Res No. 119-18 RESOLUTION NO. 119-18
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 its Meeting on September 25, 2018, 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.
2
Res No. 119-18
_ --
_..__ _
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 assessments, 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 regula session on this day of
2018.
Shelly Petrolia,M r
ATTEST.
Katerri Johnson,P ity Clerk
APPRO A TO FO
,wE F IENC
Max an, Attorney
7
3
Res No. 119-18
COST OF ABATING NUISANCES UNDER CHAPTER 100
F THE CODE OF ORDINANCE
EXHIBIT A
'PRPJPERT"Y DFd7IpT10N"l'
- .OWNERASSESSMENT
14960 WHATLEY RD GRAYHAWK DEVEL CORP (14960)
COUNTRY CLUB ACRES 1ST ADD, % LAWRENCE B HAWKINS, REG AGT
LT 34(Less S 1/2)&S 37.5 FT OF LT 35 4495 EMERAL VIS#2
PCN 12424613020000341 LAKE WORTH, FL 33461 -5207
CASE NO. NA 18-113079(Cust No. 9473) $ 151.00 Invoice No.42140
14950 WHATLEY RD GRAYHAWK DEVEL CORP (14960)
COUNTRY CLUB ACRES 1ST ADD, % LAWRENCE B HAWKINS, REG AGT
LT 34(Less S 37.5 FT)< 36 4495 EMERAL VIS#2
PCN 12424613020000351 LAKE WORTH, FL 33461 -5207
CASE NO. NA 18-113073(Cust No. 9473)
$ 135.00 Invoice No.42139
1314 SW 22ND AVE JORGE VIDAURE
DELRAY BEACH HIGHLANDS SEC 3 LT 8 BLK 1314 SW 22ND AVENUE
8 PCN 12434619040080080 DELRAY BEACH, FL 33445
CASE NO. NA 18-113054 (Cust No. 12594) $ 135.00 Invoice No.42141
2901 ALBATROSS RD MARK& LISA ADAIR
TROPIC PALMS PL 1 LT 256 306 VENICE DR
PCN 12 43 46 29020002560 BOYNTON BEACH,
CASE NO. 18-111675 (Cust No. 14262) $ 119.00 Invoice No. 42152
MCCLEARY ST MIKE L BLANK
28-46-43, ELY 522.52 FT O N 1/4 OF NE 1/4 (US GOVT SPOIL AREA 651)
OF NW LYG W OF FIND CNL RNV (LESS S PO BOX 1245
25 FT OF E 131.49 FT&NLY 47 FT OF WLY DELRAY BEACH, FL 33447-1245
47.81 FT FOR RD RNV IN OR2346P783
PCN 12 43 46 28000003020
CASE NO. NA 18-111566 (Cust No. 252) $ 151.00 Invoice No.42136
43 SW 11TH AVE 3 OCEAN PROPERTIES LLC
ATLANTIC GARDENS DELRAY JASON FENSTER R/A
LT 19 BLK 8 613 NE 19TH AVE
PCN 12434617230080190 DEERFIELD BEACH, FL 33441
CASE NO. NA 18-112993 (Cust No. 14199) $ 119.00 Invoice No.42148
27 NW 11TH AVE DC BRO LLC
ATLANTIC PINES LT 29 BLK 2 C/O PATRICK BROTHERS
PCN 12434617170020290 14 ROYAL PALM WAY
CASE NO. NA 18-12035 (Cust. No. 14245) BOCA RATON, FL 33432 $ 119.00 Invoice No. 42150
DELRAY BEACH ESTATES HMST1 LLC
LTS 1 &1A C/O JOSEPH KUHARCIK
PCN 12434604080000010 1211 PLAZA CIR
CASE NO, NA 18-110568(Cust. 14171) RIVIERA BEACH, FL 33404
$ 127.00 Invoice No.42146
VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGATIO , MATTER
CONSTITUTING HAZARDS; DECLARED NUISANCE