Res 71-06
RESOLUTION NO. 71 -06
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 DELRA Y 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 (l)
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 tOO 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 November 7.2006, 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.
2
Res. No. 71-06
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 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 ~ day of
~_ , 2006.
AAM~y1!,-
ATTEST:
~~~~l
City Clerk
This instrument was prepared by:
Susan A. Ruby, City Attomey
200 N.W. rt Avenue
Delray Beach, Florida 33444
3
Res. No. 71-06
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
SW 6th Ave
N 50 FT of S 100 FT of W 135 FT of BlK 21 Gwyndolen Clarke
PCN# 1243461601 021 0060 1430 SW 6th Way
CASE NO. 06 00053845 CUST 10 NO. 12072 Deerfield Beach, Fl 33441 $216.00 Inv.30162
$25.00 Admin Fee
$241.00
322 SW 5th Ave
N 50 FT of S 356.4 FT of E 135 FT of BlK 24 Maurice & Patricia lord
PCN # 12 43461601 0240040 8454 NW 14th St
CASE NO. 06 00054307 CUST 10 NO. 12008 Coral Springs, Fl 33071 $ 216.00 Inv.30160
$ 25.00 Admin Fee
$ 241.00
316 SW 4th Ave
l TS 4 & 24 BlK 32 Sarah Bethel
PCN# 12 43 46 16 01 032 0040 204 SW 2nd Ave
CASE NO. 06 00053759 CUST 10 NO. 12071 Oelray Beach , Fl 33444 $ 227.00 Inv.30161
$ 25.00 Admin Fee
$ 252.00
629 SE 2nd Ave
W 63.36 FT of l TS 28, 29 & 30 BlK 7 Ben & Iris Hammett
PCN# 12434621 01 0070281 2996 Byington Cir
CASE NO. 06 00054418 CUST 10 NO. 30154 Tallahassee, Fl 32303 $ 216.00 Inv.30154
$ 25.00 Admin Fee
$ 241.00
403 SW 5th Ave
lTS 1 &8 Abisset Corp Inc
PCN# 12434620100000010 PO Box 7123
CASE NO. 06 00 053922 CUST 10 NO. 5420 Oelray Beach, Fl33447 $ 216.00 Inv.30153
$ 25.00 Admin Fee
$ 241.00
Jefferson Rd
lTS68 &69 Arturo Gutierrez
PCN# 12 42 46 13 03 000 0680 3621 NW 108th Dr
CASE NO. 06 00052447 CUST 10 NO. 11932 Coral Springs, Fl 33065 $ 253.00 Inv.30159
$ 25.00 Admin Fee
$ 278.00
Ridley Temple Church of God In
SW 13th Ave Christ of America
l T 1 BLK 3 PO Box 958
PCN# 12434617 180030010 Oelray Beach, Fl 33447
CASE NO. 06 00054170 CUST 10 NO. 323 $ 216.00 Inv.30151
$ 25.00 Admin Fee
$ 241.00
Res. No. 71-06
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
SW 5th Ave
N 6 FT of S 156 FT & N 5 FT of S 50 FT of E 135 FT & Prime Property Palm Beaches
156 FT ofW 150 FT (LESS S 135 FT ofW 135 FT) % Kevin Ballard, Reg Agent
PCN# 1243461601 0220170 218 NW 11th Ave
CASE NO. 06 00052274 CUST 10 NO. 9509 Boynton Beach, FL 33435 $ 216.00 Inv. 29914
$ 25.00 Admin Fee
$ 241.00
Oelray Goltview Condo Assoc
645 SW 20th Ct % Herme Wallace, Reg Agent
PCN# 12 43 46 19 22 000 0000 312 Live Oak Lane
CASE NO. 06 00052976 CUST 10 NO. 8048 Boynton Beach, FL 33436 $ 305.00 Inv.29912
$ 25.00 Admin Fee
$ 330.00
2310 Lake Ida Rd Madsen & Celita Louth
PCN# 12 43 46 07 01 011 0250 2310 Lake Ida Rd
CASE NO. 06 53301 CUST 10 NO. 12033 Oelray Beach, FL 33445 $ 300.00 Inv. 29854
$ 25.00 Admin Fee
$ 325.00
VIOLATION IS: SECTION 100.01 . LAND TO BE KEPT FREE
OF DEBRIS, VEGATION, MATTER CONSTITUTING HAZARDS; DECLARED
NUISANCE
Res. No. 71-06
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~MANAGER
SUBJECT: AGENDA ITEM # <3, C - REGULAR MEETING OF NOVEMBER 7.2006
RESOLUTION NO. 71-06
DATE:
NOVEMBER 3, 2006
This is a resolution assessing costs for abatement action required to remove nuisances on ten (10)
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.71-06.
