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Res 07-07~~ ~ , CITE OF DELRA~ BEACH .~ N ~ ~ o n ~~~o~~ _ DELRAY BEACH ~ m deft) N '~" X7 All-America City , ~. m N 9 1 ' r0 C~~ E'' V ~X~ ~~~ !ems .. (7 C m Ifi Q~ ~i t ,,, r 1993 ~~ vb9 ~ x~m +n~ a 2001 CERTIFICATION ~ oa~~~ bm ~a ~ ~, ~, : o r ~ I, CHEVELLE NUBIN, City Clerk of the City of Delray Beach, Florida, do hereby certify that the above and foregoing is a true and correct copy of Resolution No. 07-07 whi ch was passed by the City Commission on March 15, 2007. IN WITNESS THEREFORE, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 15`h day of March, 2007. ~• . ~, ~ = Chevelle D. Nubin, CMC - -- City Clerk ~, - City of Delray Beach, Florida . .~ i /-_-• Art ..d . "y' ~ - dw J ~ `~ ~ ~ ,:% ~ '~'-~. SEAL -, gyred t RESOLUTION NO. 7-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY 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 Ciry 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 Ciry 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 94 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 Ciry of Delray Beach, through the Ciry 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 Ciry Manager of the Ciry of Delray Beach has, pursuant to Chapter 90 of the Code of Ordinances of the Ciry of Dekay Beach, submitted to the Ciry 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 CI'I"Y 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 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) 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 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 Dekay 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 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. 7-07 . ~ i j . ,,` 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 in regular session on this ~ day of 2007. ~~~ ATTEST: ~ City Clerk This instrument was prepared by: Susan A. Ruby, City Attorney 200 N.W. 1" Avenue Delray Beach, Florida 33444 Res. Na. 7-07 - - COST OF ABATING NUISANCES UNDER CHAPTER 90 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT 222 NE 16th STREET PLUMOSA PARK SEC A LOT 57 PB 23 P 68 PCN: 12 43 46 09 19 000 0570 CASE NO. AV06-55144 CUST NO. 6367 DEBORAH PEASON 618 BUNTING DRIVE DELRAY BEACH, FL 33444 45.00 nv. No. 30656 $ 25.00 Admin Fee $ 70.00 230 SW 3rd AVENUE TOWN OF DELRAY S 75 FT OF N 150 FT OF E 1/2 IF S 1/2 BLK 39 PB 11 P 34 PCN: 12 43 46 16 01 039 0050 CASE NO. AV06-54664 COST NO. 6631 ROBERT L & ANGELA D BURNS 2578 LAKE IDA RD DELRAY BEACH, FL 33445 45.00 nv. No. 30657 $ 25.00 Admin Fee $ 70.00 2121 W ATLANTIC AVENUE 18-46-43, W 100 FT OF E 442.4 FT OF SLY 124.19 FT OF NW 1/4 OF SE 1/4 LYG N OF ADJ TO SR 806 PB 6 P51 PCN: 12 43 46 18 00 000 5150 CASE NO. AV06-55369 COST NO. 12214 BD FOOD MART aka STOP-N-GO INC. c/o ABUNASIR ARMED, REG AGT 2121 W ATLANTIC AVE DELRAY BEACH, FLORIDA 33445 45.00 nv. No. 30659 $ 25.00 Admin Fee $ 70.00 VIOLATION IS: SECTION 90 03 -S TORING PARKING OR LEAVING . , WRECKED OR INOPERABLE MOTOR HAZARDS DECLARED NUISANCE ; RES. NO.7-07 (revised).xls RESOLUTION NO. 7-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTNE 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 Dekay 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 fiunish 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 Dekay 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 Ciry 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 Ciry Commission of the City of Dekay 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 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 Dekay 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) 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 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 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 properry(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. 7-07 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 in regular session on this ~ day of 2007. ~,~ z /~~ ATTEST: ~. ~~,~ City Clerk This instrument was prepared by: Susan A. Ruby, City Attorney 200 N.W.1" Avenue Delray Beach, Florida 33444 Res. No. 7-07 CITE OF DELRA~ .BEACH DELRAYBEACH l O R D C ITY CLERK 100 N.W. 1st AVENUE DELRAY BEACH, FLQRIDA33444 561/243-7000 All-America City 2001 1993 CERTIFICATION I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 7-07, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 6"' day of February, 2007. