Res 60-03RESOLUTION NO. 60-03
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 LEV~fING THE COST OF SUCH
ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE
~ 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 /%rticle 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 DELEAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
One Thousand Seven ]l--dred Four Dollars and 34/100 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
2
Res. No. 60-03
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 9th day of
September , 2003.
City Clerk
Res. No. 60-03
· CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO:
DELTA FUNDING HOME EQDii'~ LOAN TR 2000-I
~09 m~DEN RIDGE DRIV~ SDI'I'~ 200, IRVING, TX 75038
R P S:
3336 AVENUE VILLANDRY. DELRAY BEACH. FL 33445
AL D c : LOT 17, BLOCK I, CHATELAINE ACCORDING TO PLAT
BOOK 29, PAGE 94 OF 'rl~ O~'FICIAL RECORDS OF PALM BEACH COUNTY, FL
You, as the record owner, of, or holder of an interest in, the above described property are
hereby advised thai ~ cost of $1.71M.~1 by resolution of the City Commission of the
City of Delray Beacl~ Florida, dated September 9,2003 has been levied ag~in~ the
above described property.
The costs were incurred as a result of an abatement action reEarding the above described
property. You were given notice on 6/'24/03 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 Conslruction Appeals although you were informed of your righ! to an appeal and of
the procedures for obtnlnlng an appeal. You have also failed to take the corrective action
required in thc Notice of Unsafe Building/Slructure.
You appealed the decision of the Ch/cf Building official to the Board of
Conslruction Appeals. Y. gu were given whtten notification on the decision of the Board
of Conslruction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building official to the Board of
Conswucfion Appeals. You were given wr/tten notification on the decision of the Board
of Consiruodon Appeals within a stated period of 6me. You failed to ~ake the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals on The Board of Construction
upheld the decision ofthe Chief Building Official. -:
R~s. No. 60-03
Thc City of Delray Beach h~q therefore taken remedial action to remove the unsafe
condition existing on the above described pwperty on 7/03/03 at a cost of $1~704.34
which includes a ten percent (10%) administrative fee. If you fail to pay this cost w/thin
thirty (30) days, that cost plus add/tional administrative and record/nE costs shall be
recorded in the official Records of Pahn Beach County, Florida ag~in~ the above
described property.
THE CITY MAY ENFORCE TH~ 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 wrrH GENERAL CITY TAX~S AND SHALL HAVE
PKIOR1TY 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. 60-03
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM: *~d~ITY MANAGER
SUBJECT: AGENDA ITEM # ~'~:~ - REGULAR MEETING OF SEPTEMBER 9, 2003
RESOLUTION NO. 60-03
DATE:
SEPTEMBER 5, 2003
This is a resolution assessing costs for abatement action required for the emergency board-up of an unsafe
structure located at 3336 Avenue Villandry.
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.
Recommend approval of Resolution No. 60-03.
AgmemoEMZRG.Res No 60-03
IZSOT-UTI'C~ IlO. 60-03
A RESOLUTION OF THE CITY CO~4ISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE ?.8, "UNSAFE BUILDINGS",
OF TH~ LAND DEVELOPMENT REG"JLATIONS 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 DUB DATE
.AND ~NTER~ST 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, l~he Bu/ldin~ Off~cial or has designated representative
~h.a.s, p.ursuant to. Article 7.8 o.f the Land Devel.opment Regulations, declared
=ne existence oz an unsafe bu~ldtn~ upon certain lots or parcels o.f 1.a~.d,
de_scribed in .the list attached hereto and made a part hereof, for v~olat~on
oz the buildln~ codes and buildin~ requirements adopted by Article 7.8 and
those Codes adopted in Chapter 96 of 1:he Code of Ordinances; and,
.... i~-IE _P~AS, p_u.r, suant to Article 7. S of . the Land Development
Re~ula:zons oX the City of Delray Beach, the Building Official. or his
designat.ed .re.pf.e.sentati. ve ~has :i~nspected said .land(s) and has determined that
.an ,m~.saxe Du~a~n9 existed in accordance w~th the standards set forth in
~es~c~.e_7.8 and/o.~ .~apter 9~ of the Code of Ordinances, and did furnish the
pack,ye ownerts~ of ~.he ~and(s) described in the attached ~ist with
~it:ten notice of unsa~ bu~.din9 .a~.d detai~ed report: of conditions and
