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Res 49-07~ ~ r RESOLUTION NO. 49-07 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 ACCOMPANY 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 famish 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 Dekay 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, r,- . WHEREAS, the Ciry of Delray Beach, through the Ciry Administration or such agents or contractors hired by the Ciry 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 Ciry Manager of the Ciry of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the Ciry of Delray Beach, submitted to the Ciry 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 Dekay 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 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 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. ~on 3. That the Ciry 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 Ciry Commission of the City of Delray Beach at the September 4, 2007, meeting 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. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. 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 Res. No. 49-07 / `. 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 4s' day of Se t m r, 2007. MAYOR ATTEST: l~l e~_ City Clerk This instrument was prepared by: Susan A. Ruby, City Attorney 200 N.W. 1" Avenue Delray Beach, Florida 33444 3 Res. No. 49-07 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE _~l K .. ! ty. _ ~ ;, . ~YI=R EtV7 5TH ST VENTURE, LLC 338 SE 5TH AVENUE c/o STEPHEN WOLF OSCEOLA PARK 1946 NE 5TH AVENUE LOT 5/LESS E 10 FT RD R/W/BLK 104 PB3 PG 2 BOCA RATON, FL 33431 PCN 12 43 46 21 01 104 0050 CASE NBR 07 00063351 CUST NO. 12009 $ 216.00 Inv. No. 31254 $ 25.00 Admin Fee $ 241.00 HIGHGATE DRIVE BEXLEY PARK MASTER ASSN INC. BEXLEY PARK 12500 JOG RD STE 205 BEXLEY PARK TRS B-1 THRU B-5 WA DELRAY BEACH, FL 33446 LANDSCAPE, BUFFER & OPEN SPACE PCN 12 42 46 12 22 002 0000 CASE NBR 06 00061185 CUST NO. 12303 $ 230.00 Inv. No. 31065 _ $ 25.00 Admin Fee $ 255.00 SPANISH TRL KATHARINE D. MARTENS FL BLVD V/L N 2955 589 DEERFIELD DR TROPIC ISLE 3RD SECTION LTS 411 & 412 PB1 MELBOURNE, FL 32940 PG 3 PCN 12 43 46 28 03 000 4110 CASE NBR 07 000618967 OUST N0.8844 $ 227.00 Inv. No. 31159 $ 25.00 Admin Fee $ 252.00 309 SW 5th AVENUE PLATINUM PROP & TOWN OF DELRAY LT 34 BLK 32 INVESTMENTS, LLC PCN 12 43 46 16 01 032 0340 cJo FAYE WASHINGTON, REG AGT CASE NBR 06 00061178 CUST NO. 12066 1652 40th ST WEST PALM BEACH, FL 33407 $ 164.00 Inv. No. 31063 __ $ 25.00 Admin Fee $ 189.00 511 NE 3rd AVENUE PETER K. SMITH & MARIA MUNRO DEL IDA PARK N 14.6 FT OF LT 8 & LT 9 BLK 13 PO BOX 31058 PCN 12 43 46 09 29 013 0080 WEST PALM BEACH, FL 33420 CASE NBR 06 00059345 CUST NO. 11553 $ 164.00 Inv. No. 31062 $ 25.00 Admin Fee S 189.00 709 NW 4th STREET JONI DALESA WELLS SUB OF SECTION 8-46-43 S 135 FT OF E 60 FT OF 310 WASHINGTON AVE W 250 FT OF SW 1/4 OF TR 5 DELRAY BEACH, FL 33444 PCN 12 43 46 08 21 005 0130 CASE NBR 06 00060785 CUST NO. 7378 $ 175.00 Inv. No. 31060 $ 25.00 Admin Fee $ 200.00 VIOLATION IS: SECTION 100.01 -LAND TO B E KEPT FREE MATTER CONSTITUTING HAZARDS; DECLARED OF DEBRIS NEGATION , , Page 1 RES N0.49-07.xls CITE OF DELRA~ BEACH DELriAY BEACH CITY C L ~ ~ ~ ~ _ :~~~ All-America City 1 1993 2001 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. 