Res 22-89 RESOLUTION NO.22-89
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.
W~EREAS, the Building Official or his designated ~'
repres~ntative
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 in
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 thei
building was manifestly unsafe and is considered a hazard to life an~
public welfare pursuant to Chapter 165, of the Code of Ordinance~
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 o~
demolished; work must be begun within sixty (60) days and all work mus~
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 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 condition as aforesaid, said report indicatin§
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delrav Beach,.
pursuant to Chapter 165, of the Code of Ordinances desires to a~sess th~
cost of said condition 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 amount of $1,980.00
One thousand nine hundred eiqhty and no/100 dollars as shown b~
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, va~id and
binding obligations upon the property against which said assessm~ts are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mall 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 asses~
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
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 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 six
percent (6%) per annum plus reasonable attorney's fee and other costs of!
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) daysaJfter the mailing datel
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 certi-
fied 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 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the 23rd__ day
of May , 1989.
MAYOR
ATTEST:
- 2 - Res. No.22-89
TO: David and Felice Ledbetter
ADDRESS: 760 NW 7th Avenue, Delray Beach, F1 33444
pBOPERI~f: 1210 Germantown Road, Delray Beach, F1 33444
L~ZAL DESCRIPTIC~: S82.50 feet of East 33 feet of Lot 5 and S82.50 feet of North 142.5
feet of LOt /, Slock O, bunny Acres, according to Flat Book Yl, Page
63 of the official records of Palm Beach County, Fla.
YOU, as the record owner of, or holder of an interest in, the above-described
property are hereby advised that a cost of ~l: g~0.0o by resolution of
th~ City Council of the City of Delray Beach, Florida, dated .~r~.~ =D_ X ,
19 ~, has peen levied against the above-described property. ~
The costs were incurred as a result of a nuisance abatement action regarding
tb~ above-described property. You were given written notice on 1]_! ]_~
that the building official has determined that a building located on the above-
described property was unsafe. You were advised in that notice of tb~ action to
be taken to remedy that unsafe condition and of the time within which the remedial
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
re~,~red 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.
The City of Delray Beach has therefore taken remedial action to r~move the
unsafe condition existing on the above-described property on 3-20-89
at a cost of $! :q~.~ 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 COUNCIL.
/~/ City Cl~rk