- va°at: a, Of?ial date ne , that the uildin wa,
~T_~.~._c_~t~{ 1.~.s.a~e_ a~_a ?.. c.o. ns~oere~ a hazard to l~.fe ~ public welfare
i; ,uan= =o Article 7.~ of l'~e Land Development Re~ulations, debcribin~ the
_n~_~u~e~_o~f _~.he .vt.o.l.a?ions and se. hr notices ~hat the build/ny was to be vacated
~u..~nac. ~ne muz~uln~ was to ~e repaired or demolished; work must be begun
z:nxn szxcy {60) days And all work must be completed with/n such time as the
be filed w~ ~ n r.n~r=y (~0) n~ays zrom the date of service of the not/ce and
failure to file an appeal or to make the repairs .r. equired that the Buildin~
Official would have the authority to have the bu~ldin~ demolished from the
date of .the aatd notice; and,
WHEREAS, all the notice requiremen~s contained w/thin Article 7.8
have been' complied with; and,
MJiE~S, neither an appeal to the Board si ConstructionAppeals 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 ~he Building Official caused the abatement action to be done;
and,
WHERFJ~, the City Manager of the City of Delray Beach has, pursua~_t
to Section 7.8.11 of the Tan~ Development Regulations o~ the City of Delray
Beach, submitted to the City Commission a report of the costs incurred in
abating s~id condition as aforesaid, said report indicating the costs per
parcel of land tnvolv~d~ and,
WHEREAS, the City Comndssion of the City of Delray Beach, pursuant
to Article 7.8 of the Land Development Regulations desires to assess ~he cost
of said condition against said property owner(s).
NOW, THEREF0~E, BE IT J~ESOLVED BY THE CITY COMMISSION OF TH~ 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 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 aha11, 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~tent as the lien for general city taxes and shall be
collectible in the same ~nAnner 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 8/rected to teefled/ately 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
Conenisoc~on of the ~ity of Delray Beach has levied an assessment against said
property for the cost of abatement action regarding an -~afe buildin~ 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. 60-03
the rate of six percent (6%) per a~m~m, plus reaso~ble attorney's fees and
other costs of col~ectin9 said sums.
Section 4. ~hat t]~s resolution shall become effective ~h!rty (30)
days from the date of adoption and the assessment(s) contained herein sba~!
become due and payable thirty (30) days after the mai~in9 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 reas~-~le attorney's fee and other costs of collection.
Section $. That in the event ~-t paint has not been received by
the City Clerk with/n thirty [30) days after the mailin~ 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 recordin9 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 includin~
a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this the day of
, 2003.
ATTEST=
City Clerk
MAYOR
3
Res. No. 60-03
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO:
DELTA FUNDING HOME EQUITY LOAN TR 2000-1
MAILING ADDRESS:
PROPERTY ADDRESS:
909 HIDDEN RIDGE DRIVE, SUITE 200, IRVING, TX 75038
3336 AVENUE V1LLANDRY~ DELRAY BEACH~ FL 33445
LEGAL DESCRIPTION: LOT 17, BLOCK 1, CHATELAINE ACCORDING TO PLAT
BOOK 29, PAGE 94 OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FL
You, as the record owner, of, or holder of an interest in, the above described property are
hereby advised that a cost of $1,704.34 by resolution of the City Commission of the
City of Delray Beach, Florida, dated _, 2003 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 6/24/03 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 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 Building official to the Board of
Construction Appeals. You were given written notification on 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 of Construction Appeals.
You appealed the decision of the Chief Building official to the Board of
Construction Appeals. You were given written notification on 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 of Construction Appeals.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals on The Board of Construction
upheld the decision of the Chief Building Official.
4 Res. No. 60-03
The City of Delray Beach has therefore taken remedial action to remove the unsafe
condition existing on the above described property on 7/03/03 at a cost of $1~704.34
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
City Clerk
5 Res. No. 60-03