Res 03-07
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RESOLUTION NO. 3-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR
ABANDONED VEHICLES WITHIN THE CITY OF DELRA Y BEACH;
SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS;
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; PROVIDING FOR
THE MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 90
of the Code of Ordinances, removed junked and/or abandoned vehicles owned by persons described in the
list attached hereto and made a part hereof, for violation of the provisions of Chapter 90 of the Code of
Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray Beach,
the City Manager or his designated representative has determined that a nuisance existed in accordance
with the standards set forth in Chapter 90 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 90.02 and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof
did fail and neglect to remove said junked and/or abandoned vehicles, and thus failed to abate the nuis-
ance(s) or to properly request a hearing pursuant to Chapter 90 within the time limits prescribed in
Chapter 90 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) as required by Chapter 90 of the Code
of Ordinances; 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 remove said junked and/or
abandoned vehicles owned by persons described in the list attached and made a part hereof and incurred
costs in abating the subject nuisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 90 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; and,
II
I.
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WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 90 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 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 3, become a lien upon the
respective lots and parcel(s) ofland 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 assessment 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 on
the January 16. 2007 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.
Section 4. That this resolution shall become effective thirty (30) days from the date of
adoption and the assessment(s) contained herein and 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.
Res. No. 3-07
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Section 6. That at the time the City Clerk sends the certified copy of this resolution for
recording, a notice of lien, in the form of prescribed in Section 90.06 of the Code of Ordinances, shall be
mailed to the property owner.
PASSED
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AND ADOPTED
,2007.
III regular
seSSIOn
on this
\ '\~ day of
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o '-
ATTEST:
~~~-~. ~\~:_,
City Clerk
This instrument was prepared by:
Susan A. Ruby, City Attorney
200 N.W. 1st Avenue
Delray Beach, Florida 33444
Res. No. 3-07
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
1436 SW 2nd ST
PALACINO PARK L T 11 WILFRED W & LILLIAN HANNA
PCN: 12-43-46-17-30-000-0110 PO BOX 7943
CASE NO. AV06-51930 CUST NO. 7833 DELRAY BEACH, FL 33482 $ 45.00 Inv. 30054
$ 25.00 Admin Fee
$ 70.00
133 NW 3RD AVENUE OLA M VICKERS & LORI J
TOWN OF DELRA Y S 53 FT OF LOT 2 BLK 43 DURANTE
PCN: 12-43-46-16-01-043-0021 4165 NW 10TH ST
CASE NO. AV06-51813 CUST NO. 9543 DELRAY BEACH, FL 33445 $ 45.00 INV. 30055
$ 25.00
$ 70.00
.
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR lEAVING
WRECKED OR INOPERABLE MOTOR HAZARDS; DECLARED NUISANCE
Res. No. 4"()7.xls
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER mJJ
AGENDA ITEM ~ ~.. A - REGULAR MEETING OF JANUARY 16,2007
RESOLUTION NO. 3-07
SUBJECT:
DATE:
January 12, 2007
This is a resolution assessing costs for abatement action necessary to remove junked and/or abandoned
vehicles from two (2) properties within 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. 3-07.
S:\City Clerk\LIEN PROCESS\AGMEMOS\Reso!ution Memos 2007\RES NO. 3-07.doc
RESOLUTION NO. 3-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR
ABANDONED VEHICLES WITHIN THE CITY OF DELRA Y BEACH;
SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS;
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; PROVIDING FOR
THE MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 90
of the Code of Ordinances, removed junked and/or abandoned vehicles owned by persons described in the
list attached hereto and made a part hereof, for violation of the provisions of Chapter 90 of the Code of
Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City ofDelray Beach,
the City Manager or his designated representative has determined that a nuisance existed in accordance
with the standards set forth in Chapter 90 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 90.02 and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof
did fail and neglect to remove said junked and/or abandoned vehicles, and thus failed to abate the nuis-
ance(s) or to properly request a hearing pursuant to Chapter 90 within the time limits prescribed in
Chapter 90 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) as required by Chapter 90 of the Code
of Ordinances; 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 remove said junked and/or
abandoned vehicles owned by persons described in the list attached and made a part hereof and incurred
costs in abating the subject nuisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 90 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; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 90 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 I. 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 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 3, become a lien upon the
respective lots and parcel(s) ofland 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 assessment 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 on
the 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.
Section 4. That this resolution shall become effective immediately upon adoption, and the
assessment(s) contained herein shall become due and payable after the mailing date of the notice of the
assessment. In the event that payment has not been received within thirty (30) days after the mailing date
of the notice of the assessment 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.
Res. No. 3-07
Section 6. That at the time the City Clerk sends the certified copy of this resolution for
recording, a notice of lien, in the form of prescribed in Section 90.06 of the Code of Ordinances, shall be
mailed to the property owner.
PASSED AND ADOPTED III regular session on this
,2007.
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:
Res. No. 3-07
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
1436 SW 2nd ST -,
PALACINO PARK L T 11 WILFRED W & LILLIAN HANNA
PCN: 12-43-46-17-30-000-0110 PO BOX 7943
CASE NO. AV06-51930 CUST NO. 7833 DELRAY BEACH, FL 33482 $ 45.00 Inv. 30054
$ 25.00 Admin Fee
$ 70.00
133 NW 3RD AVENUE ! OLA M VICKERS & LORI J
TOWN OF DELRA Y S 53 FT OF LOT 2 BLK 43 DURANTE
PCN: 12-43-46-16-01-043-0021 4165 NW 10TH ST
CASE NO. AV06-51813 CUST NO. 9543 DELRA Y BEACH, FL 33445 $ 45.00 INV. 30055
-- ---...- -...-- $
25.00
$ 70.00
- ------------- ---
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING
~--- WRECKED OR INOPERABLE MOTOR HAZARDS; DECLARED NUISANCE
---
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Res. No. 3"()7.xls