Res 22-06
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RESOLUTION NO. 22-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE
CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH,
ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CITY OF DELRA Y 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 100.20, 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
100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) 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 ten (10) days from the
date 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 DELRA Y 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 the May 2. 2006 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 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.
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
2
Res. No. 22-06
L
(
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 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 2nd day of May, 2006.
~zt.J.
~YOR '-
ATTEST:
~~~~L'0. ~~~
City Clerk
This instrument was prepared by:
Susan A. Ruby, City Attorney
200 N.W. 1st Avenue
Delray Beach, Florida 33444
3
Res. No. 22-06
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER i ASSESSMENT
146 SW 4TH AVENUE J FELIX DELANCY
TOWN OF DELRA Y 470 DEKALB AVENUE
N 1/2 OF E 1/2 OF LT 16 BLK30 PB1 PG 3 BROOKL YN, NY 11205-4448 $ 181.00 INV # 8293
PCN 12-43-46-16-01-030-0162 $ 55.00 ADMIN FEE
INVOICE NO. 29377 - CE NUISANCE ABATEMENT $ 25.00 REC'D FEE
CUST. NO. 8293 $ 261.00
CASE NO. 05-00048278 i
700 AVENUE CHAUMONT DOLORES G BELL EST
CHATELAINE NO.1 ',700 AVENUE CHAUMONT
L T 13 BLK 5 PB29 PG94 -DELRAY BEACH, FL 33445-2202 $ 392.00 INV # 29376
PCN 12-42-46-12-03-005-0130 $ 55.00 ADMIN FEE
INVOICE # 29376 - CE NUISANCE ABATEMENT $ 25.00 REC'D FEE
CUST. NO. 9996 $ 472.00
CASE NO. 05-00049464 ,
REAR OF 506 SOUTHRIDGE SHOREWALKER HOMES LLC
SOUTH RIDGE PL 2 1613 REDGRAVE ROAD
L TS 26 & 27 BLK 10 PB13 PG39 KNOXVILLE, TN 37922 $ 181.00 INV # 29416
PCN 12-43-46-20-13-010-0260 $ 55.00 ADMIN FEE
INVOICE # 29416 - CE NUISANCE ABATEMENT $ 25.00 i REC'O FEE
CUST. NO. 10325 $ 261.00
CASE NO. 05-00048783 i
------ VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE
------ OF DEBRIS, VEGATION, MATTER CONSTITUTING HAZARDS; DECLARED ----~.
NUISANCE
j
(S):\City Clerk\L1EN PROCESS\Shells for Liens\ 2006 Resolution List\RES.No. 22-06.xls
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ffl'1
AGENDA ITEM # ~€> - RE~ULAR MEETING OF MAY 2, 2006
RESOLUTION NO. 22-06
TO:
FROM:
DATE:
APRIL 28, 2006
This is a resolution assessing costs for abatement action required to remove nuisances on four (4)
properties throughout the City.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against
the properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 22-06.
tAgmemoCE Res 22-06.DOC
RESOLUTION NO. 22-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE
CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH,
ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CITY OF DELRA Y 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 PROPER1Y 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 100.20, 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
100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) 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 ten (10) days from the
date 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 DELRA Y 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 the Ma.y 2. 2006 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 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.
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
2
Res. No. 22-06
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 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 ill regular seSS10n on this
, 2006.
day of
MAYOR
City Clerk
This instrument was prepared by:
Susan A. Ruby, City Attorney
200 N.W. 1st Avenue
Delray Beach, Florida 33444
ATTEST:
3
Res. No. 22-06
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
146 SW 4TH AVENUE J FELIX DELANCY
TOWN OF DELRAY 470 DEKALB AVENUE
N 1/2 OF E 1/2 OF L T 16 BLK 30 PB1 PG 3 BROOKLYN, NY 11205-4448 $181.00 INV # 8293
PCN 12-43-46-16-01-030-0162 $ 55.00 ADMIN FEE
INVOICE NO. 29377 - CE NUISANCE ABATEMENT I $236.00
CUST. NO. 8293
CASE NO. 05-00048278
700 AVENUE CHAUMONT DOLORES G BELL EST
CHATELAINE NO.1 700 AVENUE CHAUMONT
L T 13 BLK 5 PB29 PG94 : DELRAY BEACH, FL 33445-2202 $ 392.00 INV # 29376
PCN 12-42-46-12-03-005-0130 : $ 55.00 ADMIN FEE
INVOICE # 29376 - CE NUISANCE ABATEMENT $ 447.00
CUST. NO. 9996
CASE NO. 05-00049464
REAR OF 506 SOUTH RIDGE SHOREWALKER HOMES LLC
SOUTHRIDGE PL 2 1613 REDGRAVE ROAD
L TS 26 & 27 BLK 10 PB13 PG39 KNOXVILLE, TN 37922 $ 181.00 INV # 29416
PCN 12-43-46-20-13-010-0260 $ 55.00 ADMIN FEE
INVOICE # 29416 - CE NUISANCE ABATEMENT 1$ 236.00
CUST. NO. 10325
CASE NO. 05-00048783
101 SW 11TH AVENUE CAROLINA OVALLE
ATLANTIC GARDENS DELRAY 1700 N BAY ROAD #508
L T 1 BLK 9 PB14 PG63 MIAMI, FL 33160 $ 292.00 INV # 29415
PCN 12-43-46-17-23-009-0010 $ 55.00 ADMIN FEE
INVOICE # 29415 - CE NUISANCE ABATEMENT 347.00
CUST. NO, 11937
CASE NO. 05-00046609
VIOLATION IS: SECTION 100.01 . LAND TO BE KEPT FREE
OF DEBRIS, VEGATION, MATTER CONSTITUTING HAZARDS; DECLARED
NUISANCE
Page 1
RES. No. 22-06.xls