Res 57-95 RESOLUTION NO. 57-95
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
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 RESOLU-
TION, 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 demol-
ished 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 Hundred Ninety Eight Dollars and 26/100 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) indi-
cated 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 the rate of six percent (6%)
per annum, plus reasonable attorney's fees and other costs of collecting
said sums.
- 2 - Res. No. 57-95
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 re-
ceived 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 certi-
fied 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 15th day
of August , 1995.
ATTEST:
...... c~ty Cie~k ' --
- 3 - Res. No. 57-95
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO'- Progressive Finance Company
ADDRESS: PO Box' 817, Delray Beach, F1 33447
PROPERTY: 143 1~ 5th Avenue,"Delray Beach, F1 33444
LEGAL DESCRIPTION:replat of part of Block 27, Delray Beach, Lot I and
of Lot 2 according to Plat Book 21, Page 43 of the official records of Palm
Beach County, Florida
You, as the record owner, of, or holder of an interst in,
the above described property are hereby advised that a cost of
.by resolution of the City Commission of the City
of Delray Beach, Florida, dated ... , 19 ,
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
~-28-95 that the Chief Building Official had deter-
mined 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 pro-
cedures for obtaining an apeal. You have also failed to
take the corrective action required in the Notice of Unsafe
Bui lding/Structure.
__You appealed the decision of the Chief Building 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
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.
The City of Delray Beach has therefore taken remedial action
to remove the unsafe condition existing on the above de-
scribed property on 3-29-95 at a cost of $298.26
which includes a ten percent (10%) administrative feel If
you fail to pay this cost within thirty (30) days, that cost
plus addit~onal adm~nlstrative and recording costs shg11 be
reocrded An the official Records of Palm Beach County,
Florida aga~st 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 MORTAGES.
Copies of all notices referred to in this notice are avail- '
able An the office of the Chief Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk