~EI~TITLED TO
INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT,
COLLECTION COSTS, AND REASONABLE ATTORNEY'S gEES. SUCH LIENS
SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE
PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING
Copies of all notices referrerl to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CITY COMMISSION
· C~y ~21erk- d
Res. No. 84-00
~CITY OFDELRAY BEACH
~. UN~AFI~ BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
--
--- LEO~DENNIS
MAILING Al}DRESS: 6300 SW 59m PI~CE~ MIAMI~ FL 33143 ' -
PROPERTY ADDRESS: 1~24 NW 6TM AVENUE~
LEGAL DESCmPTION: NI00' OF El30' OF S
ACCORDING TO PLAT BOOK 1, PAGE Z OF THE OFFICIAL RECO~S OF PALM BEACH
~OUNTY, FL
You, as the record owner, of, or holder of an interest in, the above described property are
5 reby advised that a cost of $ 4r382.73 by resolution of the City Commission of the
City of Delray Beach, Florida, dated November 7~ 2000 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 February 16~ 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 th.e 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 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 Appeals on The Board of Construction
upheld the decision of the Chief Building Official.
Res. No. 84-00