Res 67-93 RESOLUTION NO..67-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE CF
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 £FFECTIVE 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 ASSESS-
MENTS.
WHEREAS, the City Manager or hie designated representative nas,
pursuant to Chapter ~00 of the Code of Ordinances, declared t~e e×~s-
ronco of a nuisance upon certain lots or parcels of land, described
the lilt attached hereto and made a ~art hereof, for violation of
provisions of Chapter ~00 of the Code of Ordinances; and,
WHEREAS, pursuant to Section [00.20, ~00.2~ and ~00.22 of the
Code of Ordinancel of the City of Oelray Beach, the C~ty Manager or
delignated reprelentatXve has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set fort~
Chap=er 100 of the Code of Ordinances, and did furnish the
owner(s) of the land(s) described in the attached list w~=h written
notice of public nuisance pursuant to Sections [00.20, ~00.2[ and 130
of the Code of Ordinances describing the nature of the nuisance(s/ and
forty-two (42) days in the case of v~olatlon of Section ~00.04
ing to seawalll) they must abate said nuisance, or f~le a
request for a hearing to review the decision that a nuisance
within ten (10) days from the date of said notice, failing w~cn the
City Of Delrey Beach would ~roceed to correct this condition by
such nuisance, end that the colt thereof would be lev~ed as an assess-
ment against said property; and,
WHEI~F.A~, the pre,arty owne=(s) named in the l~st
nUillnCa(l) existing upon their reipective linde or to properly request
a hearing pvrlmant to Section ~00.2~ and ~00.22 within the time
p.reecribld i~ laid notice and Chapter ~00 of the Code of Ordinances,
ii the property owner(i) did reqUelt And receive I hearing, sl~d 9ro~-
arty owner(s) fa~led and/or neglected to Abate such nuilince(8)
tho time designated at the halting wherein i decision was rendered
idverle t= the property owner(s); and,
WHEREAS, Chi City of Oelray Smith, through the City Adm~n~s=ra-
lis= a=:achod and made a par= hereof and incurred costs Ln aAa=lng
~ER~, =ho C~ty' Manager of tho Cl=y of Delray Beac~ has,
costs per parcel of land involved; and,
WHER~S, the City Commission of the C~=y of Delray Beach,
pursuan~ ~o Chapter 100 of the Code of Ordinances desires =o assess
cos= of said nuisance(s) age,ns: said proper=y owner(s),
OR8 78'%c; 371
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 7:~E
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as smown
by the report of the City Manager of the City of Delray Beach, involv=ng
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 at,armed
hereto and made a par= hereof, are hereby levied against the parcel,s)
of land described in said report and in the amount(s) indicated thereon
Said assessments lO levied shall, if not paid within thirty (30) Says
after mailing of the notice described in Sec. 3, become a lien upon =me
respective lots and parcel(s) of land described in sald report, of :ne
same nature and to the same extent as the lien for general city =axes
and shall be collectible In the same manner as mortgages and fore-
closures are under state law.
~ That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
~ That the City Clerk of the City of Delray ~each =s
hereby directed to immediately mall 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
Delray Beach on the 13th da~ of July, 1993 has levied an
aslessmenC against said property for the colt of abatement of sald
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 placid on said property, and interest will
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
Othlr COltl of collecting said lUml. A Notice of Lion shall be ma=led,
along with Chi Notice of Assessment and this resolution.
~ That thil resolution shall become effective =htr=':'
(30) days from the date of adoption and the assessment(s) contained
herein shell become due and payable thirty (30) days after the magi=nS
date of the notice of said assessment(s), after which a lien shall Se
placed on said property(s), and interest shall accrue at the rate ~f
eight (8) percent par annum plus, if collection proceedings are
necessary, the costs of such proceedings Including a reasonable
attorney's fee.
~ That ~n the event =hat payment has not been
received by the City Clerk within thirty (30) days after the mai!cng
date of the noCice of assessment, the City Clerk Il hereby directed =o
record a cerCi£1ad copy of this resolution in the public records of Palm
Belch County, Florida, and upon the date and time of recording of :he
certified copy of this resolution a lien shell become effective on =he
subject property which shall secure tho cost of ebetement, Interest at
the race 0£ at, and collection costs including · reasonable attorney's
fee.
f SgO AND ADOPTED in regular slilion on thil thl 13th day
of Ju , 1993. ~'~..~.._,~___/
ATTEST:
prepared
by:
city cl~~ ~ Susan A. Ruby, City Attorney
200 N.W. 1st Avenue
Delray Beach, FL 33444
- 2 - Res. No. 67-93
ORB 78/ 7 ;372
ECORO VER£F£ IX TNY
COST OF ABATING NUISANCES UNDER CHAPTER 100
Q~ THE CODE QF ORDINANCES
PROPERTY DESCRIPTION OWNER ~
S75' OF W135.6' OF BLK LUCIUS SIMMONS $159.34
39, TOWN OF DELRAY, 3477 S.E. JUPITER BLVD. 70.00 (ADM. COST)
PB 11, P 34, PUBLIC PALM BAY, FL 32909 4.40 (RECORDING)
~RECORDS, PALM BEACH $233.74
COUNTY, FL
(315 SW 3RD ST)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
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. 67-93 which was passed by the Commission
on July 13, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand
nad the official seal of the City of Delray Beach, Florida
on this the 16th day of August 1993.
Alison Macgregor ~arty -)'
City Clerk
City of Delray Beach
-3- Res. No. 67-93