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Res 27-07I~ININ~N~N1~1111~N11MI~ CFN 20070459978 OR BK 22154 PG 0114 RfiCORDfiD 10/02/2007 15:35:15 Pal^ Beach County, Florida Sharon R. Bock,CLfiRR 3 COMPTROLLfiR Pga 0114 - 123; (10pga) RESOLUTION NO. 27-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST 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. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or pazcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the Ciry of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has deternned that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 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 unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the budding was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and upon failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Boazd of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.21 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition 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 Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE TI' RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 'on 1. That assessments in the amount of $10,774.94 Ten thousand seven hundred seventy-four AND 94/100 dollars as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, aze hereby levied against the pazcel(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 7.8.21 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 aze collectible. ec ' n 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments aze levied. ection 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appeazs upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regazding an unsafe building 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 eight percent (8%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. 2 Res. No. 27-07 Section 4. That this resolution shall become effective immediately upon 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 percent (8%) per annum plus reasonable attorney's fee and other costs of collection. 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 eight (8%), and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regulaz session on this 17 day of April 2007. MAYOR ATTEST: ~~,. _ Q e ~ ~~ ti ;. City Clerk This instrument was prepared by: Susan A. Ruby, City Attorney 200 N.W. 1" Avenue Deltay Beach, Florida 33444 Res. No. 27-07 CITM OF DELRAM BEACH DELRAY BEACH ~~ CITY CLERK 100 N.W. 1st AVENUE ~ DELRAY BEACH, FLORIDA 33444 ~ 561243-7000 1 I '~ 1993 CERTIFICATION 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. 27-07 which was passed by the City Commission on April 17, 2007. IN WITNESS THEREFORE, I have hereunto set my hand and the official seal of the City of Dekay Beach, Florida, on this the 17`h day of April, 2007. Chevelle D. Nubin, CMC City Clerk City of Delray Beach, Florida SEAL THE EFFORT ALWAYS MATTERS ® PNnfsd m Rxycle0 Psper CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: ROBERT M. OPPENHEDYIER MAILING ADDRESS: 4869 PINEVIIs'W CIItCLE DELRAY BEACH, FLORIDA 33445-4318 PROPERTY ADDRESS: 4869 PINEVIEW CHICLE LEGAL DESCRIPTION: EVERGREENE LTS 17 & 17A BLK 3, ORB 17392/PG 160 PCN: 12-42-46-24-10-003-0170 You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $ 328.02 by resolution of the City Commission of the City of Delray Beach, Florida, dated April 17, 2007 has been levied against the above described property. The costs were incurred as a result of an abatement action regazding the above described property. You were given notice on January 31, 2007 that the Chief Building official had determined that abuilding/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. X .You failed to appeal the decision of the Chief Building Official to the Boazd of Construction Appeals. You were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Building Official to the Boazd of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Boazd of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Boazd Construction Appeals. You appealed the decision of the Building Official to the Boazd of Construction Appeals on .The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on 4869 Pineview Circle: Delrav Beach at a cost of 328.02 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Pahn Beach County, Florida against the above-described property. 4 Res. No. 27-07 ~ f and recording vests shall be recorded in the official Rewrds of Palm Beach County, Florida against the above-described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk, CMC 5 Res. No. 27-07 w ~, CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: MAII.ING ADDRESS: PROPERTY ADDRESS: LEGAL DESCRIPTION: CERTIFIED MAIL: CARMINE K. DELLAPITETRO 1127 MIItAMAR DRIVE DELRAY BEACH, FLORIDA 33483 1127 MIRAMAR DRIVE THE WILLIAMSON DEIBEL SUB LT 17 PCN: 12-03-06-16-29-000-0170 You, as the record owner, of, or holder of an interest in, the above described propeity aze hereby advised that a cost of $ 7. 660.62 by resolution of the City Commission of the City of Delray Beach, Florida, dated April 17, 2007 has been levied against the above described property. The costs were incurred as a result of an abatement action regazding the above described property. You were given notice on January 13. 2006 and Ju[v 17. 2006 that the Chief Building official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. X You failed to appeal the decision of the Chief Building Official to the Board of Construction Appeals. You were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Building Official to the Boazd of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Boazd of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Boazd Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on .The Boazd of Construction upheld the decision of the Building Official The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on 1127 Miramar Drive: Delrav Beach at a cost of $7. 660.62 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative 4 Res. No. 27-07 and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above-described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. iN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION ~. ~~ City Clerk, CMC 5 Res. No. 27-07 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: MAGGIE ROLLE MAILING ADDRESS: 106 NW 10~ AVENUE DELRAY BEACH, FLORH)A 33444 PROPERTY ADDRESS: 106 & 108 NW lOr" AVENUE LEGAL DESCRIPTION: 17-46-43, E 135 FT (LESS N 150 FT, S 50 FT & E 25 FT RD R/VV) & W 15 FT OF E 150 FT AS IN ORB 06254 PG 898-899 PCN: 12-43-46-17-42-006-0240 You, as the record owner, of, or holder of an interest in, the above described property aze hereby advised that a cost of $ 2,786.30 by resolution of the City Commission of the City of Delray Beach, Florida, dated April 17, 2007 has been levied against the above described property. The costs were incurred as a result of an abatement action regazding the above described property. You were given notice on Aurust 4. 2006 and September 6. 2006 that the Chief Building official had determined that abuilding/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. X You failed to appeal the decision of the Chief Building Official to the Board of Construction Appeals. You were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Building Official to the Boazd of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Boazd Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on .The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on 106 & 108 NW lOs' Avenue: Delray Beach at a cost of 2 786.30 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional 4 Res. No. 27-07 administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above-described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN ETTHER TYPE OF ACTION, THE CTI'Y SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARTI'Y WITH GENERAL CTTY TAXES AND SHALL HAVE PRIORTTY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of ail notices referred to in this notice are available in the ofFice of the Chief Building OfFicial. BY ORDER OF THE CITY COMMISSION C9 t ~. ~~...,~ City Clerk, CMC 5 Res. No. 27-07 i RESOLUTION NO. 27-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST 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. