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50-66 ORDINAI~I~E NO. 50-66. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, AMENDING CERTAIN SECTIONS OF CHAP- TER 15A (HOUSING STANDARDS) OF THE CODE OF ORDI'- ' NANCES OF THE CITY OP DELRAY BEACH, FLORIDA, PER- TAINING TO THE ASSESSMENT OF LIENS FOR THE COSTS AND EXPENSES INCURRED IN ELIMINATING UNSAFE OR UNSANITARY CONDITIONS OF BUILDINGS WITHIN TH~ CORPORATE LIMITS UPON THE FAILURE OF THE OWNERS THEREOF TO DEMOLISH, REMOVE OR PUT IN A STATE OF SOUND REPAIR FOLLOWING NOTICE. WHEREAS, Subsection 19 of Section 7 of the City Charter of the City of DelrayBeach authorizes the City to condemn and order to be demolished and removed or to be put in a state of sound repair any and all dilapidated, unsanitary or unsafe buildings or.structures and to provide and enforce penalties for failure to do so and au- thorizes the City to have and hold a lien thereon u~til the costs and expenses thus incurred are discharged by payment~ and WHEREAS, the City Council of the City of Delray Beach, Florida, deems it in the best interests of the citizens of this community to amend certain sections of Chapter 1SA, modifying and adding various provisions in regulations pertaining to housing standards~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH AS FOLLOWS= Section 1. That Subsection (d) of Section 15A-38, Section 15A-39 and Section 15A-41, be, and the same are hereby amended to read as follows: Sec. 15A-38. SERVICE OF NOTICES AND ORDERS. "(d) Be served upon the owner or the occupant, as the case may requirer provided that such notice shall be deemed to be properly served upon such violator if a copy thereof is delivered to him personally or by certified mail~ but, if the whereabouts of such person is unknown and the same cannot be ascertained by the building in- spector in the exercise of reasonable diligence and the building inspector shall make an affidavit to that effect, then the serving of such notice or order may be made by publishing the same once each week for two consecutive weeks in a newspaper print- ed and published in the city. A copy of such com- plaint or order shall be posted in a conspicuous place on premises affecte~ by the notice or order. Such notice may include an outline of remedial ac- tion which, if taken, will effect compliance with the provision of this chapter and with rules and regulations adopted pursuant thereto, as well as a reasonable time for such complaint according to the size, condition and location of such building or structure. Sec. 15A-39. FINAL ORDER. (a) Any notice of violation shall automatically become a final order if written request for a hear- ing is not filed in the office of the building in- spector within twenty days after receipt of said notice. Page ~. 6RDINANeE NO. 50-66. (b) "~ny'~welling structure, dwelling unit, rooming house or rooming unit condemned as unfit for human habitation, and so designated by the enforcing officer shall vaCato within twenty days. ~owever, th~ building inspector may declare that such con- ditions exist that.warrant action under Section 15~-40 (Emergency powers), in which case a shorter time period maybe designated. Sec. 15A-41. AGENCY TO ABATE HAZARDS~ LIENS. (a) Whenever any violation of this chapter, which in the opinion of the building inspector causes a direct hazard or immediate danger to the health, safety, morals or welfare of the occupants of a building or to the public, has not been corrected in the time specified by the order issued under Section 15A-38, the building inspector may take such direct action as is necessary to abate the hazard or danger. The expenses incurred by the building inspector shall be paid by the owner or occupant of the premises, or by the person who caused or maintained such nuisance or other matter to exist. (b) Promptly after completion of any repairs, alterations or demolition done by the City under authority of this ordinance, the enforcing offi- cial shall cause the owner to be billed for the cost of such work including labor, materials and title searches. The bill shall be served upon the owner by delivery to him personally or by certified mail, return receipt requested, at his last known address as shown on the City tax rolls. (c) If the bill is not paid within thirty days following such services the owner shall be noti- fied of the enforcing official's intention to ap- ply for a special assessment against the property. Such notice