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 7~' day of September, 2007. ti ta,~ ~. Chevelle Nubin, CMC x ~'~`.~` ~ ~~ ~ - City Clerk ,. ' `~'' ' ~ ` ~ ~T-.`.~, City of Delray Beach, Florida _... ~, !ry ~ Y V i~ (SEAL) ® panted on RecyoreEd ;~~~e, ~ H E EFFORT- A LV~IAY S MAT -~" ~ !~ S MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SUBJECT: DATE: FEBRUARY 2, 2007 This is a resolution assessing costs for abatement action necessary to remove junked and/or abandoned vehicles from six (6) 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. 7-07 RESOLUTION N0.7-07 RESOLUTION NO. 7-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY 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 ASSESS- MENTS; 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 nuisance(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 Dekay 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 Dekay 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 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 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) 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 and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. 'on 2. That such assessment shall be legal, valid and binding obligations upon the property against which said assessments are levied. 'on 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. ction 4. That this resolution shall become effective immediately upon 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 pxoperty(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. 7-07 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 in regular session on this day of 2006. MAYOR ATTEST: City Clerk This instrument was prepared by: Susan A. Ruby, City Attorney 200 N.W. 1" Avenue Delray Beach, Florida 33444 Res. No. 7-07 COST OF ABATING NUISANCES UNDER CHAPTER 90 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT 710 & 714 S SW INTON AVE ii 20-46-43, E 390.05 FT OF N 244 FT OF E 3/4 GRACE COMMUNITY CHRIST & OF LT 11 MISSIONARY CHURCH (LESS E 33 FT SWINTON AVENUE & S 20 FT c/o JEAN JOSEPH, REG AGT !. SW 8TH ST RD R/WS) PB 28 P 68 7451 LADSON TERRACE PCN: 12 43 46 20 01 011 0021 LAKE WORTH, FLORIDA 33467 CASE NO. AV06-53412 CUST NO. 8441 $ 45.00 Inv. No. 30654 $ 25.00 Admin Fee $ 70.00 710 & 714 S SWINTON AVE 20-46-43, E 390.05 FT OF N 244 FT OF E 3/4 GRACE COMMUNITY CHRIST & OF LT 11 MISSIONARY CHURCH (LESS E 33 FT SWINTON AVENUE & S 20 FT Go JEAN JOSEPH, REG AGT SW 8TH ST RD R/WS) PB 28 P 68 7451 LADSON TERRACE PCN: 12 43 46 20 01 011 0021 LAKE WORTH, FLORIDA 33467 CASE NO. AV06-53594 CUST N0.8441 $ 45.00 Inv, No, 30655 $ 25.00 Admin Fee $ 70.00 222 NE 16th STREET DEBORAH PEASON PLUMOSA PARK SEC A LOT 57 PB 23 P 68 618 BUNTING DRIVE PCN: 12 43 46 09 19 000 0570 DELRAY BEACH FL 33444 CASE NO. AV06-55144 COST N0.6367 , $ 45.00 Inv. No. 30656 $ 25.00 Admin Fee $ 70.00 230 SW 3rd AVENUE TOWN OF DELRAY ROBERT L & ANGELA D BURNS S 75 FT OF N 150 FT OF E 1/2 IF S 1/2 BLK 39 2578 LAKE IDA RD PB 11 P 34 DELRAY BEACH, FL 33445 PCN: 12 43 46 16 01 039 0050 CASE NO. AV06-54664 CUST N0.6631 $ 45.00 Inv. No. 30657 $ 25.00 Admin Fee $ 70.00 710 & 714 S SW INTON AVE 20-46-43, E 390.05 FT OF N 244 FT OF E 3/4 GRACE COMMUNITY CHRIST 8 OF LT 11 MISSIONARY CHURCH (LESS E 33 FT SWINTON AVENUE & S 20 FT c/o JEAN JOSEPH, REG AGT SW 8TH ST RD R/WS) PB 28 P 68 7451 LADSON TERRACE PCN: 12 43 46 20 01 011 0021 LAKE WORTH, FLORIDA 33467 CASE NO. AV06-53398 CUST N0.8441 $ 45.00 Inv. No, 30658 $ 25.00 Admin Fee $ 70.00 RES. N0.7-07.xls COST OF ABATING NUISANCES UNDER CHAPTER 90 OF THE CODE OF ORDINANCE 2121 W ATLANTIC AVENUE 18-46-43, W 100 FT OF E 442.4 FT OF SLY 124.19 FT OF NW 1/4 OF SE 1/4 LYG N OF ADJ TO SR 806 PB 6 P51 PCN: 12 43 46 18 00 000 5150 CASE NO. AV06-55369 CUST NO. 12214 BD FOOD MART aka STOP-N-GO INC. c/o ABUNASIR ARMED, REG AGT 2121 W ATLANTIC AVE DELRAY BEACH, FLORIDA 33445 45.00 nv. No. 30659 $ 25.00 Admin Fee $ 70.00 VIOLATION IS: SECTION 90 03 -S TORING PARKING OR LEAVING . , WRECKED OR INOPERABLE MOTOR HAZARDS DECLARED NUISANCE ; RES. NO.7-07.xls