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Res 52-89 RESOLUTION NO. 52-89 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. 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 ~hapter 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 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 or demolished; work must be begun within sixty (60) days and all work must 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 indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the 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 $1,369..50 One thousand three hundred sixtv nine and 50/100 dollars as shown Dy 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 is 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 ~batement 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) 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 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 _~ day of August , 1989. MAYOR ATTEST: - 2 - Res. No. 52-89 NOTICE OF ASSESSMENT Auqust 22 m 1989 Date , TO: Goldman W. and Mettle May Creasman ADDRESS: RD#1. Box 362. Andrews. North Cavo]~n~ ?RqN1 PROPERTY: 1116} Poinse~:iaDrive. Delr~v ~ch. ~ ~2&A~ LEGAL DESCRIPTION: West 70 feet of Lot 5. Rlnrk n: ~,,,,y a,re~ according to Plat Book 1, Page 4 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 $1.~&q.%o by resolution of the City Commission of the City of Delray Beach, Florida, dated ~ -z~,~ , 1989, 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 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. × 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. An emergency action was undertaken at the above described property to remove an unsafe condition. Am appeal was not received 30 days after thc oct/on was taken although you may still have an appeal right as to the cost of the action. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the abOve-described property on 7-26-89 at a cost of $1,369.50 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.