shall: (1) describe the premises in- volved either by legal description or street address, (2) describe the nature of the work done thereon and state the amount for which a special assessment is sought, (3} specify the date of which the City Coun- cil will hold a public hearing for the purpose of making a special assessment against the property for the cost of the work done thereon, and advise the owner of his right to be heard on any matter pertaining to the proposed special assessment, and (4) said notice shall be served on the owner not less than five (5) days prior to the date set for the hearing in the same manner as set forth above in this section. (d) At the hearing, the enforcing official shall report to the City Council on the nature of the work accomplished, the cost of the work, and the service of the required notice. All interested parties shall be given an opportunity to be heard at such hearing with respect to the validity and amount of the proposed special assessment. (e) After such hearing, the City Council may levy a special assessment against the property improved for the cost of such work done on such property in such amount as the Council may find to be prop- er and reasonable. Such assessments shall be made Page 3. ORDINANCE NO. 50-66. by the adoption of a Resolution containing find- ings of the City Council, including the finding that (a] the procedures of this ordinance have been followed, (b) that the work done was in con- formity with the requirements of this ordinance and (c) that the amount of assessment is just and reasonable and based on the actual cost of such work. The Resolution shall contain a legal de- scription of the property, the names of the owners of such property, and such other information as may be deemed appropriate. The assessment shall become effective immediately upon the adoption of the Resolution and shall bear interest thereafter at the rate of six per cent per annum. Upon the adoption of the Resolution, the City shall have a lien against the property on which the work was done and on the real estate on which it is located, as described in the Resolution, which lien shall be of equal dignity with other municipal liens for taxes, levies and assessments, and may be enforced as other such municipal liens. The owner may pay the amount of such lien, including interest, in thirty equal, consecutive, monthly installments, commencing on the first day of the month following the adoption of such Resolution. (f) A copy of such Resolution shall be served on the owner by certified mail within ten (10) days of the date of its adoption and a copy shall be published once each week for four consecutive weeks in a newspaper of general circulation with- in the City." Section 2. That if any word, phrase, clause, sentence or part of this ordinance shall be declared illegal by a court of competent jurisdiction, such record of illegality shall in no way affect the remaining portion. PASSED on second and final reading in regular session on this the 22nd day of August , 1966. MAYOR Second Reading August 22, 1966 DELRAY BEACH NEWS-JOURNAL Published Semi.Weekly Delray Beach, Palm Beach County, Florida PROOF OF PUBLICATION ~rATE OF FLORIDA COUNTY OF PALM BEACHi /~ ~, ~ ~- v~l~o om oath says that he/~l~ is ...... .( .~eY~~~k-:~. ................................. of The Delray l~ach News-Journal, a semi-weekly newspaper publimhed at~pelray, Beach in Pal~.~Beacl~ County, Florida; that ~e attached egpy of axlve ..r!:i~ment,.~ being ~n the ............................ .~ ......................... ~ ................... Courk waf publ~hed ~n m~dd new~paper ~,,~ o~ ............... ~ ~~...zz..~_z~...z~.~:~ ................................................................. Affiant further sa~s ~at the sa~d Delra¥ ~each Ne~s-~ournml ~ ~ nev~paper publ~hed a~ Delray Beach, in sa~d Palm Beach Counbj, Florida, and that ~he sa~a nev~paper ha~ heretofore beem continuously publ~hed ~n s~id Palm Beach Counbj, l~orida, each week ~nd has been entered as second ~ marl matter at ~he post office ~n Delra¥ ~_.aeh, in sa~d Palm Beach Florida, for a period ~ one ~ear next precedin~ the ~ publ~ca~on ~! ~he aCmehed cop~ ~! ad- . vertisement; and affiant further sa~s that he has neither l~d nor promised any per. n, firm corporation an.v discount, ~ebate, e~ion or refund for the purpose of ~ecuring th~s adver- ~emen~ for publ~caaon in the said new~paper. .......... ? ................. ............. .....