Res No. 86-17 - --_._---- ....
RESOLUTION NO. 86-17
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
lI 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 AND FOR OTHER PURPOSES.
WHEREAS, the City Manager, or his designee 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,
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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 designee 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
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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
thata 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 owners) 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 as Exhibit "A", 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 its Meeting on December 11, 2017, 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 other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice
of Assessment and this resolution.
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Res No. 86-17
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 co of this resolution a lien shall
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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 11"' day of December, 2017.
i
YOR
I
ATTEST:
City Clerk
s
j APPROVED AS AND
g,,--TR " FFI E
R.
Maf Lohman, City Attorney
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Res No. 86-17
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
EXHIBIT A
PROPERTY DESCRIPTION OWNER ASSESSMENT
522 DAVIS ROAD SHEA CYNTHIA D ESTATES
DELRAY SHORES LT 3 BLK 2 522 DAVIS ROAD
PCN 12-43-46-07-01-002-0030 DELRAY BEACH, FL 33444
$ 500.00
14960 WHATLEY RD 495 EMERALD VIS
LT 34(LESS S 1/2)&S 37.5 FT. OF LT 35 GRAYHAWK DEVELOPMENT CORP
PCN 12 42 46 13 02 000 0351 (14960)
CASE NO. NA 17-99732 (Cust No. 9473) % LAWRENCE B HAWKINS, REG
AGT $ 185.00 Invoice No. 41731
$ 55.00 Admin Fee
14950 WHATLEY RD 495 EMERALD VIS
COUNTRY CLUB ACRES 1ST ADD GRAYHAWK DEVELOPMENT CORP
LT 35(LESS S 37.5 FT) < 36 (14960)
PCN 12 42 46 13 02 000 0351 % LAWRENCE B HAWKINS, REG
CASE NO. NA 17-99731 (Cust No. 9473) AGT
$ 185.00 Invoice No.41730
$ 55.00 Admin Fee
Admin Fee
14916 WHATLEY RD MELLIES JEANNIE R
COUNTRY CLUB ACRES 1 ST ADD 14916 WHATLEY RD
N 25 FT OF LT 39& LTS 40&41 DELRAY BEACH, FL 33445-3833
PCN 12 42 46 13 02 000 0391
CASE NO. NA 17-99728 (Gust No. 14200) $ 165.00 Invoice No. 41734
$ 55.00 Admin Fee
FLORIDA BLVD.
TROPIC ISLE 3RD SECION LTS 411 &412 KATHARINE D MARTENS
PCN 12 43 46 28 03 000 4110 589 DEERFIELD DR
CASE NO. NA 17-98747(Gust No. 8844) MELBOURNE, FL 32940-1947 $ 190.00 Invoice No.41729
$ 55.00 Admin Fee
Admin Fee
UNKNOWN
TROPIC ISLE 2ND SECTON LT 200 MARJORIE MARGOLIES R/A
PCN 12 43 46 28 02 000 2000 140 FEDERAL HWY
CASE NO. NA 17-99170 (Cust No. 14229) BOCA RATON, FL 33432 $ 155.00 Invoice No.41733
$ 55.00 Admin Fee
Exhibit A
PROPERTY DESCRIPTION OWNER ASSESSMENT
715 NW 1 ST STREET
TOWN OF DELRAY
E 50 FT OF W 122 FT OF S 135 FT OF BLK 3 ROBERT WALLACE
PCN 12 43 46 16 01 003 0070 122 OAK STREET
CASE NO. NA 17-99012 (Cust No. 14172) NATICK, MA 01760 $ 140.00 Invoice No. 40428
$ 55.00 Admin Fee
101 NW 10TH AVE
WEST SIDE GEIGHTS DELRAY DERRICK&CAROLE JONES
LT 12 BLK A 4863 NW 54TH AVE
PCN: 12 43 46 17 26 001 0120 POMPANO BEACH, FL 33073
CASE NO. NA 17-98785 (Cust No. 14211 $ 130.00 Invoice No. 41735
VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE $55.00 Admin Fee
OF DEBRIS, VEGATION, MATTER CONSTITUTING HAZARDS; DECLARED
NUISANCE
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