Res 24-92 RESOLUTION NO. 24-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES 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 Chapter 165, of the Code of Ordinances, 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
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances 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
Chapter 165 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 Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired
demolished; work must be begun within sixty (60) days and all work
be completed within such time as the Building Official determines,
notice also advised that all appeals must be filed within thirty
days from the date of service of the notice and failure to file ~:~
appeal or to make the repairs required that the Building Official
have the authority to have the building demolished from the date of
said notice; and,
WHEREAS, all the notice requirements contained within Chapteu
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction
or corrective action was undertaken in accordance with the order of
Chief Building Official; therefore pursuant to Section 165.41 the ~u[' !-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach !'-~
pursuant to Section 165.42 of the Code of Ordinances of the
Delray Beach, submitted to the City Commission a report of the
incurred in abating said condition as aforesaid, said report indicate-
the costs per parcel of land invol';ed; and,
WHEREAS, the City Commission of the City of Delray
pursuant to Chapter 165, of the Code of Ordinances desires to assess %
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of %~wo Thousand
Three Hundred Ninety-one Dollars & 40/100 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 165.42
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
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 assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of saki
notice of assessment, after which a lien shall be placed on said proper-
ty, 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.
Section 4. That this resolution shall become effective
(30) days from the date of adoption and the assessment(s)
herein shall become due and payable thirty (30) days after the ma£1~r~
date of the notice of said assessment(s), after which a lien shal/
placed on said property(s), and interest shall accrue at the rate of
percent (6%) per annum plus reasonable attorney's fee and other costs
collection.
Section 5. That in the event that payment has not been
ceived by the City Clerk within thirty (30} days after the mailing
of the notice of assessment, the City Clerk is hereby directed to rec
a certified copy of this resolution in the public records of Palm
County, Florida, and upon the date and time of recording of the c
fled copy of this resolution a lien shall become effective on
subject property which shall secure the cost of abatement, interes~
the rate of 6%, and collection costs including a reasonable attor~
fee.
PASSED AND ADOPTED in regular session on this the 25th
of February , 1992.
ATTEST:
city Clerk~
· - 2 - Res. No.
NOTICE OF ASSESSMENT
February 25, 1992
Date
TO: Julian Ferretti, Ariel Gutkovitch, Selma Wyman
ADDRESS: c/o 3ames A. Configlio, Esq., 189 Bradley Place, Palm Beach, F1 33480
PROPERTY: 610 NW 2nd Street, Delray Beach, Florida 33444
LEGAL DESCRIPTION: E50' of W200' of N135' of Block 11, Town of Delray,
accordingto Plat Book 1, Page 3 of the official records of Palm Beach County, F1
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $2,391.40 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
2-25 , 199X, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 11-8-91
that the Building Official has determined that a building 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 on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the 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 Building Official to the Board
of Construction Appeals on The Board of Construction
upheld the decision of the Building Official.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 1-29-92
at a'cost of $2,391.40 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
Copy of all notices referred to in this notice are available in the
office of the Building Official.
BY ORDER OF THE CITY COMMISSION.
- Cfty Clerkf