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Dekay Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 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 unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and upon failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, \. WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.21 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Dekay Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition 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 amount of $10 , 7 74.94 Ten thousand seven hundred seventy-four AND 94/100 dollars as shown by the report of the City Manager of the City of Delray 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 7.8.21 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 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 certified mail, postage prepaid, return receipt requested, 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 has levied an assessment against said property for the cost of abatement action regarding an unsafe building 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 eight percent (8%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. 2 Res. No. 27-07 f \ i Section 4. That this resolution shall become effective immediately upon 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 percent (8%) per annum plus reasonable attorney's fee and other costs of collection. 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 eight (8%), and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this 1 ~ day of April , 2007. w MAYOR ATTEST: ~. Ciry Clerk This instrument was prepared by: Susan A. Ruby, City Attorney 200 N.W. 1" Avenue Delray Beach, Florida 33444 Res. No. 27-07 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER DATE: APRIL 13, 2007 SUBJECT: AGENDA ITEM # U • ~ -REGULAR MEETING OF APRIL 17, 2007 RESOLUTION N0.27-07 ITEM BEFORE COMMISSION This is a resolution assessing costs for abatement action required for the emergency board-up of unsafe structures located at: 106 & 108 NW 10~' Avenue, 1127 Miramar Drive and 4869 Pineview Circle. BACKGROUND The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessment remains unpaid. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Resolution No. 27-07. S:\Ciry Clerk\LIEN PROCESS\AGMEMOS\Resolution Memos 2007\RES NO.27-07.doc RESOLUTION NO. 27-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST 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. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 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 unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and upon failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.21 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition 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 Article 7.8 of the Land Development Regulations desires to assess the cost of said condition 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 amount of as shown by the report of the City Manager of the City of Dekay 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 7.8.21 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 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 certified mail, postage prepaid, return receipt requested, 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 has levied an assessment against said property for the cost of abatement action regarding an unsafe building 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 eight percent (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 thirty (30) days after the mailing Res. No. 27-07 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 percent (8%) per annum plus reasonable attorney's fee and other costs of collection. 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 eight (8%), and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this day of 2007. 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. 27-07 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: CARMINE K. DELLAPITETRO MAILING ADDRESS: 1127 MIRAMAR DRIVE DELRAY BEACH, FLORIDA 33483 PROPERTY ADDRESS: 1127 MIRAMAR DRIVE LEGAL DESCRIPTION: THE WILLIAM50N DEIBEL SUB LT 17 PCN: 12-03-46-16-29-000-0170 You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $ 7, 660.62 by resolution of the City Commission of the City of Delray Beach, Florida, dated ( ), 2007 has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on that the Chief Building official had determined that abuilding/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. X You failed to appeal the decision of the Chief Building Official to the Board of Construction Appeals. You were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on .The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on 1127 Miramar Drive; Delray Beach at a cost of $7, 660.62 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above-described property. Res. No. 27-07 THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk Res. No. 27-07 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: ROBERT M. OPPENHEIMER MAILING ADDRESS: 4869 PINEVIEW CIRCLE DELRAY BEACH, FLORIDA 33445-4318 PROPERTY ADDRESS: 4869 PINEVIEW CIRCLE LEGAL DESCRIPTION: EVERGREENE LTS 17 & 17A BLK 3, ORB 17392/PG 160 PCN: 12-42-46-24-10-003-0170 You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $ 328.02 by resolution of the City Commission of the City of Delray Beach, Florida, dated ( ), 2007 has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on that the Chief Building official had determined that abuilding/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. X You failed to appeal the decision of the Chief Building Official to the Board of Construction Appeals. You were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on .The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on 4869 Pineview Circle; Delray Beach at a cost of 328.02 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above-described property. Res. No. 27-07 THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk Res. No. 27-07 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO• MAGGIE ROLLE MAILING ADDRESS: 106 NW 10TH AVENUE DELRAY BEACH, FLORIDA 33444 PROPERTY ADDRESS: 106 & 108 NW 10TH AVENUE LEGAL DESCRIPTION: 17-46-43, E 135 FT (LESS N 150 FT, S 50 FT & E 25 FT RD R/VV) & W 15 FT OF E 150 FT AS IN ORB 06254 PG 898-899 PCN: 12-43-46-17-42-006-0240 You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $ 2,786.30 by resolution of the City Commission of the City of Delray Beach, Florida, dated (~, 2007 has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on that the Chief Building official had determined that abuilding/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. X You failed to appeal the decision of the Chief Building Official to the Board of Construction Appeals. You were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on .The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on 106 NW 10th Avenue; Delray Beach at a cost of 2 786.30 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above-described property. 4 Res. No. 27-07 THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk, CMC s Res. No. 27-07