S:\City Clerk\UEN PROCESS\AGMEMOS\Res No. 71-06.DOC
RESOLUTION NO. 71-06
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 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 (l)
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 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 . 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.
2
Res. No. 71-06
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 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 sessIon on this
, 2006.
day of
MAYOR
ATTEST:
City Clerk
This instrument was prepared by:
Susan A. Ruby, City Attomey
200 N.W. l"t Avenue
Delray Beach, Florida 33444
3
Res. No. 71-06
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
SW 6th Ave
N 50 FT of S 100 FT of W 135 FT of BLK 21 Gwyndolen Clarke
PCN# 1243461601 021 0060 1430 SW 6th Way
CASE NO. 0600053845 CUST 10 NO. 12072 Oeerfield Beach, FL 33441 $216.00 Inv.30162
$25.00 Admin Fee
$241.00
322 SW 5th Ave
N 50 FT of S 356.4 FT of E 135 FT of BLK 24 Maurice & Patricia Lord
PCN # 1243461601 0240040 8454 NW 14th St
CASE NO. 0600054307 CUST 10 NO. 12008 Coral Springs, FL 33071 $ 216.00 Inv.30160
$ 25.00 Admin Fee
$ 241.00
316 SW 4th Ave
L TS 4 & 24 BLK 32 Sarah Bethel
PCN# 1243461601 0320040 204 SW 2nd Ave
CASE NO. 06 00053759 CUST 10 NO. 12071 Oelray Beach, FL 33444 $ 227.00 Inv. 30161
$ 25.00 Admin Fee
$ 252.00
629 SE 2nd Ave
W 63.36 FT of L TS 28, 29 & 30 BLK 7 Ben & Iris Hammett
PCN# 12434621 01 0070281 2996 Byington Cir
CASE NO. 06 00054418 CUST 10 NO. 30154 Tallahassee, FL 32303 $ 216.00 Inv.30154
$ 25.00 Admin Fee
$ 241.00
403 SW 5th Ave
LTS 1 & 8 Abisset Corp Inc
PCN# 12434620100000010 PO Box 7123
CASE NO. 06 00 053922 CUST 10 NO. 5420 Oelray Beach, FL 33447 $ 216.00 Inv. 30153
$ 25.00 Admin Fee
$ 241.00
Jefferson Rd
L TS 68 & 69 Arturo Gutierrez
PCN# 12 42 46 13 03 000 0680 3621 NW 108th Dr
CASE NO. 0600052447 CUST 10 NO. 11932 Coral Springs. FL 33065 $ 253.00 Inv.30159
$ 25.00 Admin Fee
$ 278.00
Ridley Temple Church of God In
SW 13th Ave Christ of America
L T 1 BLK 3 PO Box 958
PCN# 12434617 180030010 Oelray Beach, FL 33447
CASE NO. 0600054170 CUST 10 NO. 323 $ 216.00 Inv.30151
$ 25.00 Admin Fee
$ 241.00
Res. No. 71-06
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
SW 5th Ave
N 6 FT of S 156 FT & N 5 FT of S 50 FT of E 135 FT & Prime Property Palm Beaches
156 FT of W 150 FT (LESS S 135 FT of W 135 FT) % Kevin Ballard, Reg Agent
PCN# 1243461601 0220170 218 NW 11th Ave
CASE NO. 06 00052274 CUST 10 NO. 9509 Boynton Beach, FL 33435 $ 216.00 Inv.29914
$ 25.00 Admin Fee
$ 241.00
Oelray Golfview Condo Assoc
645 SW 20th Ct % Herme Wallace, Reg Agent
PCN# 12 43 46 19 22 000 0000 312 Live Oak Lane
CASE NO. 06 00052976 CUST 10 NO. 8048 Boynton Beach, FL 33436 $ 305.00 Inv.29912
$ 25.00 Admin Fee
$ 330.00
2310 Lake Ida Rd Madsen & Celita Louth
PCN# 1243460701 011 0250 2310 Lake Ida Rd
CASE NO. 06 53301 CUST 10 NO. 12033 Oelray Beach, FL 33445 $ 300.00 Inv.29854
$ 25.00 Admin Fee
$ 325.00
VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE
OF DEBRIS, VEGATION, MATTER CONSTITUTING HAZARDS; DECLARED
NUISANCE
Res. No. 71-06