Res 11-89 RESOLUTION NO. 11-89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN 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 ABATEMENT OF NUISANCES;
PROVIDING FOR AN EFFECTIVE 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 ASSESSMENTS;
PROVIDING FOR THE MAILING OF NOTICE OF LIEN.
WHEREAS, the City manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the existence
of a nuisance upon certain lots or parcels of land, described in the
list attached hereto and- made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 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 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within seven (7) days from the date of said notice, failing in which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) 'named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter i00 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
seven (7) days subsequent to the rendering of a decision adverse to the
property owner(s) (thirty-five ('35) days for violation of 100.04); and,
WHEREAS, th~ City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 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, said report indicating the
costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 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 upon the lots or
parcels of land described in said report, 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 Sec. 3, become a lien upon the
respective lots and parcel(s) of land described in said report, of the
same na%ure 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 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 28th day of Februaryt 1989 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 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.
S=ction 5. That in the event that p=~ent 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 ~ffective 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
prescribed in Section 100.27 of the Code of Ordinances, shall be mailed
to the property owner.
PASSED AND ADOPTED in regular session on this the 28th day
of February , 198 ~ ~
ATTEST ~
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COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
S 60' of E 200' of Lot 15, A. Oliva, D. Fernandez & $145.00
Esquire Sub., PB 23, P 43, R. Rodriquez 50.00 (Adm. Cost)
Public Records, Palm Beach C/o U.S.Atty, Civil Div. N 5.56 (Recording)
County, FL 301N. Miami Avenue $200.56
(1028 SW 9th Ave) Miami, FL 33128-7701
N 60' of E 200' of Lot 14, R. Rodriquez,D.Fernandez $145.00
Esquire Sub., PB 23, P 43, C/o U.S. Attorney 25.00 (Adm. Cost)
Public Records, Palm Beach Civil Division N 5.56 (Recording)
County, FL 301 N Miami Avenue $175.56
(1024 SW 9th Av~ Miami, FL 33128-7701
S 31.25' of E 200' of Lot 14 & R. Rodriquez, $145.00
N 31.25' of E 200' of Lot 15, D.Fernandez 25.00 (Adm. Cost)
Esquire Sub., PB 23, P 43, C/o U.S. Attorney 5.56 (Recording)
Public Records, Palm Beach Civil Division N $175.56
County, FL 301 N Miami Avenue
(1026 SW 9th Ave) Miami, FL 33128-7701
Lot 14 (Less E 215'), Esquire R.Rodriquez,T.Oliva & $200.00
Sub., PB 23, P 43, Public Denis Fernandez 50.00 (Adm. Cost)
Records, Palm Beach County, FL' C/o U.S.Atty, Civil Div. N 5.56 (Recording)
(1031 Germantown Road) 301 N. Miami Avenue $255.56
Miami, FL 33128-7701
Lot 15 (Less E 215'), Esquire R.Rodriquez,T. Oliva & $225.00
Sub., PB 23, P 43, Public Denis Fernandez 50.00 (Adm. Cost)
Records, Palm Beach County, FL C/o U.S. Attorney 5.56 (Recording)
(1035 Germantown Road) Civil Division N $280.56
301 N Miami Avenue
Miami, FL 33128-7701
VIOLATION IS: SEC 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
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