Res 54-99RESOLUTION NO. 54-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUAITr 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
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 7.8.11 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
Two Thousand One ~,-~re4 Th~rt¥-Six DO11RrS and 36/100 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 7.8.11 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 by the
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
Res. No. 54-99
the rate of six percent (6%) 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 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 six percent (6%) 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 6%, and collection costs including
a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this the
September , 1999.
7th day of
ATTEST:
City die~
Res. No. 54-99
CITY OF DELRA¥ BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
September 8, 1999
ADDRESS: 407 SI,/ 2nd St:. · Delray Beach, F1 33444
PROPERTY: 407 SW 2nd St:., Delz-a7 Beach, F1 33444
LEGAL DESCRIPTION: W1/2 of 'r.ot 16, Block: 30, T~on of nelra¥ accord'lng to
Plat: B__o~ook 1~ Pane 3 of t:he official records of Palm Beach C0,,~ty,
You, as the record owner, of, or holder of an interest in, the above describad property
are hereby advised that a cost of 2,136,36 by resolution of the City
Commission of the City of Delray Beach, Florida, dated September 7
1 9 9.~.~, has been levied against tile above described prope-~y.'
The costs were incurred as a result of an abatement action regarding the above
described property. You were given notice on ~_~n_99 _that the Chief
Buildir~g Official had determined that a ~uildJng/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 Qfficial to the
Board ~f Construction Appeals although 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 Chief Build ng 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 tim'e~ Y-~u
failed to take the action as required by the order of the Board qf Construction Appeals.
_' You appeared the decision of the Chief Building Official to the Board of
Construction Appeals on
the decision of the Chief Building Official. . The Board of Construction upheld
4
l~es. No. 54-99
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above described property on
· ----~---~at a cost of ,~2,].36,36 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.
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
Res. go. 54-99