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Res 14-90 RESOLUTION NO. 14-90 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN 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 W%nager or his designated representative has, pursuant to Chapter 90 ~f the Code of Ordinances, removed junked and/or abandoned vehicles owned by persons described in the list 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 Delray 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 did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 90.02 and 90.03 of the Code of Ordinances; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to remove said junked and/or abandoned vehicles, and thus failed to abate the nuis- ance(s) or to properly request a hearing pursuant to Chapter 90 within the time limits prescribed in Chapter 90 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) as 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 Administration 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); and, 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 incurred 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 the 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 cost of abating the aforesaid nuisances 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 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 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 assessment 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 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 day of Februar¥~ 1990 has levied an assessment against said property for the cost of abatement of said 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 placed on said property, and interest will accrue at the rate of 8% 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 and 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 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 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 8%, and collection costs including a reasonable attorney's fee. Section 6. That at the time the City Clerk sends the certified copy of this resolution for recording, a notice of lien, in the form of prescribed in Section 90.06 of the Code of Ordinances, shall be mailed to the property owner. PASSED AND ADOPTED in regular session on this the 13th day of February ,1990. ATTE S T: City Clef/k J ~/ -2- Res. No. 14-90 COST OF ABATING NUISANCES UNDER CHAPTER 90 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION O~ER ASSESSMENT Lot 19 & N20' of Lot 20, Carl Nola & Michael A. $ 39.%5 Blk 8, Osceola Park, PB3 Nola 65.00 (Adm. Cost) P2, Public Records, Palm 1200 SW 27th Ave 3.45 (Recording) Beach County, FL. ~oynton Bch, FL. 33426 $ 107.90 (702 SE 3rd Ave.) Lot 16, Blk 5, Atlantic Charles T. & Annie M. $ 19.45 Gardens, PB14 P63, ©xidine (H & W) NO (Adm. COST Public Records, Palm 29 SW 12th Avenue 3.45 (Recording) Beach County, FL. Delray Beach, FL. 33444 $ 22.90 (27-29 SW 12th Ave.) Lot 15, Blk 1, Dell Clifford N. & Sherry S. $ 39.45 Park PB8 P56, Public Thomas (H & W) 65.00 (Adm. Cost) Records, Palm Beach P.O. Box 832 3.45 (Recording) County, FL. Delray Beach, FL. 33447 $ 107.90 (219 NE 13th St) Lot 26, Fox Hollow Windsor Greens Inc $ 145.00 PB47 P106, Public 19548 Planters Point Dr 65.00 (Adm. Cost) Records, Palm Beach Boca Raton, FL. 33434 3.45 (Recording) County, FL. ~ 213.45 (Greensward Lane) Lot 26, Fox Hollow Windsor Greens Inc. $ 325.00 PB47 P106, Public 19548 Planters Point Dr 65.00 (Adm. Cost) Records, Palm Beach Boca Raton, FL. 33434 3.45 (Recording~ County, FL. $393.45 (Greensward Lane) Lots 33 & 34 (Less David L. Jansen & Robin $ 20.00 E25') Blk.4, Dell Park L. Hutch 65.00 (Adm. Cost) PB8 P56, Public 255 NE 12th Street 3.45 (Recording) Records, Palm Beach Delray Beach, FL. 33444 $ 88.45 County, FL. (255 N.E. 12th~ St) Lot 12, Blk 1, Rosemont Randolph & Martha A. $ 38.90 Park, PB13 P60, Public Williams (H & W) 65.00 (Adm. Cost Records, Palm Beach 1101 SW 13th Place 3.45 (Recording County, FL. Boca Raton, FL. 33432 $ 107.35 (647 SW 5th Ave.) S80.26' of Lot 4/Less William A. & Elizabeth $ 38.90 W550' Beach Lots Delray B. Perry (H & W) 65.00 (Adm. Cost Public Records, Palm 38 High Ave. 3.45 (Recording Beach County, FL. Nyack, New York 10960 $ 107.35 (316 N. Ocean Blvd.) Lot 21, Blk 5, Sub- Mae P. Jackson $ 38.90 Division of Blk 5, 12 SW 7th Avenue 50.00 (Adm. Cost) Delray Beach, PB23 P72 Delray Beach, FL. 33444 3.45 (Recording) Public Records, Palm $ 92.35 Beach County, FL. (12 SW 7th Ave.) S67.1 of W130' of Willie L. & Erma J. $ 38.90 N142.1' of S1/2 of Wright (H & W) 50.00 (Adm. Cost) Blk 12, Town of 106 NW 12th Avenue 3.45 (Recording) Delray, PB1, P3 Delray Beach, FL. 33444 $ 92.35 Public Records, Palm Beach County, FL. (13 NW 7th Ave.) -3- Res.No. 14-90 Lot 36, Delray Manor Leon & April L.. $ 38.90 Addition to Delray, Humphrey (H & W) 65.00 (Adm. Cost) PB12,P59, Public 602 SW 9th Court 3.45 (Recording) Records, Palm Beach Delray Beach, FL. 33444 $ 107.35 County, FL. (602 SW 9th Court) Lot 36, Delray Manor Leon & April L. $ 38.90 Addition to Delray, PB12, Humphrey (H & W) 65.00 (Adm. Cost) P59, Public Records, 602 SW 9th Court 3.45 (Recording) Palm Beach County, FL. Delray Beach, FL. 33444 $ 107.35 (602SW 9th Court) VIOLATION IS: SECTION 90.03 - STORING, PARKING,OR LEAVING WRECKED OR INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS -4- Res.No. 14-90