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Res. No. 229-24RESOLUTION NO.229-24 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 DELRAY 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 ACCOMP ANY 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 (7)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 RESOL VED 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 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 its Meeting on November 19,2024,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 2 Res.No.229-24 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. 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 I qt.day of ¡t:TVR.Atb.r?4 2024. ATTEST:-~~4 > Alexis Givings,Int~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY Lynn 3 Res.No.229-24 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES EXHIBIT A PROPERTY DESCRIPTION OWNER ASSESSMENT 590 NW 46"Avenue DIEUVIL KARINE PCN 12-42-46-12-07-003-0041 8757 BAYSTONE CV Case No.24-9243 (Cust.No.14202)BOYNTON BEACH,FL 33473 $246.66 Invoice No.45028 300 SW 5"Avenue MINKA GROUP LLC PCN 12-43-46-16-01-024-0010 KORHAN SAYGIDEGER RIA Case No.24-7549 (Cust.No.14501)305 N SWINTON AVE $255.00 Invoice No.45029 DELRAY BEACH FL 33444 338 Southridge Road AMERICAN ATLANTIC GROUP LLC PCN 12-43-46-20-13-004-0210 ONU HOQUE RIA Case No.24-8249 (Cust.No.14502)1600 N FEDERAL HWY 112 DELRAY BEACH,FL 33483 $369.42 Invoice No.45030 VIOLATION IS:SECTION 100.01--LAND TO BE KEPT FREE OF DEBRIS,VEGATION,MATTER CONSTITUTING HAZARDS;DECLARED NUISANCE INVOICE City of Delray Beach,Florida 100 N.W.First Avenue Delray Beach,Florida,33444 (561)243-7000 45028 TO:OIEUVIL KARINE 8757 BAYSTONE CV BOYNTON BEACH,FL 33473 CUSTOMER NUMBER I DATE 14202 I 9/18/24 • CUSTOMER TYPE: ICE-CODE ENFORCEMENT ' QUANTITY l.00 1 .O O DESCRIPTION 590 N 46TH AVE CASE N3R 24 00009243 CASE 24-9243 590 NW 46TH AVE N/A COST $191.66 NUISANCE ABATEMENT COST Property Control Number: 12 42 46 12 07 003 0041 Legal Description: PINE TRAIL SEC 1 N 1/2 OF LT 4 BK 3 I UNIT PRICE 55.00 191.66 I EXTENDED PRICE 55.00 191.66 PROPERTY WAS MCWED 0N 8.23.2024 PAYMENT IS DUE WITHIN 30 DAYS TO AVOID AMINISTRATIVE RECORDING CHARGES. TOTAL DUE $246.66 - PLEASE DETACH AND SEND THIS PORTION WITH REMITTANCE DATE:9/18/24 DUE 0ATE:10/18/24 DIEUVIL KARINE CE ·CCDE ENFORCEMENT REMIT AND MAKE CHECK PAYABLE TO: City of Delray Beach Attention:Finance Department 100 N W lst Avenue Delray Beach (561)243-7212 FL 33444 INVOICE NUMBER CUSTOMER NUMBER TOTAL DUE 45028 14202 $246.566 CASHIER COPY INVOICE City of Delray Beach,Florida 100 N.W.First Avenue Delray Beach,Florida,33444 45029 (561)243-7000 CUSTOMER NUMBER j DATE 14501 II 9/18/24 TO:MINKA GROUP LLC KORHAN SAYGIDEGER RIA 305 N SWINTON AVE DELRAY BEACH,FL 33444 CUSTOMER TYPE: CE -CODE ENFORCEMENT QUANTITY DESCRIPTION I UNIT PRICE I EXTENDED PRICE 1.00 300 SW 5TH AVE 55.00 55.00 NA CASE 24-7549 1 .O O 300 SW 5TH A VF 200.00 200.00 NA FEE $200.00 NUISANCE ABATEMENT COST Property Control Number: 12 43 46 16 e 1 024 0010 L.egal Description: TOWN OF DELRAY N 190.56 FT OF E :35 FT OF I BK 24 PROPERTY 4AS M0ED ON 8-232024 PAYMENT IS DUE WITHIN 30 D0AY S TO AVOID ADMINISTRATIVE RECORDING CAARGES TOTAL DUE $255.00 PLEASE DETACH AND SEND THIS PORTION WITH REMITTANCE DATE:9/18/24 DUE DATE:10/lB/24 MIKA GROUP LLC CE-CODE ENFORCEMENT REMIT AND MAKE CHECK PAYABE TO: City of Delray Beach Attention:Finance Department 100 N w !st Avenue 0elray each (561)2437212 FL 33444 INVOICE NUMBER 45029 CUSTOMER NUMBER 14501 TOTAL DUE $255.00 CUSTOMER COPY INVOICE City of Delray Beach,Florida 100 N.W.First Avenue Delray Beach,Florida,33444 (561)243-7000 45030 TO:AMERICAN ATLANTIC GROUP LLC ONU HOQUE RIA 1600 N FEDERAL HWY 112 DELRAY BEACH,FL 33483 CUSTOMER NUMBER DATE 14502 9/18/24 CUSTOMER TYPE: CE-CODE ENFORCEMENT QUANTITY DESCRIPTION UNIT PRICE EXTENDED PRICE l.00 1.00 NIA ADMINISTRATIVE FEE CASE NUMBER 24-8249 338 SOUTHRIDGE RD $314.42 NUISANCE ABATEMENT COST Property Control Number: 12 43 46 20 13 004 0210 Legal Description: SOUTH RIDGE LTS 21 &22 BLK 4 POPERTY WAS MOWED 0N 8-232024 PAYMENT DUE WITHIN 30 DAYS TO AVOID ADMINISTRATIVE RECORDING CHARGES 55.00 314.42 55.00 314.42 TOTAL DUE PLEASE DETACH AND SEND THIS PORTION WITH REMITTANCE $369.42 DATE:9/18/24 DUE DATE:10/18/24 AMERICAN ATLANTIC GROUP LC CE ·CODE ENFORCEMENT REMIT AND MAKE CHECK PAYABLE TO: City of Delray Beach Attention:Finance Department 10C N W 1st Avenue Delray Beach FL 33444 (561)243.7212 FILE COPY INVOICE NUMBER CUSTOMER NUMBER TOTAL DUE 45030 1 4 5 02 $369.42 CITY OF DELRAY BEACH CITY ATTORNEY'S OFFICE 200 NW 1'Avenue,Delray Beach,FL 33444 561-243-7090 LEGAL RE VIEW FORM This form is to be used solely for the legal review of documents not including procurement agreements.Procurement \greements are reviewed under a separate cover.This form shall only be completed by a member of the City Attorney's Office. Date of Review:11/07/2024 Document Name:Resolution No.229-24 Document Type:Resolution Submitted by:Alexis Givings []This document is approved as to form and legal sufficiency. D This document is approved as to form and legal sufficiency;however,the undersigned made the following change(s): D This document is not approved as to form and legal sufficiency for the following reason(s): Nuisance Abatement Resolutions.Reviewed back up material to ensure proper notice was provided. s/Daniela Vega.Esq. Attorney Copy to: __City Attorney's Office (with a copy of the approved document)