Res 24-93 MA¥'-OJ-iqg3 t:i!am 32091
ORB 7689 4 i
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RESOLUTION NO. 24-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEL~AY
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINANCES OF THE CITY OF OELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED
VEHICLES ~ITHIN THE CITY OF DELRAY BEACH; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS-
MENTS; 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 OF LIEN.
WHEREAS, the City Manager or his designated representat~'.'e
has, pursuant to Chapter 90 of the Code of Ordinances, removed iunked
and/or abandoned vehicles owned by persons described in the
attached hereto and made a part hereof, for violation of the provisions
of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of
the City of Oelray Beach, the City Manager or his designated represent-
ative has determined that a nuisance existed In accordance with the
standards set forth in Chapter 90 of the Code of Ordinances, and ~d
furnish the owner(s) of the land(s) described ~n
respective
attached list with written notice of public nuisance pursuant
Sections 90.02 and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named ~n the l~st attache/
hereto and made a part hereof did fall and neglect to remove sa:d
abandoned vehicles, and thus failed to abate the
junked
and/or
nuis-
ance(s) or to properly request a hearing pursuant to Chapter 90
the time limits prescribed in Chapter 90 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing,
owner(s) failed and/or neglected to abate such nuisance(s} as
property
required by Chapter 90 of the Code of Ordinances; and,
WHEREAS, the City of Delray Beach, through the City Adminis-
tration or such agents or contractors hired by the City
was therefore required to and did remove said junked and/or abandoned
vehicles owned by persons described in the list attached and made a
part hereof and incurred costs in abating the subject nuisance(s); an~,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 90 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs ~ncurred
in abating said nuisance(s) as aforesaid; and,
WHEREAS, the City Commission of the City of Delray beach,
pursuant to Chapter 90 of the Code of Ordinances desires to assess ~ne
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 cos= of abating the aforesaid nuisances a copy of
which is attached hereto and made a part hereof, are hereby ievzed
against the parcel(s) of land described in said report and ~n
amount(s) indicated thereon. Said assessments so levied shall, ~f not
paid within thirty (30) days after mailing of the notice described ~n
Section 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 collect~ble 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 2L That such assessment shall be legal, valid and
binding obligations upon the property against which said assessments
are levied.
~ That ~he City Clerk of the City of Oelray Beach ~$
hereby directed to i~mediately mail by first class mail to the owner($',
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of =he City of
Delray Beach on the ~:d day of March. 1993 has levied an
assessment against said property- for the cost of abatement of said
nuisance by the City, and =hat said 'assessment is due and payable
within thirty (30) days after the mailing date of said not~ce of
assessment, after which a lien shall be placed on said property, and
interest will accrue at the rate of 8% per annpm, 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 and shall become due and payabl9 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 =he event that payment has no~ Peen
received by the City Clerk within thirty (30) days after the malllng
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolutlon 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 collectlon costs including a reasonable
attorney's fee.
~ That at the time the City Clerk sends ~he
certified copy of this resolution for recording, a notice of llen, ~n
the form of prescribed in Section 90.06 of the Code of Ordinances, shai
be mailed to t~e property owner.
PASSED AND ADOPTED in regular session on this the 23rd
day of March , 1993.
· Thisinstrument6Was prepared by:
ATTEST: Sllsap. A. Ruby, City Attorney
200 N.W. !st Avenue
City Clerk
-2- Res. No.24-93
ORB 768'~
RECORD VER£FZED
CLERK OF THE COURT - PB COUNTY, Fl_
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION QWNER ASSESSMENT
LOT 4, BLK 7, ROSEMONT KATIE L. PARKER $ 38.50
PARK, DELRAY, PB 13, RICHARD PARKER 65.00 (ADH. COST)
P 60, PUBLIC RECORDS, 613 S. W. 8TH AVENUE 4.00 (RECORDING)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444-2461 $107.50
(613 SW 8TH AVE)
LOT 15, BLK 10, DELRAY ANTHONY BLAISE $ 38.50
SHORES, PB 24, P 233, 1109 OLINTON STREET #2 65.00 (ADH. COST)
PUBLIC RECORDS, PALM LINDEN, NJ 07036 4.00 (RECORDING)
, 50
BEACH COUNTY FL $107. ~ ~
(2520 ANGLER DRIVE) ~,, ~/~ '~
~.~'~ OF N596.54' ~J~XIS S. WALLIS $2--%~.~50 ~
~OF~8~' OF E 402' OF ~558 LONE PINE ROAD 6~0~ (ADH. COST)
su . OF S C.-
(~58 LONE PINE RD)
LOT 9, BLK 26, TOWN OF CHARLIE BROWN $ 38.50
DEL~Y, PB 5, P 64, 3~0 N.W. 4TH AVENUE 65.00 (ADM. COST)
PUBLIC RECORDS, PALM DEL~Y BEACH, FL 33444 4.00 (RECORDING)
BEACH COUNTY, FL $~07.50
(220 NW 4TH AVE)
LOT 2, BLK 5, SOUTH- ANDRE J. JEAN $ 38.50
RIDGE, PB ~3, P 38, 202 S.E. 6TH STREET 65.00 (ADM. COST)
PUBLIC RECORDS, PALM DEL~Y BEACH, FL 33483-4446 4.00 (RECORDING)
BEACH COUNTY, FL $107.50
(~124 SW 4TH AVE)
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR
INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS.
CERTIFICATION
I, ALISON MACGREGOR HARTY, City Clerk of the City of Delray
Beach, Florida, do hereby certify that the above and foregoing is
a true and correct copy of Resolution No. 24-93 which was passed
by the Commission on March 23, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and the official
seal of the City of Delray Beach, Florida, on this the 27th day of
April, 1993~
~" ,~.., ~ . ~ Alisdn ' M~G~eg0~7 Harty--
.c- ~ ~ '~ E~ A~,~ ~,~ City Clerk
~. ~ I. - .,.~ .... City of Delray Beach
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