49- 07, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 4th day of September, 2007. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 5th of September, 2007. ~. Chevelle D. Nubin City Clerk City of Delray Beach, Florida ~~.~,.;_ '~ .. `'_ ,'a ~ ~~' - , ., ~ , a ;~1 \ 4 Res. No. 49-07 `>,~u~<,~r>~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGE DATE: AUGUST 31, 2007 SUBJECT: AGENDA ITEM # ~~ ~ -REGULAR MEETING OF SEPTEMBER 4 2007 RESOLUTION N0.49-07 ITEM BEFORE COMMISSION This is a resolution assessing costs for abatement action required to remove nuisances on six (6) properties located throughout the City. BACKGROUND 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. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Resolution No. 49-07. RESOLUTION NO. 49-07 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 DELR.AY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY 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, fox 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 Dekay 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 Adrinistration 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 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 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 Dekay Beach at the September 4, 2007, meeting 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. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. S c 'on .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 2 Res. No. 49-07 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 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. 49-07 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE O E OWNER ASS 5TH ST VENTURE, LLC 338 SE 5TH AVENUE c/o STEPHEN WOLF OSCEOLA PARK 1946 NE 5TH AVENUE LOT 5/LESS E 10 FT RD R/W/ BLK 104 P63 PG 2 BOCA RATON, FL 33431 !, PCN 12 43 46 21 01 104 0050 CASE NBR 07 00063351 CUST NO. 12009 $ 216.00 Inv. No. 31254 $ 25.00 Admin Fee $ 241.00 HIGHGATE DRIVE BEXLEY PARK MASTER ASSN INC. BEXLEY PARK ! 12500 JOG RD STE 205 BEXLEY PARK TRS B-1 THRU B-5 WA DELRAY BEACH, FL 33446 LANDSCAPE, BUFFER S OPEN SPACE '~ PCN 12 42 46 12 22 002 0000 CASE NBR 06 00061185 CUST NO. 12303 ' $ 230.00 Inv. No. 31065 $ 25.00 Admin Fee S 255.00 SPANISH TRL KATHARINE D. MARTENS FL BLVD V/L N 2955 589 DEERFIELD DR TROPIC ISLE 3RD SECTION LTS 411 8~ 412 P61 MELBOURNE, FL 32940 PG 3 PCN 12 43 46 28 03 000 4110 CASE NBR 07 000618967 CUST N0.8844 $ 227.00 Inv. No. 31159 $ 25.00 Admin Fee $ 252.00 309 SW 5th AVENUE PLATINUM PROP & TOWN OF DELRAY LT 34 BLK 32 INVESTMENTS, LLC PCN 12 43 46 16 01 032 0340 c/o FAYE WASHINGTON, REG AGT CASE NBR 06 00061178 CUST NO. 12066 1652 40th ST WEST PALM BEACH, FL 33407 $ 164.00 Inv. No. 31063 $ 25.00 Admin Fee : 189.00 511 NE 3rd AVENUE PETER K. SMITH & MARIA MUNRO DEL IDA PARK N 14.6 FT OF LT 8 & LT 9 BLK 13 PO BOX 31058 PCN 12 43 46 09 29 013 0080 WEST PALM BEACH, FL 33420 CASE NBR O6 00059345 CUST NO. 11553 $ 164.00 Inv. No. 31062 _ $ 25.00 Admin Fee $ 189.00 709 NW 4th STREET 'JONI DALESA WELLS SUB OF SECTION 8-46-43 S 135 FT OF E 60 FT OF j310 WASHINGTON AVE W 250 FT OF SW 1/4 OF TR 5 DELRAY BEACH, FL 33444 PCN 12 43 46 08 21 005 0130 CASE NBR 06 00060785 CUST NO. 7378 $ 175.00 Inv. No. 31060 $ 25.00 Admin Fee $ 200.00 VIOLATION IS: SECTION 100.01 -LAND TO B E KEPT FREE MATTER CONSTITUTING HAZARDS; DECLARED NEGATION OF DEBRIS _ , , ____ Page 1 RES N0.49-07.xls I~N~I~N~I~INII~ANNIN~I~ CFN 'GO80C151361 GR PK 22435 PG 1436 RECORDED 02/11/2008 14:08:98 Pales Beach County, Florida Sharon R. Bock,CLERR 8 COMPTROLLER RESOLUTION NO. 49-07 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 ACCOMPANY 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 61e 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 Dekay 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 ]00.21 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 Dekay Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Comtission 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 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 upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, axe 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 fox 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 Dekay Beach at the September 4.2007. meeting 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. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. 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 2 Res. No. 49-07 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 ~ day of September, 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. 49-07 CITM OF DELRAM DELRAY BEACH All-AmericaCity CITY CLERK ~11r~ 1993 2001 . _ _.,~ . 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. 49- 07, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 4~h day of September, 2007. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 5~b of September, 2007. Chevelle D. Nubin City Clerk City of Dehay Beach, Florida • ~,; ." > '~ CtiZ = ^ ~ `~ o - ~ ~. ~~ ,. ~•> . .~ ., ,.. ~~ ---- ,t_ a Res. No. 49-07 ® P , ~ y ~,, THE EFFORT ALWAYS MATTERS COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE .. ,., ~.. , _, .. 38 SE 5TH AVENUE OSCEOLA PARK LOT 5/LESS E 10 FT RD R/W/BLK 104 PB3 PG 2 PCN 12 43 46 21 01 104 0050 CASE NBR 07 00063351 CUST NO. 12009 ,:n 5TH ST VENTURE, LLC Go STEPHEN WOLF 1946 NE 5TH AVENUE BOCA RATON, FL 33431 16.00 ~, , .u nv. No. 31254 $ 25.00 Admin Fee $ 241.00 HIGHGATE DRIVE BEXLEY PARK BEXLEY PARK TRS B-1 THRU B-5 WA LANDSCAPE, BUFFER & OPEN SPACE PCN 12 42 46 12 22 002 0000 CASE NBR 06 00061185 CUST NO. 12303 BEXLEY PARK MASTER ASSN INC. 12500 JOG RD STE 205 DELRAY BEACH, FL 33446 230.00 nv. No. 31065 $ 25.00 Admin Fee $ 255.00 SPANISH TRL FL BLVD V/L N 2955 TROPIC ISLE 3RD SECTION LTS 411 & 412 PB1 PG 3 PCN 12 43 46 28 03 000 4110 CASE NBR 07 000618967 COST N0.8844 KATHARINE D. MARTENS 589 DEERFIELD DR MELBOURNE, FL 32940 227.00 m. No. 31159 $ 25.00 Admin Fee $ 252.00 309 SW 5th AVENUE TOWN OF DELRAY LT 34 BLK 32 PCN 12 43 46 16 01 032 0340 CASE NBR O6 00061178 CUST NO. 12066 PLATINUM PROP 8 INVESTMENTS, LLC Go FAYE WASHINGTON, REG AGT 1652 40th ST WEST PALM BEACH, FL 33407 164.00 nv. No. 31063 $ 25.00 Admin Fee $ 189.00 709 NW 4th STREET SUB OF SECTION 8-46-43 S 135 FT OF E 60 FT OF W 250 FT OF SW 1/4 OF TR 5 PCN 12 43 46 08 21 005 0130 CASE NBR O6 00060785 CUST NO. 7378 JONI DALESA WELLS 310 WASHINGTON AVE DELRAY BEACH, FL 33444 175.00 nv. No. 31060 S 25.00 Adnun Fee i 200.00 _-- VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS, NEGATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE Page 1 RES N0.49-07.xls